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 Virginia, 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 court personnel, law enforcement, attorneys, and sometimes the juvenile and their parents or guardians. Virginia law allows for the sealing and expungement of juvenile records under specific circumstances, which can include the passage of time without subsequent offenses, completion of a court-ordered program, or reaching a certain age. The purpose of these protections is to shield youths from the long-term consequences of having a juvenile record and to promote their successful reintegration into society. The exact procedures and eligibility criteria for sealing or expunging juvenile records can be found in the Code of Virginia and may require the assistance of an attorney to navigate.