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- Group: Juvenile
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| Mississippi | Montana | Montana | Montana | Montana | North Carolina | North Carolina | North Carolina | North Dakota | North Dakota | Nebraska | Nebraska | Nebraska | Nebraska | Nebraska | New Hampshire | New Hampshire | New Jersey | New Jersey | New Jersey | |
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| Clearance policy overview | Records relating to any youth court matters can be destroyed. Miss. Code Ann. § 43-21-265. | Records of a juvenile adjudication must be physically sealed on the youth's 18th birthday, so long as the person is not subject to a disqualifying event. Mont. Code Ann. § 41-5-216(1). | Records of a juvenile adjudication in which the jurisdiction of the court or any agency is extended beyond the youth's 18th birthday must be physically sealed upon the termination of the extended jurisdiction, so long as the person is not subject to a disqualifying event. Mont. Code Ann. § 41-5-216(1). | Informal youth court records for a youth that was involved only in informal proceedings, must be destroyed on the youth's 18th birthday. Mont. Code Ann. § 41-5-216(7)(c). | Informal youth court records for a youth that was involved only in informal proceedings and had been placed on extended supervision, must be destroyed when the extended supervision ends. Mont. Code Ann. § 41-5-216(7)(c). | Records relating to any misdemeanor or Class H or I felonies committed prior to December 1, 2019, and while the person was less than 18 years of age, but at least 16 years of age, may be expunged by the court after completion of sentence and restitution. N.C. Gen. Stat. § 15A-145.8A(a). | Records relating to a juvenile petition that the court dismissed without an adjudication can be expunged by the court once the juvenile reaches age 16. N.C. Gen. Stat. § 7B-3200(h). | A record relating to an adjudication can be expunged by the court once the juvenile reaches age 18. N.C. Gen. Stat. §7B-3200(b). | A record relating to a delinquency proceeding can be destroyed at any time if the court finds good cause. N.D.R.Juv.P. 19. | Records relating to a delinquency adjudication are not generally open to the public. North Dakota Rules of Juvenile Procedure, Rule 19, N.D. Code Ann. 27-20.2-23. | A record relating to a delinquency matter where charges were filed but later dismissed must be sealed immediately upon notice of the dismissal. Neb. Rev. Stat. § 43-2,108.03(3), (4). | A delinquency adjudication that resulted from being a victim of human trafficking may be vacated, and the related records sealed, immediately. Neb. Rev. Stat. §§ 29-3005, 29-3523. | Records relating to a delinquency adjudication are sealed after the child has successfully completed juvenile probation, supervision, or other treatment or rehabilitation program, or a county court probation or sentence. Neb. Rev. Stat. § 43-2,108.03(4). | Records relating to a delinquency case that were not automatically sealed can be sealed by the court once the person reaches the age of majority or six months have passed since the case was closed. Neb. Rev. Stat. § 43-2,108.03(6). | A record relating to a juvenile arrest but where charges were not filed, including where the juvenile satisfactorily completed diversion or mediation, must be sealed immediately. Neb. Rev. Stat. § 43-2,108.03. | Records relating to juvenile offenses are confidential and may only be available to court personnel, the prosecutor, the juvenile, and his or her attorney. All juvenile records are automatically closed and placed in an inactive file when the person turns turn 21. N.H. Rev. Stat. § 169-B:35. | A record relating to a criminal offense which occurred between May 14, 2014 and July 1, 2015, while the person was 17 years of age, can be annulled at any time. N.H. Rev. Stat. § 651:5-a. | Records relating to a delinquency matter that was dismissed following a program of supervisory treatment, conditional discharge, or conditional dismissal can be expunged six months after dismissal, so long as the person is not subject to a disqualifying event. N.J. Stat. Ann. § 2C:52-6. | Records relating to a juvenile delinquency complaint may be vacated and sealed upon petition, so long as two years have elapsed since final discharge from custody or supervision, or since the entry of any other court order not involving custody or supervision, and the person is not subject to a disqualifying event. N.J. Stat. Ann. § 2A:4A-62(a). | A juvenile conviction for a marijuana related offense that occurred prior to February 22, 2021, will be expunged on the first day of the fifth month following that date. N.J. Stat. § 2C:52-6.1. |
