Are juvenile records automatically erased (expunged)? Explain the process.

Question

Are juvenile records automatically erased (expunged)? Explain the process.

Answer 1

Expunged means deleted. The records are actually sealed, not deleted.

This is normally done when they become an adult. However, there are some exceptions. If a juvenile is waived into adult court, the charges are part of their permanent record. Also, government agencies such as law enforcement and the military could still access a sealed record under certain conditions.

Answer 2

The folks above have answered pretty accurately.  The misconception many people have, though, is believing juvenile records are automatically sealed when a person reaches age 18.   I have yet to meet a reliable source who can show me a statute in any state that orders a minor's delinquency record sealed on their 18th birthday.  

In CA there is a process for sealing a juvenile record, and not all juvenile records qualify for sealing.  The minor has to have successfully complete probation, including payment of all fines, fees, and restitution.   The ex-minor requests the record be sealed, Probation submits the minor's "request for sealing" with Probation's recommendation, to the DA's office, for their input... and finally it goes to the Court who makes a decision about whether or not the record should be sealed.

Answer 3

No, they are sealed. They can be opened with your permission or if you are accused of a serious crime and a court decides the info is relevant.

Expungement is something different. Usually for a first offense misdemeanor. You can get your juvi record expunged but it's another process and again depends on your crime.

Answer 4

Actually they are "sealed" which basically means that they are unavailable for review. In order to get a record expunged it is necessary to have a lawyer.