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 New Jersey, juvenile records are treated with a high degree of confidentiality to protect the privacy of minors who have had encounters with the juvenile justice system. Access to these records is generally restricted to certain parties, such as the courts, law enforcement, and specific agencies involved in the juvenile's case. New Jersey law allows for the sealing and expungement of juvenile records under certain conditions. Sealing of records can limit access even further, making them inaccessible to most entities without a court order. Expungement goes a step further by essentially erasing the record, as if the offense never occurred. The eligibility for sealing or expungement in New Jersey depends on various factors, including the nature of the offense, the amount of time that has passed since the offense or since the juvenile's release from legal custody or supervision, and the individual's subsequent criminal history. The process for sealing or expungement involves petitioning the court, and it is often recommended to seek the assistance of an attorney to navigate the complexities of the process.