Sealing and Destruction of Records

(a)All government records concerning proceedings under § 5103(a) shall be sealed upon the juvenile's attaining 18 years of age, or upon attaining 21 years of age in the case of any person over whom jurisdiction is retained pursuant to § 5105(b). Any person whose record has been sealed pursuant to this Section may answer in the negative any question concerning such proceedings on any official form or document or upon any application for public or private employment.

(b)Sealed records may only be divulged to the juvenile, a court for the purpose of sentencing or to the court as otherwise provided by law, or to law enforcement agencies in the performance of their duties. This Subsection applies to incident reports in the custody of law enforcement agencies.

(c)Ten years after the filing of any juvenile proceedings pursuant to § 5103(a), all government records concerning such proceedings shall be destroyed. This Subsection shall not apply to incident reports in the custody of any law enforcement agency. This Subsection does not apply to statistical data which does not identify and is not likely to identify, the juvenile concerned. This Subsection shall not apply to any records kept with respect to COL11/29/2022 CH. 5 FAMILY COURT ACT proceedings granting permanent custody of a child to one not his parents, nor to proceedings terminating parental rights.

(d)It shall be unlawful for any person knowingly to require, or to inquire into, as a condition of employment, continued employment, or promotion, any information with respect to whether or not any person has been the subject of juvenile proceedings under § 5103(a). Acts done contrary to this Subsection shall be a violation.