Is a Juvenile Record Actually Confidential?

Most of us growing up were wary of our “permanent record,” a threat used very often in the school system to keep us in line. However, is there actually a “permanent record” when it comes to juveniles and criminal proceedings? If not, many parents still want to know how their children’s juvenile records are handled until they turn 18.

The Elements of a Juvenile Record

There are two types of juvenile records, legal and social history. The legal record contains any information relating to court proceedings, including complaints, court orders, court findings and motions. The social history record includes information regarding the juvenile’s family–including any reported abuse or neglect–and academic history. It may also contain any information regarding whether a juvenile has had problems with drugs and alcohol.

A Brief History of Juvenile Record Keeping

The first juvenile court was created in 1899 in Chicago in an attempt to separate juvenile proceedings–and punishments–from the harsh nature of the adult criminal court systems. It was designed to be more therapeutic, with the idea in mind of juvenile rehabilitation before they became a burden on the adult system. It also included the idea of keeping the juvenile records and proceedings private.

While confidentiality was not mandated, it was practiced by most early juvenile courts. This has mostly continued to modern times, with a variety of Federal and State statutes, local ordinances, court orders, regulations and legal opinions supporting the need to maintain confidentiality regarding juvenile records. However, there is no constitutional confidentiality right for a juvenile delinquent.

How Times are Changing

While most juvenile courts still acknowledge that maintaining the confidentiality of juvenile records is essential to the rehabilitation of the youth, with a recent increase in the level of violent juvenile crime, many are seeking to change this policy, believing that it is important to the public safety to be able to access these records.

Another change is some states allowing victim participation in juvenile proceedings. This seems to go hand-in-hand with the development of victims’ “bill of rights” being amended to state constitutions. Many states, including Utah, have gone even further to address how this bill of rights affects victims of juvenile crimes, and in court challenges to the confidentiality of juvenile records over the past several decades, this provision has been disregarded when the constitutional rights of another have been impeded.

The Best Juvenile Record is No Juvenile Record

Obviously, the only way to prevent a juvenile record from being accessed is not to have one in the first place. However, there’s a reason for the cliché “kids will be kids.” They often have to make mistakes on their own in order to learn, but their learning process shouldn’t be one that will punish them for the rest of their lives. If your child is in trouble with the law, make sure you contact an experienced juvenile defense attorney who will do everything in their power to make sure your child gets a fair judgment.