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- Group: Juvenile
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| Clearance policy overview | Records relating to a delinquency matter can be sealed if the court finds that the child has been satisfactorily rehabilitated and the person is not subject to a disqualifying event. Such a petition may be filed and considered by the court no less than one year from the date of the child's unconditional release from the court's jurisdiction or the discharge of the child by the department of corrections, whichever date is later. S.D. Codified Laws § 26-7A-115. | A delinquency adjudication that resulted from being a victim of human trafficking can be vacated, and the related court records can be expunged.S.D. Codified Laws § 26-7A-115.1. | A record relating to a delinquency adjudication can be expunged upon motion so long as the person is at least 17 years of age, at least one year has passed since their most recent delinquency adjudication, and they have not been subject to a disqualifying event. Tenn. Code Ann. § 37-1-153(f)(1)(A). | A record relating to a delinquency adjudication can be expunged upon motion, if the court finds that the person has maintained a consistent and exemplary pattern of responsible, productive, and civic-minded conduct for one or more years immediately preceding the filing of the petition. Tenn. Code Ann. § 37-1-153(f)(1)(B). | A record relating to a delinquency adjudication can be expunged upon motion, if the court finds that the person has made such an adjustment of circumstances that the court, in its discretion, believes that expungement serves the best interest of the child and the community. Tenn. Code Ann. § 37-1-153(f)(1)(C). | A record relating to any case in which there is a successful completion of an informal adjustment without adjudication or pretrial diversion under section 37-1-110 will be expunged upon motion after one year. Tenn. Code Ann. § 37-1-153(f)(3). | A record relating to any case in which there is a successful completion of an informal adjustment without adjudication or pretrial diversion under section 37-1-110, will be expunged upon motion if the court determines that the expungement serves the best interest of the child and the community. Tenn. Code Ann. § 37-1-153(f)(4). | A record relating to any case in which there was a successful completion of a judicial diversion pursuant to section 37-1-129 will be expunged upon motion after one year. Tenn. Code Ann. § 37-1-153(f)(5). | A record relating to any case in which there was a successful completion of a judicial diversion may be expunged earlier than the required one-year wait period upon a motion if the court determines that the expungement serves the best interest of the child and the community. Tenn. Code Ann. § 37-1-153(f). | A record relating to any case that is dismissed will be expunged upon dismissal. Tenn. Code Ann. § 37-1-153(f)(6). | A record in any case in which a juvenile is tried and adjudicated delinquent or unruly for conduct that would constitute the offense of prostitution under §39-13-513 or aggravated prostitution under §39-13-516 if committed by an adult may be expunged if the court finds that the conduct upon which the adjudication is based was found to have occurred as a result of the person being a victim of human trafficking under §39-13-314. Tenn. Code Ann. § 37-1-153(f)(12). | A delinquency adjudication that resulted from being a victim of human trafficking can be vacated, and the related records can be sealed, once the person completes a trafficked persons program. Tex. Fam. Code Ann. §54.04012. | Records relating to a misdemeanor adjudication will be sealed automatically, so long as the person is 19 years old and not subject to a disqualifying event. Tex. Fam. Code Ann. §58.253(b). | Records relating to delinquency matters not adjudicated will be sealed automatically, so long as the person is 19 years of age and is not subject to a disqualifying event. Tex. Fam. Code Ann. §58.253(b). | Records relating to any delinquency matters where a person was referred to the juvenile probation department can be sealed upon petition, so long as the person is at least 18 years of age, at least two years have elapsed after the date of final discharge, and the person is not subject to a disqualifying event. Tex. Fam. Code Ann. § 58.256. | A record relating to the conduct for which charges were not filed because of a determination that no probable cause existed will be destroyed automatically following the decision by the law enforcement agency or the prosecutor to not proceed with further action against the child. Tex. Fam. Code Ann. § 58.263. | A record relating to a person whose most serious adjudication was a misdemeanor can be destroyed upon an application to the agency in possession of the records at the discretion of that agency. Tex. Fam. Code Ann. § 58.264(b)(2)(A). | A record relating to charges that were not adjudicated can be destroyed upon an application to the agency in possession of the records at the discretion of that agency. Tex. Fam. Code Ann. § 58.264(b)(2)(B). | A record relating to a person whose most serious adjudication was a felony can be destroyed upon an application to the agency in possession of the records at the discretion of that agency. Tex. Fam. Code Ann. § 58.264(b)(3). | Records relating to a juvenile court adjudication for prostitution, aiding prostitution, or sex solicitation, or for any offense resulting from force, fraud, or coercion, can be vacated and sealed by the court immediately. Utah Code Ann. § 80-6-1002, Utah Code Ann. § 76-10-1304, Utah Code Ann. § 76-10-1313, Utah Code Ann. § 76-10-1302, Utah Code Ann. § 76-5-308. |
