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 South Dakota, juvenile records are treated with a higher degree of confidentiality compared to adult criminal records to protect the privacy of minors and prevent the long-term stigma associated with a juvenile record. Access to these records is generally limited to certain parties, such as court personnel, law enforcement, and specific agencies involved in the juvenile's care or rehabilitation. South Dakota Codified Laws (SDCL) provide the framework for handling juvenile records, including provisions for sealing and expungement. Sealing juvenile records restricts their accessibility, while expungement effectively destroys or removes them from the record. The criteria and procedures for sealing and expungement of juvenile records are outlined in the state statutes, and they typically involve a petition to the court, with considerations based on the nature of the offense, the juvenile's age, the time elapsed since the offense, and the juvenile's behavior since the incident. It's important to note that not all juvenile records may be eligible for sealing or expungement, and some may be accessible to certain entities for specific purposes, such as background checks for employment in sensitive positions.