Juvenile Court Records

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General rule: accessible to juvenile & parent

Records of Minnesota juvenile court delinquency actions are accessible to the minor “Respondent,” and their parents or guardians. But in general, few outside of the court and law enforcement systems may see “traditional juvenile court” records. So those without statutory access need a court Order. However, the law does make limited exceptions.

Exceptions to limited access to juvenile records

• “Victim” may get name & age of juvenile, act, offense date, case disposition. Minn. Stat. §260B.171, subd. 4
• County attorney may give law enforcement summary of court disposition. Minn. Stat. §260B.171, subd. 4
• School access to court disposition orders in some cases. Minn. Stat. §260B.171, subd. 3
• Law enforcement agencies & prosecutors see records of adjudications, transcripts & delinquency petitions, Minn. Stat. §260B.171, subd. 1. “Criminal justice agencies” can see them. Minn. Stat. § 299C.095, subd. 1(a).
• Minnesota Bureau of Criminal Apprehension can:

“disseminate a juvenile adjudication history record in connection with a background check required by statute or rule and performed on a licensee, license applicant, or employment applicant or performed under section 299C.62 or 624.713. … A consent for release of information from an individual who is the subject of a juvenile adjudication history is not effective … Data maintained under section 243.166 [Registration of Predatory Offenders], released in conjunction with a background check, regardless of the age of the offender at the time of the offense is lawful.”

Minn. Stat. § 299C.095, subd. 1(b)

• Certain Minnesota statutes require or permit access to a juvenile “adjudication” history as a condition to employment in specific occupations.
• Examples include licensing by the Minnesota Dept. of Human Services. And in those situations, the BCA has authority to release juvenile records. Minn. Stat. §299C.095, subd. 1(b).
• Court gives data to the BCA about juvenile Petitions (even if no adjudication); but only for felony or gross misd. charges. Minn. Stat. §260B.171, subd. 2.

General Rule: Juvenile proceedings closed to public

The juvenile court’s Delinquency proceedings are generally closed to the public.

Exceptions: proceedings public

Exceptions are:

1. hearings & court records involving kids 16 and older are public, if felony charge;
2. would-be “victim” may attend proceedings. But court can exclude. Minn. Stat. § 260B.163, subds. 1, 3

Minnesota BCA & Juvenile Records

The Minnesota Bureau of Criminal Apprehension retains juvenile history data on a child until the child reaches age 28, when:

1. judge “continued a delinquency petition without adjudication,” or
2. court found child to have committed a felony or gross misdemeanor.

But, if the offender commits a felony between ages 18 – 28; then the BCA retains juvenile data for as long as it would have; had the offender been an adult. Minn. Stat. §299C.095, subd. 2

Sex Offender Registration for Juveniles

Or, now broadened and labeled “predatory offender” registration. Most of the important provisions are at Minnesota Statutes §243.166. If charged with most sex crimes and later convicted of any crime (no matter how trivial) arising out of the same set of circumstances, including a non-listed crime; then the convicted person must register, under this statute. This is required by the law, even if found not-guilty at trial.)

Failure to register is a crime – see Minnesota Statutes §243.166, subd. 5. And the registration period is at least ten years; but can be longer – see Minnesota Statutes §243.166, subd. 6. Even juveniles must register – no matter how young (e.g., age 10). And Juvenile records can become public this way as well.

Need a private Juvenile Attorney?

Keeping your juvenile court record clean is important. But you can protect your future. Most Minnesota juvenile courts will appoint a Public Defender. And Public Defenders are heroes of the criminal defense world, though burdened with a heavy caseload.

Not everyone will be able to hire a private juvenile attorney to defend their child in juvenile court. But information is power. So you need to know about juvenile records. And you need to know before it’s too late.

Question? Call Attorney Thomas Gallagher, 612 333-1500. Prevent a juvenile record. Get help from an expert defense attorney. He welcomes your call.

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