| Ineligible Category or Citation | There is no statutory language regarding ineligible offenses. | There are no ineligible offenses. | Any offenses listed under Tenn. Code Ann. § 37-1-153(f)(1)(A) are ineligible for expungement and will also disqualify the juvenile for expungement for other offenses. | Expungement is not available under this section if the child was accused of a delinquent act that, if committed by an adult, would constitute an act of terrorism as defined by §39-13-803, or an attempt to commit an act of terrorism. Tenn. Code Ann. § 37-1-153(f)(13). | Expungement is not available under this section if the child was accused of a delinquent act that, if committed by an adult, would constitute an act of terrorism as defined by §39-13-803, or an attempt to commit an act of terrorism. Tenn. Code Ann. § 37-1-153(f)(13). | Expungement is not available under this section if the child was accused of a delinquent act that, if committed by an adult, would constitute an act of terrorism as defined by §39-13-803, or an attempt to commit an act of terrorism. Tenn. Code Ann. § 37-1-153(f)(13). | Expungement is not available under this section if the child was accused of a delinquent act that, if committed by an adult, would constitute an act of terrorism as defined by §39-13-803, or an attempt to commit an act of terrorism. Tenn. Code Ann. § 37-1-153(f)(13). | Expungement is not available under this section if the child was accused of a delinquent act that, if committed by an adult, would constitute an act of terrorism as defined by §39-13-803, or an attempt to commit an act of terrorism. Tenn. Code Ann. § 37-1-153(f)(13). | Expungement is not available under this section if the child was accused of a delinquent act that, if committed by an adult, would constitute an act of terrorism as defined by §39-13-803, or an attempt to commit an act of terrorism. Tenn. Code Ann. § 37-1-153(f)(13). | See Tenn. Code Ann. § 37-1-153(f) for ineligible offenses. | This section applies only to acts of prostitution or aggravated prostitution under Tenn. Code Ann. §§ 39-13-513 and 39-13-516. Tenn. Code Ann. § 37-1-153(f)(12). | There are no ineligible offenses. | The person is not eligible for sealing if the person has any pending delinquent conduct matters; has been transferred by a juvenile court to a criminal court for prosecution; has, as an adult, been convicted of a felony or a misdemeanor punishable by confinement in jail; or has any pending charges as an adult for a felony or a misdemeanor punishable by confinement in jail. Tex. Fam. Code Ann. §58.253(b). | The person is not eligible for sealing if the person has any pending delinquent conduct matters; has been transferred by a juvenile court to a criminal court for prosecution; has, as an adult, been convicted of a felony or a misdemeanor punishable by confinement in jail; or has any pending charges as an adult for a felony or a misdemeanor punishable by confinement in jail. Tex. Fam. Code Ann. §58.253(b). | The person is not eligible for sealing if the person has any pending delinquent conduct matters; has been transferred by a juvenile court to a criminal court for prosecution; has, as an adult, been convicted of a felony; has any pending charges as an adult for a felony or a misdemeanor punishable by confinement in jail; received a determinate sentence for engaging in certain serious offenses outlined in section 53.045; received a determinate sentence for engaging in habitual felony conduct; is currently required to register as a sex offender; or was committed to the Texas Juvenile Justice Department or to a post-adjudication secure correctional facility, unless the person has been discharged from the agency to which the person was committed. Tex. Fam. Code Ann. § 58.256(c), (d). | There is no statutory language regarding ineligible offenses. | There is no statutory language regarding ineligible offenses. | There is no statutory language regarding ineligible offenses. | There is no statutory language regarding ineligible offenses. | The court may not vacate and seal a juvenile court record if the record contains an adjudication for murder or aggravated murder. Utah Code Ann. § 80-6-1002 (6). |
| Clearance Process | By petition or court's own motion | Petition-based | Petition-based | Petition-based | Petition-based | Petition-based | Petition-based | Petition-based | Petition-based | Automatic | Petition-based | By petition or court's own motion | Automatic | Petition-based | Automatic | Petition-based | Petition-based | Petition-based | Petition-based | |
| Waiting Periods | The petition can be filed one year from the date of the child's unconditional release from the court's jurisdiction or the discharge of the child by the Department of Corrections, whichever date is later. | The petition may be filed once the person reaches 18 years of age. | The motion can be filed if the person is at least 17 years old and at least one year has passed since the person's most recent delinquency adjudication. | The motion can be filed if, for one or more years immediately preceding the filing of the petition, the person has maintained a consistent and exemplary pattern of responsible, productive, and civic-minded conduct. | The motion can be filed at any time. | The motion can be filed one year after the person successfully completed the informal adjustment or pretrial diversion program. | The motion can be filed at any time. | The motion can be filed one