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 West Virginia, juvenile records are protected under state law to maintain the confidentiality of young individuals who have been involved in the juvenile justice system. These records include information such as arrest records, school performance, medical or behavioral health information, and family or social history. Access to these records is generally restricted to certain individuals and entities, such as court personnel, law enforcement, and specific agencies involved in the juvenile's care or rehabilitation, to safeguard the privacy of the youth and prevent the potential stigma associated with these records. West Virginia law also provides mechanisms for the 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 completion of a rehabilitation program. The specifics of these processes, including eligibility and procedures, are outlined in the state's statutes and may require the assistance of an attorney to navigate.