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 Massachusetts, juvenile records are protected under various laws to maintain the confidentiality of young individuals who have been involved with the juvenile justice system. Access to juvenile records is generally restricted to certain parties, such as law enforcement, court personnel, and some government agencies, and is not available to the public. This is to shield the youth from the potential negative consequences of having a juvenile record. Massachusetts law allows for the sealing and expungement of juvenile records under specific conditions. Sealing a record limits even further who can see the record, while expungement results in the destruction of the record so that it is as if the offense never occurred. The process and eligibility for sealing and expungement of juvenile records are outlined in the Massachusetts General Laws, and individuals may need to petition the court or meet certain criteria, such as the passage of a specified amount of time without new offenses, to have their records sealed or expunged.