Compare Records Clearance Policies | National Reentry Resource Center

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Group: Juvenile
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Clearance policy overview	Records relating an adjudication of delinquency can be expunged if the rehabilitation of the petitioner has been attained to the satisfaction of the juvenile court, including the petitioner's response to programs and treatment, the petitioner's behavior subsequent to the adjudication, and the nature and seriousness of the conduct. Utah Code Ann. § 80-6-1004(1)(a),(2)(b). Records relating to an adjudication of delinquency can be expunged if: (A) the petitioner has not, in the five years preceding the day on which the petition described in Subsection (1)(a) is filed, been convicted of a violent felony; (B) there are no delinquency or criminal proceedings pending against the petitioner; and (C) a judgment for restitution entered by the juvenile court on the adjudication for which the expungement is sought has been satisfied. Utah Code Ann. § 80-6-1004 (2)(c).	Records consisting solely of juvenile court nonjudicial adjustments can be expunged upon petition after the person turns 18 and has completed the conditions of the nonjudicial adjustments. Utah Code Ann. § 80-6-1005(1).	Records relating to any proceeding where the juvenile was found innocent or whose delinquency proceeding was otherwise dismissed will be automatically expunged. Va. Code Ann. § 16.1-306(A).	Records relating to any proceeding where the juvenile was found innocent or whose delinquency proceeding was otherwise dismissed can be expunged. Va. Code Ann. § 16.1-306(C).	Records relating to a delinquent act which would be a misdemeanor if committed by an adult will be expunged automatically the year after the person turns 19, so long as five years have elapsed since the date of the last hearing in the case. Va. Code Ann. § 16.1-306(A).	Records of an offense for which the clerk is required to furnish an abstract to the Department of Motor Vehicles will be expunged when the person turns 29. Va. Code Ann. § 16.1-306(A).	Records relating to delinquency matters can be vacated and sealed two years after the person's final discharge from custody or supervision, or in a case not involving custody or supervision, two years from any other court order. V.I. Code Ann. tit. 5, § 2531(a).	Records relating to charges where the child is not found delinquent can be expunged. V.I. Code Ann. tit. 5, § 2531(e).	Records relating to any adjudication of a person in need of supervision can be expunged. V.I. Code Ann. tit. 5, § 2531(d).	Records relating to a child adjudicated delinquent on or after July 1, 1996, will be sealed if two years have elapsed since the final discharge, unless the state's attorney files an objection and the court finds that the child is subject to a disqualifying event and has not been satisfactorily rehabilitated. 33 V.S.A. § 5119(a).	Records relating to a child adjudicated delinquent prior to July 1, 1996, will be sealed upon a petition or the court's own motion, if the court finds that the child is not subject to a disqualifying event and has been satisfactorily rehabilitated. 33 V.S.A. § 5119(b).	Records relating to juvenile court proceedings can be expunged two years after successful completion of diversion, so long as the court finds that the person has been rehabilitated. 3 V.S.A. § 163(e).	Records relating to a person who, while a child, was found to be in need of care or supervision may be sealed if the person has reached the age of majority and sealing of the record is in the interest of justice. 33 V.S.A. § 5119(c).	The criminal record of a person who was 18 to 21 years old at the time the offense was committed can be expunged within 30 days from the successful completion of sentence. 13 V.S.A. § 7609(a).	Records relating to a juvenile adjudication can be sealed by the court so long as the person is at least 18 years old and not subject to a disqualifying event. Wash. Rev. Code §13.50.260(1).	Records relating to an acquittal or upon the dismissal of charges with prejudice will be sealed immediately. Wash. Rev. Code §13.50.260(2).	Records relating to the completion of a diversion agreement will be sealed so long as the person has spent two consecutive years in the community and is not subject to any disqualifying event. Wash. Rev. Code § 13.50.260(4)(b).	Records relating to a class B, class C, gross misdemeanor, or misdemeanor offense will be sealed upon motion so long as the person has spent two consecutive years in the community and is not subject to any disqualifying event. Wash. Rev. Code § 13.50.260(4)(b).	Records relating to class A offenses will be sealed so long as the person has spent five consecutive years in the community and is not subject to any disqualifying event. Wash. Rev. Code § 13.50.260(4)(a).	Records relating to a person whose criminal history consists entirely of one diversion agreement or counsel and release entered on or after June 12, 2008, will be destroyed so long as the person is at least 18 years old, at least two years have passed since completion of the agreement or counsel and release, and the person is not subject to a disqualifying event. Wash. Rev. Code § 13.50.270(1).
