Frequently Asked Questions
Are delinquency hearings private?
In most cases juvenile court proceedings are only open to the parties involved in the incident which brought the parties to court. Those parties include: the minor who is the respondent in the matter; lawyers, and witnesses for the defense and prosecution; persons accompanying the minor for assistance; the victim, the victim’s lawyer, and persons accompanying the victim for assistance; and any other persons that the court finds has a proper interest in the case1.
The general public, however, will not be excluded from juvenile court hearings under the following circumstances:
the delinquency petition concerns a minor 14 years or older who has been accused of conduct that would be considered a felony if committed by an adult
the delinquency petition concerns a minor 12 years or older who has been accused of one of the following offenses:
- murder
- voluntary manslaughter
- aggravated assault
- arson
- involuntary deviate sexual intercourse
- kidnapping
- rape
- robbery
- robbery of a motor vehicle
attempt or conspiracy to commit any of the above offenses
In any of the above circumstances, however, the minor (through his lawyer) and district attorney can agree that the proceedings be closed to the public. In addition, during disposition the judge has the power to decide whether to maintain confidentiality of documents generated by a juvenile facility including mental health or medical documents or juvenile probation reports.2
Are court records of delinquency proceedings confidential?
Court records concerning delinquency proceedings are, as a general matter, confidential. However, the following people may have access to some of the information contained in the court records3:
- Judges, officers, and the professional staff of the court.
- Other parties to the delinquency proceedings and their lawyers. (A party to the proceeding includes the child, any victims, the district attorney and any involved service providers.)
- Any agency or institution supervising the minor or maintaining custody of the minor as the result of the court order.
- Court staff and the defendant’s lawyer for use in preparing a pre-sentence report in a criminal case when the defendant has previously been the subject of delinquency proceedings.
- A court that is determining bail for any subsequent offense.
- The Administrative Office of Pennsylvania Courts.
- With permission from the court, any other person with a legitimate interest in the proceedings. Pennsylvania courts have held this exception to be very limited.
Are a minor’s law enforcement records confidential?
A minor’s law enforcement records and files are to be kept separate from the files of adults and are generally not open to the public. The following people or institutions, however, may have access to the minor’s record4:
- Any court, when hearing a proceeding involving the minor.
- The lawyers for all parties to the delinquency proceeding.
- The persons or agencies to whom the child is committed.
- Law enforcement officers of other jurisdictions when they need this information to perform their official duties.
- A criminal court that has a minor before it charged with a criminal offense for the purpose of formulating a pre-sentence report, disposition, conditions of parole, discharge, and supervision.
Are there any situations in which the public may have access to a minor’s law enforcement records?
In the following situations the public may have access to certain limited information in a minor’s law enforcement record, limited to the name, age, address of the minor, the offenses charged and the disposition of the case5:
- The minor was adjudicated delinquent by a court as a result of an act she committed when she was 14 years old and the conduct would have considered a felony if committed by an adult; or
- The minor was adjudicated delinquent by a court as a result of an act she committed when she was 12 or 13 years old and if committed by an adult, the conduct would be considered murder, voluntary manslaughter, aggravated assault, arson, involuntary deviate sexual intercourse, kidnapping, rape, robbery, robbery of a motor vehicle, or attempt or conspiracy to commit any of the offenses named above.
- A petition alleging delinquency has been filed by a law enforcement agency and the minor has previously been adjudicated delinquent for one of the above offenses.
When can a minor be photographed and fingerprinted?
Fingerprints and photographs can be taken of any minor who is alleged to have committed an act which would be a misdemeanor or felony under the laws of Pennsylvania, another state, or Federal law6.
How can fingerprints and photographs of minors taken by law enforcement officials be used?
Fingerprints and photographs of minors can be used in the investigation of crimes by law enforcement officials of Pennsylvania, other jurisdictions, and the FBI.7
How can the fingerprints and photographic records of minors be expunged?
If a minor is not adjudicated delinquent, the fingerprints and photographs must be destroyed upon an order from the court.8 See next question below regarding procedures to obtain expungement.
Are juvenile records automatically expunged after some period of time?
No. To have juvenile records destroyed, the subject of the record or any other concerned party must petition the court for its expungement. The court will expunge the records if it finds any one of the following:
- A complaint is not substantiated or is dismissed.
- Six months have passed since the final discharge of the person from supervision under a consent decree and no juvenile or criminal charges are pending.
