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 North Dakota, 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 parties, such as court personnel, law enforcement, and sometimes the juvenile and their parents or guardians. North Dakota Century Code (NDCC) outlines the specifics of who may access juvenile records and under what circumstances. Additionally, North Dakota law provides mechanisms for sealing and expungement of juvenile records, which can further protect a juvenile's privacy by removing or destroying records after certain conditions are met, such as the passage of time or the juvenile's completion of a diversion program. The process for sealing or expunging juvenile records is typically initiated by petitioning the court, and the court has discretion in determining whether to grant such requests based on the criteria set forth in the state statutes.