Juvenile and other courts, and law enforcement and other public agencies maintain a variety of records regarding juveniles who become involved in the juvenile justice system and the criminal justice system—including arrest records, school records, medical or behavioral health records, and family and social history. Many states have laws that restrict access to these records to protect youth from the stigma of a record in the juvenile justice system or criminal justice system. The confidentiality of juvenile records is in contrast with the open records laws that apply to adults in the criminal justice system. Laws regarding access to juvenile records, sealing of juvenile records, and expungement (destruction or deletion) of juvenile records vary from state to state, and are usually located in a state’s statutes.
In Delaware, juvenile records are treated with a high degree of confidentiality to protect the privacy of young individuals who have had encounters with the juvenile justice system. Access to these records is generally restricted to certain entities, such as the courts, law enforcement, and specific authorized agencies. The purpose of this restriction is to shield youths from the potential negative consequences that could arise from their juvenile records being publicly accessible, which could impact their future opportunities in education, employment, and other areas of life. Delaware law allows for the sealing and expungement of juvenile records under certain conditions, which can further protect a juvenile's privacy. Sealing of records typically means that the records are closed off from public view but still exist, while expungement refers to the complete destruction or removal of the records from the system. The specific procedures and eligibility criteria for sealing or expungement of juvenile records are outlined in Delaware's statutes, and an attorney can provide guidance on navigating these processes.