A. Juvenile Records are Automatically Sealed
Court records from juvenile delinquency proceedings are automatically sealed. N.J.S.A. 2A:4A-60(a), Rule 1:38-3(d)(5). However, access to sealed records pertaining to juveniles charged as a delinquent can be obtained by certain individuals and agencies under N.J.S.A. 2A:4A-60(a), and disclosure is required when the juvenile is adjudicated delinquent of certain “serious” crimes as set forth in N.J.S.A. 2A:4A-60(f). Applications for disclosure, and resistance to disclosure of juvenile records, must be made by motion. Rule 5:19-2(b).
B. Individuals and Agencies Entitled to Access Records of Juveniles Charged as a Delinquent
N.J.S.A. 2A:4A-60(a) provides that “social, medical, psychological, legal and other records of the court and probation division, and records of law enforcement agencies, pertaining to juveniles charged as a delinquent or found to be part of a juvenile-family crisis, shall be strictly safeguarded from public inspection.” Such records shall be made available only to certain agencies and individuals, including the court, probation division, prosecutor, attorney general, law enforcement, and the parents of the juvenile, among others.
C. Required Disclosure of Records of Juveniles Adjudicated Delinquent
In contrast, when a juvenile is adjudicated delinquent of certain “serious” crimes, disclosure is required under N.J.S.A. 2A:4A-60(f), unless the juvenile demonstrates a substantial likelihood that specific and extraordinary harm would result from such disclosure in the specific case, as follows:
Information as to the identity of a juvenile adjudicated delinquent, the offense, the adjudication and the disposition shall be disclosed to the public where the offense for which the juvenile has been adjudicated delinquent if committed by an adult, would constitute a crime of the first, second or third degree, or aggravated assault, destruction or damage to property to an extent of more than $500.00, unless upon application at the time of disposition the juvenile demonstrates a substantial likelihood that specific and extraordinary harm would result from such disclosure in the specific case. Where the court finds that disclosure would be harmful to the juvenile, the reasons therefor shall be stated on the record.
Public disclosure is mandated under this section. To prevent public disclosure under N.J.S.A. 2A:4A-60(f), the juvenile must demonstrate a substantial likelihood that specific and extraordinary harm would result from such disclosure in the specific case. Recently the Appellate Division in State in the Int. of M.P., 479 N.J. Super. 492, 497 (App. Div. 2025), found that the harm generated from exposing the juvenile’s name widely over the internet did not satisfy that standard.
D. Penalties for the unauthorized use of information
Unauthorized use of the sealed juvenile information constitutes a disorderly persons offense and is subject to punishment under N.J.S.A. 2A:4A-60(h).
E. Sealing and Expunging Juvenile Records
Under N.J.S.A. 2A:4A-62(a), on motion, a court may seal the records of a juvenile, and order the nondisclosure of social, medical, psychological, legal and other records of the court and probation services, and records of law enforcement agencies if it finds: 1) two years have elapsed since the final discharge of the person from legal custody or supervision, or two years have elapsed after the entry of any other court order not involving custody or supervision; and 2) he has not been convicted of a crime, or a disorderly persons offense or adjudged delinquent, during the two years prior to the filing of the motion, and no proceeding or complaint is pending seeking such conviction or adjudication. Juvenile records can also be sealed if the juvenile enters the military. N.J.S.A. 2A:4A-62(b).
Juvenile record can be expunged under N.J.S.A. 2C:52-4.1.
G. Conclusion
Court records from juvenile delinquency proceedings are automatically sealed. However, access to those sealed records pertaining to juveniles charged as a delinquent can be obtained by certain individuals and agencies pursuant to N.J.S.A. 2A:4A-60(a), and significantly, disclosure is required when the juvenile is adjudicated delinquent of certain “serious” crimes under N.J.S.A. 2A:4A-60(f).
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