year after the person successfully completed the judicial diversion program. | The motion can be filed at any time. | The record should be expunged immediately following the dismissal of the case. | There is no waiting period. | There is no waiting period. | The records can be sealed when the person turns 19 years old. | The records can be sealed when the person turns 19 years old. | A petition can be filed if the person is at least 18 years old and two years have elapsed since the date of final discharge. | The record should be destroyed immediately upon the decision not to proceed with further action against the child. | The application can be made if the person is at least 21. | The application can be made if the person is at least 21. | The application can be made if the person is at least 31 years of age. | There is no waiting period. |
| Fees | There is no statutory language regarding fees. | There is no statutory language on fees. | There is no statutory language regarding fees. | There is no statutory language regarding fees. | There is no statutory language regarding fees. | There is no cost to the child. Tenn. Code Ann. § 37-1-153(f). | There is no statutory language regarding fees. | There is no cost to the child. Tenn. Code Ann. § 37-1-153(f). | There is no statutory language regarding fees. | There is no cost. Tenn. Code Ann. § 37-1-153(f). | No statutory language. | There is no statutory language on fees. | There is no statutory language regarding fees. | There is no statutory language regarding fees. | There are no fees. Tex. Fam. Code Ann. § 58.256(a). | There is no statutory language regarding fees. | There is no statutory language regarding fees. | There is no statutory language regarding fees. | There is no statutory language regarding fees. | There is no statutory language on fees. |
| Effect | The court can seal all of the court's records and files and the records and files in the custody or under the control of any other agency or official. S.D. Codified Laws § 26-7A-115. Sealed records can be used by the court in other delinquency actions or proceedings or in subsequent criminal proceedings for sentencing purposes. S.D. Codified Laws § 26-7A-116. | The court record is expunged and the underlying delinquency proceeding is vacated. S.D. Codified Laws § 26-7A-115.1. | The order of expungement, the original delinquent petition, and the order of adjudication and disposition will be sealed and maintained by the clerk of the court in a locked file cabinet and kept separate from all other records. In courts that maintain a case management system capable of expunging a record and only allowing access to the system administrator, paper copies need not be maintained. Any person whose records are expunged will be restored to the status that the person occupied before arrest, citation, the filing of a juvenile petition, or referral. For more information on the effect, see Tenn. Code Ann. § 37-1-153(f)(9). | The order of expungement, the original delinquent petition, and the order of adjudication and disposition will be sealed and maintained by the clerk of the court in a locked file cabinet and kept separate from all other records. In courts that maintain a case management system capable of expunging a record and only allowing access to the system administrator, paper copies need not be maintained. Any person whose records are expunged will be restored to the status that the person occupied before arrest, citation, the filing of a juvenile petition, or referral. For more information on the effect, see Tenn. Code Ann. § 37-1-153(f)(9). | The order of expungement, the original delinquent petition, and the order of adjudication and disposition will be sealed and maintained by the clerk of the court in a locked file cabinet and kept separate from all other records. In courts that maintain a case management system capable of expunging a record and only allowing access to the system administrator, paper copies need not be maintained. Any person whose records are expunged will be restored to the status that the person occupied before arrest, citation, the filing of a juvenile petition, or referral. For more information on the effect, see Tenn. Code Ann. § 37-1-153(f)(9). | The order of expungement, the original delinquent petition, and the order of adjudication and disposition will be sealed and maintained by the clerk of the court in a locked file cabinet and kept separate from all other records. In courts that maintain a case management system capable of expunging a record and only allowing access to the system administrator, paper copies need not be maintained. Any person whose records are expunged will be restored to the status that the person occupied before arrest, citation, the filing of a juvenile petition, or referral. For more information on the effect, see Tenn. Code Ann. § 37-1-153(f)(9). | The order of expungement, the original delinquent petition, and the order of adjudication and disposition will be sealed and maintained by the clerk of the court in a locked file cabinet and kept separate from all other records. In courts that maintain a case management system capable of expunging a record and only allowing access to the system administrator, paper copies need not be maintained. Any person whose records are expunged will be restored to the status that the person occupied before arrest, citation, the filing of a juvenile petition, or referral. For more information on the effect, see Tenn. Code Ann. § 37-1-153(f)(9). | The order of expungement, the original delinquent petition, and the order