Young People Seeking to Seal Juvenile Records Face Substantial Barriers—Even After the Records Are Supposedly Sealed

Photo via cynicalview on Flickr Creative Commons

For youth who have been involved in the juvenile justice system, the consequences of committing a crime don’t end after they’ve “done the time.” Having a juvenile record can restrict a young person’s ability to enroll in college, find housing, enlist in the military, or get a driver’s license. That’s why it’s absolutely critical for youth to apply to seal or expunge (the term varies, depending on which state you’re in) their juvenile records as soon as possible, to help protect their futures.

An alarming two-part article recently published by Crosscut describes Washington state’s policy on sealing juvenile records. Washington is one of a minority of states that releases juvenile records to the public and, until recently, was one of three states that sold juvenile records in bulk to credit bureaus, data brokers, landlords, employers, colleges and other enterprises that use or market background checks. Although the state offers young people the opportunity to apply to have their records sealed after certain periods of time, the article highlights pitfalls of the sealing process:

“[Sealing juvenile records is] arduous and, for those who use private attorneys, costly. Applicants must gather their histories (many counties charge for providing them); notify authorities in every local jurisdiction where they have a record; apply for each record they want to seal; pay any restitution owed; undergo a court hearing; and deliver motions, notices and certified copies of any final order to seal their records to at least four different state agencies.”

As a result of these stringent and cumbersome requirements, fewer than 10 percent of young Washington state residents who are eligible to apply to seal their juvenile records actually succeed in getting it done. Many young people simply do not understand that sealing their records is a proactive—not automatic—process.

Additionally, even after a record is officially sealed, it may still be available through various public resources like LexisNexis and other online registries, which often violate sealing orders and do not purge sealed records from their databases. As the article notes, “just because records are off the books doesn’t mean they’re gone.” 

Unfortunately, this problem is not specific to the Washington. States across the country, including Pennsylvania, have abysmally low rates of juvenile record sealings and expungements. 

As a result, Juvenile Law Center has begun a multi-tiered project to limit the accessibility of juvenile delinquency record information. This project will improve laws and processes governing the dissemination and expungement of such records. We are developing tools to:

• promote public awareness of the issues
• encourage legislative and policy changes to a) limit the dissemination and public accessibility of records and b) make expungement more readily available to more youth; and
• increase the number of expungements under existing laws. 

We are reviewing the expungement and sealing laws in all U.S. states and territories, which will culminate in a publication and report card on state laws regarding access to juvenile delinquency records and their expungement. We will also be publishing a white paper on the subject of confidentiality of juvenile records. 

Stay tuned for an update on this work!