| Ineligible Category or Citation | Except when juvenile criminal history information has been sealed by order of the court, records of sex offenses cannot be destroyed, expunged, purged, or sealed. Miss. Code Ann. § 45-33-55. | The following cannot be sealed: (1) youth traffic records, (2) records in any case in which the youth did not fulfill all requirements of the court's judgment or disposition, and (3) information pertaining to a youth that was required to register as a sexual offender. For a complete list of records excluded from sealing, see Mont. Code Ann. § 41-5-216(4). | Youth traffic records, records in any case in which the youth did not fulfill all requirements of the court's judgment or disposition, and information pertaining to a youth that was required to register as a sexual offender are ineligible for sealing. For a complete list of records excluded from sealing, see Mont. Code Ann. § 41-5-216(4) | There is no statutory language regarding ineligible offenses. | There is no statutory language regarding ineligible offenses. | Ineligible offenses include Chapter 20 of the General Statutes, including any offense involving impaired driving as defined in G.S. 20-4.01(24a) or (ii) an offense requiring registration pursuant to Article 27A of Chapter 14 of the General Statutes, whether or not the person is currently required to register. N.C. Gen. Stat. § 15A-145.8A. | There is no statutory language regarding ineligible offenses. | The offense cannot have been a Class A, B1, B2, C, D, or E felony if committed by an adult. N.C. Gen. Stat. § 7B-3200(b)(1). | Records of an alleged sex offense or sexual performance by children must be retained for 25 years. N.D. Cent. Code § 25-03.3-04. To be eligible for destruction under this section, the person cannot have any criminal charges pending before any other court. | All juvenile case files and court records relating to certain alleged offenses are not eligible under this section and must be retained for 25 years. N.D. Cent. Code § 25-03.3-04. | To be eligible for automatic sealing, any required pretrial diversion or mediation for any related charges must have been completed and no related charges remain under the jurisdiction of the court. Neb. Rev. Stat. § 43-2,108.03(3). | There are no ineligible offenses. | There is no statutory language on ineligibility. | There is no statutory language on ineligibility. | There is no statutory language regarding ineligible offenses. | There is no statutory language regarding ineligible offenses. | This section shall not apply to any offenses which may continue to be prosecuted as an adult criminal offense after July 1, 2015, against persons who have not yet reached 18 years of age. N.H. Rev. Stat. § 651:5 (V). | The provisions of N.J.S.2C:52-7 through N.J.S.2C:52-14 shall not apply to an expungement pursuant to this subsection. An expungement under this subsection shall not be ordered where the dismissal, acquittal, or discharge resulted from a plea bargaining agreement involving the conviction of other charges. N.J. Stat. § 2C:52-6(a)(2)-(3). | A person is ineligible for sealing under this provision if the person has been convicted of a crime, or a disorderly persons offense or adjudged delinquent, during the two years prior to the filing of the motion, or if a proceeding or complaint is pending seeking such conviction or adjudication. N.J. Stat. Ann. § 2A:4A-62(a). | Only the offenses listed in N.J. Stat. § 2C:52-6.1 are eligible for relief. Convictions occurring or pending in court before Feburary 22, 2021, are ineligible to be vacated. |
| Clearance Process | By petition or court's own motion | Automatic | Automatic | Automatic | Automatic | Petition-based | Petition-based | Varies | Petition-based | Automatic | Automatic | Petition-based | Automatic | Petition-based | Automatic | Automatic | Petition-based | By petition or court's own motion | By petition or court's own motion | Automatic |
| Waiting Periods | There is no statutory language regarding a waiting period. | The record will be sealed on the youth's 18th birthday. Mont. Code Ann. § 41-5-216(1). | The record will be sealed upon termination of extended jurisdiction. Mont. Code Ann. § 41-5-216(1). | The record will be destroyed on the youth's 18th birthday. Mont. Code Ann. § 41-5-216(1). | The record will be destroyed when the extended supervision ends. Mont. Code Ann. § 41-5-216(7)(c). | There is no waiting period. | The petition can be filed upon the juvenile attaining age 16. N.C. Gen. Stat. § 7B-3200(h). | The person must be 18 years old and at least 18 months must have elapsed since the person was released from juvenile court jurisdiction. N.C. Gen. Stat. § 7B-3200(b)(2). The petition can be filed upon the person turning 18 years old, if at least 18 months have elapsed since release from juvenile court jurisdiction. N.C. Gen. Stat. § 7B-3200(b)(2). | A petition can be filed at any time. | There is no statutory language regarding a waiting period. | The records should be sealed immediately upon notice of the dismissal of the charges. | There is no waiting period. | There is no waiting period. | The petition can be filed once the person reaches the age of majority or six months after the case is closed, whichever is sooner. | The records should be sealed immediately upon notice of the decision not to file charges, including after the satisfactory completion of diversion or mediation. | There is no waiting period. | There is no statutory language regarding waiting periods. | The petition can be filed six months after the entry of the order of dismissal. | A petition can be filed when two years have passed since discharge from custody or supervision or since the entry of any other court order not involving custody or supervision. | There is no waiting period. |