Ineligible Category or Citation	A record containing an adjudication for aggravated murder and murder cannot be expunged. Utah Code Ann. § 80-6-1004 (4)(a)..	There is no statutory language regarding ineligible offenses.	If the juvenile was found guilty of a delinquent act which would be a felony if committed by an adult, the records will be retained. Va. Code Ann. § 16.1-306(A).	There is no statutory language regarding ineligible offenses.	See Va. Code Ann. § 16.1-306(B).	See Va. Code Ann. § 16.1-306(B).	The person cannot have been convicted of a felony or misdemeanor, and no proceeding can be pending seeking a conviction or adjudication. V.I. Code Ann. tit. 5, § 2531(a)(2).	There is no statutory language regarding ineligible offenses.	The person cannot have been convicted of a felony or misdemeanor, and no proceeding can be pending seeking a conviction or adjudication. V.I. Code Ann. tit. 5, § 2531(a)(2).	See 33 V.S.A. § 5119 for ineligible offenses.	See 33 V.S.A. § 5119 for ineligible offenses.	The person is ineligible for expungement if the person has been convicted of a subsequent felony or misdemeanor during the two-year period, or if such proceedings are pending, or if the person owes restitution. 3 V.S.A. § 163(e).	See 33 V.S.A. § 5119(b).	See 13 V.S.A. § 7609(b).	The following offenses are not eligible for sealing: a most serious offense; a sex offense; or a drug offense. Wash. Rev. Code § 13.50.260(c).	The dismissal of a deferred disposition under RCW 13.40.127 is ineligible.	The diversion matter cannot be sealed if the person: has been subsequently convicted of any offense or crime within the two years prior to filing the petition; has a pending adjudication or adult criminal proceeding; has a pending proceeding seeking the formation of a diversion agreement; has to register as a sex offender and has not been relieved of the duty to register; or has not paid the full amount of restitution owing to the individual victim named in the restitution order, excluding restitution owed to any insurance provider. Wash. Rev. Code § 13.50.260(4)(b).	The offense cannot be sealed if the person: has been subsequently convicted of any offense or crime within the two years prior to filing the petition; has a pending adjudication or adult criminal proceeding; has a pending proceeding seeking the formation of a diversion agreement; has to register as a sex offender and has not been relieved of the duty to register; or has not paid the full amount of restitution owing to the individual victim named in the restitution order, excluding restitution owed to any insurance provider. Wash. Rev. Code § 13.50.260(4)(b).	The class A offense cannot be sealed if the person: was adjudicated or convicted of a subsequent offense in the five years prior to filing the petition; has a pending adjudication or adult criminal proceeding; has a pending proceeding seeking the formation of a diversion agreement; has to register as a sex offender and has not been relieved of the duty to register; has been convicted of rape in the first degree, rape in the second degree, or indecent liberties that was actually committed with forcible compulsion; or has not paid the full amount of restitution owing to the individual victim named in the restitution order, excluding restitution owed to any insurance provider. Wash. Rev. Code § 13.50.260(4)(a).	The matter cannot be destroyed if the person has a pending proceeding seeking conviction of a criminal offense or restitution is still owed in the case. Wash. Rev. Code § 13.50.270(1)(a).
