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 Nebraska, juvenile records are protected under state law 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, the courts, and some government agencies, and is not available to the public. This is to shield the youth from the potential negative consequences that could arise from their juvenile records being widely accessible. Nebraska law allows for the sealing and expungement of juvenile records under specific conditions. Sealing means that the records are closed off from public view, but they still exist, while expungement refers to the complete destruction or removal of the records. The process and eligibility for sealing or expungement of juvenile records depend on various factors, including the nature of the offense, the individual's age, and the amount of time that has passed since the case was closed. These measures are in place to provide juveniles with the opportunity to move forward without the burden of their past encounters with the justice system affecting their future opportunities.