Home     Law Advice     Insurance Advice     Community    
        View All Law Topics        Free Case Review        Legal Resource Directory        FreeAdvice Answers       
Home > Law Advice > Juvenile Law > Juvenile Record
Juvenile Law
  All States        
Juvenile Records: How Confidential Are They?

The whole point of Juvenile Courts is the assumption that young people are "salvageable" and should not be given criminal records, so they can be rehabilitated and not bear the weight of a "criminal" reputation throughout life. Consequently, a juvenile's "criminal" offenses are considered civil matters, but unlike most civil cases, the court files are not open to public inspection. The "confidentiality" of those records is situational, not blanket.

"Confidentiality" does not mean that the police officer, who pulls a 17-year old driver over, will not have immediate computer access to his criminal history as a juvenile. It would be unreasonable to expect police to stay ignorant of a juvenile's history of carrying a concealed pistol, for example. Court personnel, probation officers, and other government employees have access to them, but how long do they continue to exist?

The answer to that question will depend on each state's laws, because juvenile court procedures and statutes are state controlled. It can be generally stated though, that the police records and court records will remain in existence for some period after the juvenile becomes an adult. Why? The same concern with officer safety is one reason. Differing punishments and processes on a new adult case will depend on the prior juvenile record as well. "Three Strikes" type laws are a good example.

Three Strikes laws, which have been enacted in many states, increase sentencing penalties if the accused has prior violent convictions. Obviously, this requires maintaining records of those offenses. In some jurisdictions, a juvenile conviction for robbery will count the same as an adult prior conviction.

The fact that the police and courts have this information does not make it "public". There is no public index, as in adult criminal courts, but that doesn't mean that the juvenile's identity is never revealed. There are exceptions. If a 17-year old drives while under the influence and causes an accident, the victim's attorney will get the information from the court for civil liability purposes, but he or she will have to petition the Juvenile Court to get it. Another exception is made for an adult criminal defendant. His right to a fair trial may require revealing a juvenile witness's (or accused's) identity.

Some states however, have statutes allowing the juvenile to petition the court upon his reaching the age of majority, to seal his records for a period of years. If the petitioner continues to live a law abiding life, the records may be destroyed, but only upon court order, and only for certain offenses, generally not the most serious ones. How long those records have to exist before being destroyed, if ever, will vary from state to state.

Free Case Evaluation From An Experienced Criminal Attorney.



Related Information
» Juvenile Law Articles
» Counsel
» Custody
» Defenses
» Miranda Warning
» Police Misconduct
» Probation
» Procedure
» Searches

Topics Related To Juvenile Law
» Criminal Law
» Arrests And Searches
» Drug Crimes
» Drunk Driving
» Parole Probation
» Violent Crimes
» White Collar Crimes
» Juvenile Law
Get A Free Case Evaluation
From An Experienced Criminal Attorney.
It’s Fast and Free!


Free
Criminal Case Evaluation
Reviewed by an Experienced Attorney
State where incident occurred


City where incident occurred
Please select state first.

Enter your Zip Code





» Ask a question in our legal forum

» Search our legal resource directory

» Find an attorney in your area

» Let us find a lawyer for you




HACKER SAFE certified sites prevent over 99.9% of hacker crime. State Law Center  |  Legal Resource Directory  |  Legal Articles  |  Insurance Advice and Quotes  |  FreeAdvice Answers  |  Community Forums
Media  |  Privacy Policy  |  About Us  |  Contact Us

FreeAdvice® has been providing millions of consumers with outstanding legal and insurance information and general advice, free, since 1995. While not a substitute for personal advice from a licensed professional, FreeAdvice is available AS IS, subject to our disclaimer and conditions of use.
FreeAdvice®, AttorneyPages®, ExpertPages® are registered trademarks and units of Advice Company.
All Rights Reserved © 1995-2009