Clearance Process	Petition-based		Automatic	Petition-based	Automatic	Automatic	By petition or court's own motion	By petition or court's own motion	By petition or court's own motion	Automatic	Automatic	Automatic	Petition-based	Automatic	Automatic	Automatic	Petition-based	Petition-based	Petition-based	Automatic
Waiting Periods	A petition can be filed after the person has reached the age of 18 and one year has elapsed from the date of termination of the continuing jurisdiction of the juvenile court or, if the person was committed to a secure youth corrections facility, one year from the date of their unconditional release from the custody of the Division of Juvenile Justice Services. The court can waive the waiting period if the court finds an appropriate reason for the waiver. Utah Code Ann. §§ 78A-6-1105(1)(a), (b).	A petition can be filed after the person has reached age 18 and has completed the conditions of the nonjudicial adjustments. Utah Code Ann. § 78A-6-1105(6)(a).	The petitioner must wait until January 2 (or a date designated by the court) of the year after turning 19, so long as five years have elapsed since the date of the last hearing in the case. Va. Code Ann. § 16.1-306(A), (C).	The petition can be filed at any time.	The petitioner must wait until January 2 (or a date designated by the court) of the year after turning 19, so long as five years have elapsed since the date of the last hearing in the case. Va. Code Ann. § 16.1-306(A), (C).	The records are destroyed when the person has attained the age of 29.	The petition can be filed two years after the person's final discharge from legal custody or supervision, or the entry of any other court order not involving custody or supervision.	There is no statutory language regarding a waiting period.	There is no waiting period.	The person is eligible for automatic sealing if two years have elapsed since the person's final discharge.	The petition can be filed at any time.	The person is eligible for expungement two years after successfully completing diversion.	There is no statutory language regarding a waiting period.	There is no statutory language regarding a waiting period.	At the time of disposition, the court should schedule an administrative sealing hearing after the latest of the following events that apply: the person's 18th birthday; the anticipated completion of the person's probation, if ordered; or the anticipated release from confinement or completion of parole. Wash. Rev. Code § 13.50.260(1)(b).	The court should immediately seal the record upon acquittal or dismissal.	The petition can be filed after the person has been in the community for two consecutive years since the completion of the diversion agreement. Wash. Rev. Code § 13.50.260(4)(b)(i).	The petition can be filed after the person has been in the community for two consecutive years since the date of last release from confinement, including full-time residential treatment, if any, or entry of disposition. Wash. Rev. Code § 13.50.260(4)(b)(i).	The petition can be filed after the person has been in the community for five consecutive years since the last date of release from confinement, including full-time residential treatment, if any, or entry of disposition. Wash. Rev. Code § 13.50.260(4)(a)(i).	The records should be destroyed within 90 days of when both of the following become true: the person is 18 years old or older, and two years have elapsed since the completion of the agreement or counsel and release. Wash. Rev. Code § 13.50.270(1)(a).
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 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 regarding fees.	There is no statutory language regarding fees.	There is no statutory language regarding fees.	There is no statutory language regarding fees.	See 3 V.S.A. § 163(c)(9) for language regarding fees.	There is no statutory language regarding fees.	All fees must be paid unless waived by the court. 13 V.S.A. § 7609(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 regarding fees.	There is no statutory language regarding fees.
