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 Montana, juvenile records are generally protected under state law to maintain the confidentiality of young individuals who have been involved with the juvenile justice system. Access to these records is typically limited to certain parties, such as court personnel, law enforcement, and sometimes the juvenile and their parents or guardians. Montana law allows for the sealing of juvenile records, which means that the records are closed from public view and treated as if they never existed. However, the process and eligibility for sealing records can vary and may depend on factors such as the nature of the offense, the juvenile's age, and whether they have completed their sentence or rehabilitation program. Additionally, Montana has provisions for the expungement of juvenile records, which is the process of destroying or deleting records so that there is no trace of the individual's involvement with the juvenile justice system. Expungement is often available for those who have demonstrated rehabilitation and have not committed subsequent offenses. It's important to note that while juvenile records are more protected than adult criminal records, there may be exceptions where these records can be accessed or used, such as for serious offenses or when required by federal law.