| 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. | The $175 filing fee is waivable if petitioner is indigent. N.C. Gen. Stat. § 15A-145.8A(g) | 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. | There is no statutory language on fees. | There is no statutory language on fees. | There is no statutory language regarding fees. | There is no statutory language regarding fees. | There shall be no filing fees. N.H. Rev. Stat. § 651:5-a. | Payment of fees is not required. N.J. Stat. § 2C:52-29. | Payment of fees is not required. N.J. Stat. § 2C:52-29. | No statutory language regarding fees. | |
| Effect | "Destruction" means the physical destruction by means specified by the youth court. Medical and mental health examination records are exempt from destruction. Miss. Code Ann. § 43-21-265. | Formal and informal youth court records, law enforcement records, and department records are subject to sealing. Mont. Code Ann. § 41-5-216(1). A sealed record must be made unavailable for access by any person unless upon court order. Mont. Code Ann. § 41-5-220. | Formal and informal youth court records, law enforcement records, and department records are subject to sealing. Mont. Code Ann. § 41-5-216(1). A sealed record must be made unavailable for access by any person unless upon court order. Mont. Code Ann. § 41-5-220. | Informal youth court records that are in hard-copy form must be destroyed, and any electronic records in the youth court management information system must disassociate the offense and disposition information from the name of the youth. Mont. Code Ann. § 41-5-216(7)(c). A destroyed record must be rendered inaccessible and unrecoverable and disposed of in a manner in which confidentiality is protected, which can include disassociating the offense and disposition information from the name of the youth. Mont. Code Ann. § 41-5-220. | Informal youth court records that are in hard-copy form must be destroyed, and any electronic records in the youth court management information system must disassociate the offense and disposition information from the name of the youth. Mont. Code Ann. § 41-5-216(7)(c). A destroyed record must be rendered inaccessible and unrecoverable and disposed of in a manner in which confidentiality is protected, which can include disassociating the offense and disposition information from the name of the youth. Mont. Code Ann. § 41-5-220. | The court shall order that the person be restored to the status the person occupied before such arrest or indictment or information, and that the record be expunged from the records of the court. A person convicted of multiple offenses shall be eligible to have those convictions expunged pursuant to this section. N.C. Gen. Stat. § 15A-145.8A(d). | The court shall order the clerk and the appropriate law enforcement agencies to expunge their records of the allegations of delinquent or undisciplined acts including all references to arrests, complaints, referrals, juvenile petitions, and orders. The clerk shall forward a certified copy of the order of expunction to the sheriff, chief of police, or other appropriate law enforcement agency, and to the chief court counselor, and these specified officials shall immediately destroy all records relating to the allegations that the juvenile was delinquent or undisciplined. N.C. Gen. Stat. § 7B-3200(h). | The court shall order the clerk and the appropriate law enforcement agencies to expunge their records of the allegations of delinquent or undisciplined acts including all references to arrests, complaints, referrals, juvenile petitions, and orders. The clerk shall forward a certified copy of the order of expunction to the sheriff, chief of police, or other appropriate law enforcement agency, and to the chief court counselor, and these specified officials shall immediately destroy all records relating to the allegations that the juvenile was delinquent or undisciplined. N.C. Gen. Stat. § 7B-3200(h). | Upon the final destruction of a file or record, the proceeding must be treated as if it never occurred. N.D. Cent. Code § 27-20.2-25(2). Upon an inquiry in any matter, the child, the court, and representatives of agencies, except the attorney general and the directors of the Department of Transportation, the Department of Human Services, the Department of Corrections and Rehabilitation, law enforcement agencies, and county social service agencies, will properly reply that no record exists with respect to the child. N.D. Cent. Code § 27-20.2-25(2). For further details on the effect, see N.D. Cent. Code § 27-20.2-25(2). | Upon an inquiry in any matter, the child, the court, and representatives of agencies, except the attorney general and the directors of the Department of Transportation, the Department of Human Services, the Department of Corrections and Rehabilitation, law enforcement agencies, and county social service agencies, will properly reply that no record exists with respect to the child. N.D. Cent. Code § 27-20-23. | Upon the charges being dismissed, the county or city attorney will notify the government agency and court, who will then immediately seal all the records housed at that government agency and