Effect	The agency or the official receiving the expungement order described in Subsection (3)(a) shall only expunge all references to the petitioner's name in the records pertaining to the petitioner's juvenile court record. Utah Code Ann. § 80-6-1004(3)(b). The agency or entity receiving the vacatur order shall only vacate all references to the petitioner's name in the records pertaining to the relevant adjudicated juvenile court incident. Utah Code Ann. § 80-6-1004(4)(b). "Expunge" means to seal or otherwise restrict access to the individual's record held by an agency when the record includes a criminal investigation, detention, arrest, or conviction. Utah Code Ann. § 77-40a-101(10).	The agency or the official receiving the expungement order expungement of all of the petitioner's records under the control of the juvenile court, an agency, or an official. Utah Code Ann. § 80-6-1005(3). The agency or the official receiving the expungement order shall expunge only the references to the individual's name in the records relating to the petitioner's nonjudicial adjustment. Utah Code Ann. § 80-6-1005(4)(b). "Expunge" means to seal or otherwise restrict access to the individual's record held by an agency when the record includes a criminal investigation, detention, arrest, or conviction. Utah Code Ann. § 77-40a-101(10).	Upon destruction of the records, the violation of law will be treated as if it never occurred. All files, papers, and records, including electronic records and index references, will be deleted and the court and law enforcement officers and agencies will reply€š and the person can reply€š to any inquiry that no record exists with respect to such person. Va. Code Ann. § 16.1-306(E).	Upon the destruction of the records, the violation of law will be treated as if it never occurred. All files, papers, and records, including electronic records and index references, will be deleted and the court and law-enforcement officers and agencies will reply€š and the person can reply€š to any inquiry that no record exists with respect to such person. Va. Code Ann. § 16.1-306(E).	Upon the destruction of the records, the violation of law will be treated as if it never occurred. All files, papers, and records, including electronic records and index references, will be deleted and the court and law-enforcement officers and agencies will reply€š and the person can reply€š to any inquiry that no record exists with respect to such person. Va. Code Ann. § 16.1-306(E).	Upon the destruction of the records, the violation of law will be treated as if it never occurred. All files, papers, and records, including electronic records and index references, will be deleted and the court and law-enforcement officers and agencies will reply€š and the person can reply€š to any inquiry that no record exists with respect to such person. Va. Code Ann. § 16.1-306(E).	Upon entry of the order, the proceedings in the case will be treated as if they never occurred, and all index references will be deleted, and the court and law enforcement and departments will reply, and the person can reply, to any inquiry that no record exists with respect to such a person. V.I. Code Ann. tit. 5, § 2531(c). Any adjudication of delinquency, person in need of supervision, or conviction of a crime subsequent to sealing and prior to the child becoming an adult will have the effect of nullifying the sealing order. V.I. Code Ann. tit. 5, § 2531(d).	There is no statutory language regarding the effect of expungement.	There is no statutory language regarding the effect of expungement.	The order will seal the files and records of the court, law enforcement, prosecution, and the Department for Children and Families related to the specific court proceeding that is the subject of the sealing. 33 V.S.A. § 5119(d). Upon the court's order to seal the record, the proceedings will be considered never to have occurred, all general index references thereto will be deleted, and the person, the court, and law enforcement officers and departments will reply to any request for information that no record exists with respect to such person upon inquiry in any matter. 33 V.S.A. § 5119(e)(1). Sealed records can be unsealed or viewed in some limited circumstances. 33 V.S.A. § 5119(e)(2), (f)(2)-(6).	The order will seal the files and records of the court, law enforcement, prosecution, and the Department for Children and Families related to the specific court proceeding that is the subject of the sealing. 33 V.S.A. § 5119(d). Upon the court's order to seal the record, the proceedings will be considered never to have occurred, all general index references thereto will be deleted, and the person, the court, and law enforcement officers and departments will reply to any request for information that no record exists with respect to such person upon inquiry in any matter. 33 V.S.A. § 5119(e)(1). Sealed records can be unsealed or viewed in some limited circumstances. 33 V.S.A. § 5119(e)(2), (f)(2)-(6).	The proceedings in the matter shall be considered never to have occurred, all index references shall be deleted, and the participant, the court, and law enforcement officers and departments shall reply to any request for information that no record exists. 3 V.S.A. § 163(f).	The order will seal the files and records of the court, law enforcement, prosecution, and the Department for Children and Families related to the specific court proceeding that is the subject of the sealing. 