of adjudication and disposition will be sealed and maintained by the clerk of the court in a locked file cabinet and kept separate from all other records. In courts that maintain a case management system capable of expunging a record and only allowing access to the system administrator, paper copies need not be maintained. Any person whose records are expunged will be restored to the status that the person occupied before arrest, citation, the filing of a juvenile petition, or referral. For more information on the effect, see Tenn. Code Ann. § 37-1-153(f)(9). | The order of expungement, the original delinquent petition, and the order of adjudication and disposition will be sealed and maintained by the clerk of the court in a locked file cabinet and kept separate from all other records. In courts that maintain a case management system capable of expunging a record and only allowing access to the system administrator, paper copies need not be maintained. Any person whose records are expunged will be restored to the status that the person occupied before arrest, citation, the filing of a juvenile petition, or referral. For more information on the effect, see Tenn. Code Ann. § 37-1-153(f)(9). | The order of expungement, the original delinquent petition, and the order of adjudication and disposition will be sealed and maintained by the clerk of the court in a locked file cabinet and kept separate from all other records. In courts that maintain a case management system capable of expunging a record and only allowing access to the system administrator, paper copies need not be maintained. Any person whose records are expunged will be restored to the status that the person occupied before arrest, citation, the filing of a juvenile petition, or referral. For more information on the effect, see Tenn. Code Ann. § 37-1-153(f)(9). | The order of expungement, the original delinquent petition, and the order of adjudication and disposition will be sealed and maintained by the clerk of the court in a locked file cabinet and kept separate from all other records. In courts that maintain a case management system capable of expunging a record and only allowing access to the system administrator, paper copies need not be maintained. Any person whose records are expunged will be restored to the status that the person occupied before arrest, citation, the filing of a juvenile petition, or referral. For more information on the effect, see Tenn. Code Ann. § 37-1-153(f)(9). |
On entry of the sealing order, all adjudications relating to the person are vacated and the proceedings are dismissed and treated for all purposes as though the proceedings had never occurred. Tex. Fam. Code Ann. § 58.258(c). For further information on effect of sealing, see Tex. Fam. Code Ann. §§ 58.259, 58.261. |
On entry of the sealing order, all adjudications relating to the person are vacated and the proceedings are dismissed and treated for all purposes as though they had never occurred. Tex. Fam. Code Ann. § 58.258(c). For further information on the effect of sealing, see Tex. Fam. Code Ann. §§ 58.259, 58.261. | Upon entry of the sealing order, all adjudications relating to the person are vacated and the proceedings are dismissed and treated for all purposes as though the proceedings had never occurred. Tex. Fam. Code Ann. § 58.258(c). For further information on effect of sealing, see Tex. Fam. Code Ann. §§ 58.253, 58.261. | Upon entry of the sealing order, all adjudications relating to the person are vacated and the proceedings are dismissed and treated for all purposes as though the proceedings had never occurred. Tex. Fam. Code Ann. § 58.258(c). For further information on the effect of sealing, see Tex. Fam. Code Ann. §§ 58.259, 58.261. | There is no statutory language regarding the effect of destruction. | For information about which records can be destroyed if the record contains information about more than one person referred to a juvenile probation department, see Tex. Fam. Code Ann. § 58.263(c). For further information about the effect of destruction, see Tex. Fam. Code Ann. §§ 58.263(d)-(h). | For information about which records can be destroyed if the record contains information about more than one person referred to a juvenile probation department, see Tex. Fam. Code Ann. § 58.263(c). For further information about the effect of destruction, see Tex. Fam. Code Ann. §§ 58.263(d)-(h). | For information about which records can be destroyed if the record contains information about more than one person referred to a juvenile probation department, see Tex. Fam. Code Ann. § 58.263(c). For further information about the effect of destruction, see Tex. Fam. Code Ann. §§ 58.263(d)-(h). | The court shall order sealed all of the petitioner's records under the control of the juvenile court and any of the petitioner's records under the control of any other agency or official pertaining to the petitioner's adjudicated juvenile court cases, including relevant related records contained in the Management Information System created by Section 62A-4a-1003 and the Licensing Information System created by Section 62A-4a-1005. Utah Code Ann. § 78A-6-1114(2)(c). Upon the entry of the order, the proceedings in the petitioner's case shall be considered never to have occurred and the petitioner may properly reply accordingly upon any inquiry in the matter. Utah Code Ann. § 78A-6-1114(4). |
| Remedy | Seal | Vacate | Expunge | Expunge | Expunge | Expunge | Expunge | Expunge | Expunge | Expunge | Expunge | Vacate | Seal | Seal | Seal | Delete | Delete | Delete | Delete | Seal |