court pertaining to the citation, arrest, record of custody, complaint, disposition, diversion, or mediation. Neb. Rev. Stat. § 43-2,108.03(4). After the record is sealed, the person whose record was sealed can respond to any public inquiry as if the events resulting in such record never occurred. Neb. Rev. Stat. § 43-2,108.05(2). | The order shall seal all records, including any information or other data concerning any proceedings relating to the offense, including the arrest, taking into custody, petition, complaint, trial, hearing, adjudication, correctional supervision, dismissal, or other disposition or sentence, be deemed never to have occurred. Neb. Rev. Stat. § 43-2,108.05(1). After a record is sealed, the person whose record was sealed can respond to any public inquiry as if the offense resulting in such record never occurred. A government agency and any other public office or agency shall reply to any public inquiry that no information exists regarding a sealed record. Neb. Rev. Stat. § 43-2,108.05(2). | The order shall seal all records, including any information or other data concerning any proceedings relating to the offense, including the arrest, taking into custody, petition, complaint, trial, hearing, adjudication, correctional supervision, dismissal, or other disposition or sentence, be deemed never to have occurred. After a record is sealed, the person whose record was sealed can respond to any public inquiry as if the offense resulting in such record never occurred. A government agency and any other public office or agency shall reply to any public inquiry that no information exists regarding a sealed record. Neb. Rev. Stat. § 43-2,108.05(2). | The order shall seal all records, including any information or other data concerning any proceedings relating to the offense, including the arrest, taking into custody, petition, complaint, trial, hearing, adjudication, correctional supervision, dismissal, or other disposition or sentence, be deemed never to have occurred. After a record is sealed, the person whose record was sealed can respond to any public inquiry as if the offense resulting in such record never occurred. A government agency and any other public office or agency shall reply to any public inquiry that no information exists regarding a sealed record. Neb. Rev. Stat. § 43-2,108.05(2). | Upon the decision not to file charges, the county or city attorney will notify the government agency, who will then immediately seal all records housed at that government agency pertaining to the citation, arrest, record of custody, diversion, or mediation. Neb. Rev. Stat. § 43-2,108.03(4). After the record is sealed, the person whose record was sealed can respond to any public inquiry as if the events resulting in such record never occurred. Neb. Rev. Stat. § 43-2,108.05(2). | Records are confidential and may only be disseminated as specified in N.H. Rev. Stat. § 169-B:35. | The person is treated as if they have never been arrested, convicted, or sentenced, with exceptions for criminal justice uses. The court records are sealed and, upon payment, the police criminal records are removed. On applications for employment, a person can be questioned about non-annulled records. N.H. Rev. Stat. § 651:5 (X). | The court shall forward a copy of the expungement order to the county prosecutor. The county prosecutor shall promptly distribute copies of the expungement order to appropriate law enforcement agencies and correctional institutions who have custody and control of the records specified in the order so that they may comply with the requirements of N.J.S.2C:52-15. N.J. Stat. § 2C:52-6(a)(4). Records are not released or utilized other than for specified purposes.The arrest and proceedings are deemed not to have occurred, and the person can answer accordingly, except in the circumstances specified in section 2C:52-27. | Upon the entry of the order, the proceedings in the case will be sealed and all index references will be marked "not available" or "no record." Law enforcement officers and departments will reply, and the person can reply, to any inquiry that there is no record with respect to such person, except that records can be maintained for purposes of prior offender status, identification, and law enforcement. N.J. Stat. Ann. § 2A:4A-62(d). Any adjudication of delinquency or conviction of a crime subsequent to sealing will nullify the sealing order. N.J. Stat. Ann. § 2A:4A-62(e). | Expungement means the extraction and isolation of all records on file within any court, detention or correctional facility, or law enforcement or criminal justice agency concerning a person's detection, apprehension, arrest, detention, trial, or disposition of an offense within the criminal justice system. N.J. Stat. Ann. § 2C:52-1. If an order of expungement is granted, the arrest, conviction, and any related proceedings will be deemed not to have occurred, and the petitioner can answer any questions relating to their occurrence accordingly except in the circumstances specified in section 2C:52-27. |
| Remedy | Delete | Seal | Seal | Delete | Delete | Expunge | Expunge | Expunge | Delete | Shield | Seal | Vacate | Seal | Seal | Seal | Seal | Annul | Expunge | Seal | Expunge |