33 V.S.A. § 5119(d). Upon the court's order to seal the record, the proceedings will be considered never to have occurred, all general index references thereto will be deleted, and the person, the court, and law enforcement officers and departments will reply to any request for information that no record exists with respect to such person upon inquiry in any matter. 33 V.S.A. § 5119(e)(1). Sealed records can be unsealed or viewed in some limited circumstances. 33 V.S.A. § 5119(e)(2), (f)(2)-(6).	The record is expunged; the court, law enforcement officers, agencies, and departments shall reply to any request for information that no record exists with respect to such individual. 13 V.S.A. § 7609(a).	Upon the record being sealed, the proceedings in the case will be treated as if they never occurred, and the subject of the records can reply accordingly to any inquiry about the events. Any agency will reply to any inquiry concerning confidential or sealed records that records are confidential, and no information can be given about the existence or nonexistence of records concerning an individual. Wash. Rev. Code § 13.50.260(6)(a). For information on how a record can be unsealed, see Wash. Rev. Code § 13.50.260(8). For further information on the effect, see Wash. Rev. Code § 13.50.260(6)-(11).	Upon the record being sealed, the proceedings in the case will be treated as if they never occurred, and the subject of the records can reply accordingly to any inquiry about the events. Any agency will reply to any inquiry concerning confidential or sealed records that records are confidential, and no information can be given about the existence or nonexistence of records concerning an individual. Wash. Rev. Code § 13.50.260(6)(a). For information on how a record can be unsealed, see Wash. Rev. Code § 13.50.260(8). For further information on the effect, see Wash. Rev. Code § 13.50.260(6)-(11).	If the petition is granted, the juvenile court record will order the official juvenile court record, the social file, and other records relating to the case as are named in the order sealed. Wash. Rev. Code § 13.50.260(3). Upon the record being sealed, the proceedings in the case will be treated as if they never occurred, and the subject of the records can reply accordingly to any inquiry about the events. Any agency will reply to any inquiry concerning confidential or sealed records that records are confidential, and no information can be given about the existence or nonexistence of records concerning an individual. Wash. Rev. Code § 13.50.260(6)(a). For information on how a record can be unsealed, see Wash. Rev. Code § 13.50.260(8). For further information on the effect, see Wash. Rev. Code § 13.50.260(6)-(11).	If the petition is granted, the juvenile court record will order the official juvenile court record, the social file, and other records relating to the case as are named in the order sealed. Wash. Rev. Code § 13.50.260(3). Upon the record being sealed, the proceedings in the case will be treated as if they never occurred, and the subject of the records can reply accordingly to any inquiry about the events. Any agency will reply to any inquiry concerning confidential or sealed records that records are confidential, and no information can be given about the existence or nonexistence of records concerning an individual. Wash. Rev. Code § 13.50.260(6)(a). For information on how a record can be unsealed, see Wash. Rev. Code § 13.50.260(8). For further information on the effect, see Wash. Rev. Code § 13.50.260(6)-(11).	If the petition is granted, the juvenile court record will order the official juvenile court record, the social file, and other records relating to the case as are named in the order sealed. Wash. Rev. Code § 13.50.260(3). Upon the record being sealed, the proceedings in the case will be treated as if they never occurred, and the subject of the records can reply accordingly to any inquiry about the events. Any agency will reply to any inquiry concerning confidential or sealed records that records are confidential, and no information can be given about the existence or nonexistence of records concerning an individual. Wash. Rev. Code § 13.50.260(6)(a). For information on how a record can be unsealed, see Wash. Rev. Code § 13.50.260(8). For further information on the effect, see Wash. Rev. Code § 13.50.260(6)-(11).	For the specific effect, see Wash. Rev. Code § 13.50.270.
Remedy	Expunge	Expunge	Expunge	Expunge	Expunge	Expunge	Seal	Expunge	Expunge	Seal	Seal	Expunge	Seal	Expunge	Seal	Seal	Seal	Seal	Seal	Delete

The National Reentry Resource Center is operated by the Council of State Governments Justice Center and supported by Grant No. 15PBJA-23-GK-05503-MUMU awarded by the Bureau of Justice Assistance. The Bureau of Justice Assistance is a component of the Office of Justice Programs, which also includes the Bureau of Justice Statistics, the National Institute of Justice, the Office of Juvenile Justice and Delinquency Prevention, the Office for Victims of Crime, and Office of Sex Offender Sentencing, Monitoring, Apprehending, Registering, and Tracking. Points of view or opinions in this document are those of the author and do not necessarily represent the official position or policies of the U.S. Department of Justice.