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One of the most damaging misconceptions in this whole area is that a juvenile record automatically vanishes when someone turns 18. In some states, for some offences, something like that does happen. In many states it does not, and a record that no one applied to seal remains accessible in ways that surface years later — during a job application, a professional licence check, a housing application, or a military enlistment.
Sealing and expungement are not the same
Sealing generally means a record still exists but is closed to public inspection, accessible only to specified parties such as courts or certain agencies under defined circumstances. Expungement generally means the record is destroyed or treated as though it never existed. Which of these is available, for which offences, and after how long, is entirely a matter of state law and varies enormously.
Some states seal certain juvenile records automatically at a set age or after a waiting period with no new offences. Others require a petition, sometimes with a filing fee, sometimes with a hearing. The only way to know which situation applies is to check the specific state — and assuming the favourable version is what causes people to discover the problem at the worst moment.
What a sealed record does not always cover
Sealing a court record does not necessarily reach every copy of the information. Police records, prosecutor files, school disciplinary records, news coverage, and commercial background-check databases that already purchased the data are separate holdings, and a sealing order may or may not require each of them to act.
This matters because commercial background-check companies work from data they collected earlier, and a database that was never updated can keep reporting something a court has sealed. If that happens, the Fair Credit Reporting Act gives a right to dispute inaccurate information in a consumer report, which the FTC enforces — so the remedy exists, but it has to be used.
How to find out where you stand
Start with the court that handled the matter: clerks generally can say what exists, whether it has been sealed, and whether a petition is required. Many courts publish self-help materials on sealing and expungement, and some legal aid organizations and law school clinics run dedicated record-clearing projects, often free.
If a lawyer represented you at the time, they are the fastest route. If not, our article on legal aid and pro bono help covers where to look. Do this before you need it rather than during a job application, because petitions take time and hearings get scheduled weeks out.
Lembre-se disto
- Juvenile records do not reliably disappear at 18 — in many states someone has to petition.
- Sealing closes a record to public inspection; expungement destroys or nullifies it. Availability varies entirely by state.
- Police files, school records, and commercial background-check databases are separate holdings a sealing order may not reach.
- Start with the court clerk, look for a legal aid record-clearing project, and do it before a job application, not during one.
Fontes
Este artigo traz informações educativas gerais, não aconselhamento jurídico individual. A KidsKnowRights não é um escritório de advocacia, e ler este artigo não cria uma relação advogado-cliente. As leis variam de acordo com o estado, a idade e as circunstâncias, e mudam com o tempo. Para receber orientação sobre uma situação real, fale com um advogado licenciado ou com uma organização de assistência jurídica gratuita.