- Five years have passed since the final discharge of a person from commitment, placement, or any other disposition and since that time no further charges have been filed or are pending.9
- If the subject of the record is 18 years or older, the prosecutor agrees to the expungement, and the court has considered the following:
- the type of offense
- the individual’s age, history of employment, criminal activity, and drug or alcohol problems
- adverse consequences that the individual may suffer if the records are not expunged, such as obstacles to entrance into the military or higher education10
- whether retention of the record is required for the purpose of protecting public safety11
Can delinquency records be used in later criminal proceedings?
Yes. Although a delinquency adjudication is not technically a conviction for a crime, delinquency records can be used against defendants in criminal proceedings under the following circumstances:
- A court deciding whether to grant a defendant bail.12
- A court deciding whether to grant probation for misdemeanor offenses. The court is not supposed to weigh the presence of a juvenile record against the defendant, but in practice a delinquency record is likely to hurt a defendant’s chances of being sentenced to only probation for misdemeanors.13
- Pennsylvania criminal courts for determining appropriate sentencing for felonies. Felonies committed by minors are used to determine a point total in adult court under the state’s sentencing guidelines. The Pennsylvania courts are split over whether a juvenile record can be used when a jury decides whether capital punishment is appropriate.14
- Federal courts in sentencing proceedings. Federal courts must consider past criminal conduct, including certain delinquency dispositions, when making sentencing decisions. In certain circumstances, courts may even use expunged juvenile records to increase sentencing under the Federal Sentencing Guidelines.15
Will the school be notified about the child’s delinquency status?
Yes. If the child is found delinquent, his or her probation officer must notify the school principal of the name, address of the child, the acts committed, and the disposition of the case. Treatment reports and prior history should additionally be forwarded to the school if the child is charged with an offense that would be a felony if committed by an adult. This information may also be shared with the child’s teachers. Additional information can be disclosed if the court feels that public safety is endangered.16
In what situations can the police take DNA samples from a minor?
A person who is found delinquent for a felony sex offense will have a DNA sample drawn upon intake at a juvenile detention facility or as a mandatory condition of the disposition if not detained. No person convicted or adjudicated delinquent for a felony sex offense can be released unless and until a DNA sample has been drawn.17
Can a DNA sample be expunged?
A person may request expungement of her DNA sample if the delinquency adjudication on which authority for including her DNA sample was based has been reversed and the case has been dismissed, or that the DNA sample was included in the State DNA data bank or data base by mistake. A person who is currently incarcerated or was previously incarcerated for a felony sex offense prior to July 27, 1995 may not request expungement of her DNA sample.18
This fact sheet is provided for informational purposes only and does not constitute legal advice. Applicability of the legal principles discussed in this fact sheet may differ substantially in individual situations, different counties, or in different states. If you have a specific concern or legal problem, do not rely on these materials. Be sure to seek the advice of an attorney about your particular situation and facts.
Endnotes
42 Pa. Cons. Stat. Ann. §6336(e)
42 Pa. Cons. Stat. Ann. §6336(f)
42 Pa. Cons. Stat. Ann. §6307
42 Pa. Cons. Stat. Ann. §6308(a)
42 Pa. Cons. Stat. Ann. §6308(b)
42 Pa. Cons. Stat. Ann. §6308®(1)
42 Pa. Cons. Stat. Ann. §6308®(2)
42 Pa. Cons. Stat. Ann. §6308®
18 Pa. Cons. Stat. Ann. §9123
See, e.g., In the Interest of Lowe, 302 Pa. Super. 271, 448 A2d. 632 (1982).
18 Pa. Cons. Stat. Ann. §9123
42 Pa. Cons. Stat. Ann. §6307
42 Pa. Cons. Stat. Ann. §9722(7); Commonwealth v. Lyons, 366 Pa. Super. 172, 530 A.2d 1345 (1987), alloc. denied, 520 Pa. 572, 549 A.2d 133 (1988).
42 Pa. Cons, Stat. Ann. §6354; Commonwealth v. Thomas, 1999. Pa. Super. 301, 743 A.2d 460 (1999); Commonwealth v. Baker, 531 Pa. 541. 614 A.2d 663 (1992).
Federal Sentencing Guidelines, 4a1.2(d), 4a1.3.
42 Pa. Cons. Stat. Ann. §6341 b.1
44 Pa. Cons. Stat. Ann. §2316
44 Pa. Cons. Stat. Ann. §2321
Last updated: Summer 2007
