How Confidential Is My Record?

Sealing

  • The record is physically or electronically kept confidential

  • If ever questioned about the record, the court will respond that it does not exist, but with exceptions.

  • The law allows some people or agencies to access sealed records. For example, law enforcement, military, child-serving agencies, and child care agencies

  • Sealing orders must be sent to the FBI, so the arrest record can be sealed (but still accessible by some agencies).


Juvenile Record

  • A juvenile record is created when a young person is arraigned in the juvenile court, for an offense prior to a child’s 18th birthday. Prior to September 2013, the records of 17-year-olds were considered criminal records and will appear on a CORI.

  • Juvenile records are more confidential than criminal records and do not appear on a CORI.

  • As of October 2018, all Youthful Offender (Y.O.) cases originating in juvenile court are not longer reported on a CORI. If you were denied employment or housing in the past due to a Y.O. record, the record will not appear on a new CORI request

  • Who can access a Juvenile Record?

    • Most employers, landlords, banks, hospitals and the general public can not see juvenile records, even if unsealed

    • Camps can see juvenile records of staff and job applicants, but can not see sealed juvenile records

    • police, prosecutors and the courts for “law enforcement purposes” can access all juvenile records, including sealed records

    • Department of Early Education and Care (EEC) can see juvenile records of staff and job applicants to child care and other child-serving agencies, including sealed records

    • Department of Children and Families (DCF) can see juvenile records of staff and volunteers and can see juvenile records of all members of a foster and adoptive families who are 15 years or older, even if sealed.

Expungement

  • The record is completely destroyed from the court files

  • If ever questioned about the record, the court will respond that it does not exist.

  • No one can access the record, even agencies that can access sealed records

  • Expungement orders must be sent to the FBI, so the arrest record can be expunged.

Criminal Record (adult/CORI)

  • A criminal record is created when an individual is arraigned in district or superior court. The records of children who are indicted in Superior Court will be treated as a criminal record and will appear on a CORI.

  • All employers, landlords and the general public can have access to a criminal record of an open cases, and all misdemeanor convictions (less than 3 years) or felony convictions (less than 7 years)

  • Some employers can access all convictions and non-convictions, even those older than 3 or 7 years old.

  • Agencies working with children and elderly persons, law enforcement and camps can access all criminal records, even if they did not end in a conviction and even if they are sealed.