State-by-state guide:

West Virginia

W. Va. Code § 49-5-17 (1999): In general, juvenile records are closed to the public. However, if the juvenile was charged with an offense which would be a felony if the juvenile were an adult and the offense involves violence against another person, possession of a dangerous weapon, possession or delivery of a controlled substance, the records may be open to the public. Furthermore, if a juvenile is 14 years of age or older and a court has determined there is a probable cause to believe the juvenile committed murder or other violent crimes, the records shall be open to public inspection pending trial only if the juvenile is released on bond and no longer detained or adjudicated delinquent of the offense. Any person who willfully violates this section shall be guilty of a misdemeanor.

W. Va. Code 49-5-2(i) (1999): The public shall be excluded from juvenile proceedings, except persons that the parties request or those that the court finds have a legitimate interest in the case may be
admitted.

Exclusion of public upheld: The Supreme Court of Appeals of West Virginia upheld a juvenile defendant’s sentence where the juvenile failed to show how exclusion of the public from his sentencing proceeding infringed upon his rights. The court noted that the juvenile failed to seek public access during the delinquency proceeding. State v. Eddie "Tosh" K., 460 S.E.2d 489 (W. Va. 1995).

Publication is valid: The First Amendment is violated when the state attempts to punish the truthful publication of an alleged juvenile delinquent’s name lawfully obtained by a newspaper. The state interest in protecting the anonymity of the juvenile offender to further rehabilitation does not justify imposing criminal sanctions for publication. Smith v. Daily Mail, 443 U.S. 97 (1979).

Disclosure allowed: A newspaper may publish information about the evaluation, diagnosis and treatment of a minor convicted as an adult for one count of first degree sexual assault. State ex rel Register-Herald v. Cantebury, 449 S.E.2d 272 (W. Va. 1994).

Confidentiality interest: The West Virginia Code, stating that court and agency records concerning juveniles shall be kept confidential and shall not be released, shows that the Legislature has deemed confidentiality vital. However, police reports are public records under FOIA, and they should be released with names of juveniles redacted. Ogden Newspapers, Inc. v. Williamston, 453 S.E.2d 631 (W. Va. 1994).

Access denied: The Supreme Court of Appeals for West Virginia held that the trial court did not abuse its discretion in denying a party’s motion in limine seeking to disclose juvenile records. Laney v. State Farm Mut. Auto. Ins. Co., 479 S.E.2d 902 (W. Va. 1996).

Confidentiality addressed: According to the Supreme Court of Appeals of West Virginia, "sensitivity to the importance of guarding the confidentiality of juvenile records is not only laudable but also required by law." The Court noted, "Unlike published opinions or orders, juvenile records are confidential, are not public, and are available upon request only as authorized by statute." The Court found that alterations made in juvenile files are "plainly unnecessary" because of the confidentiality statutes. State ex rel. Barbara A. Core v. Merrifield, 502 S.E.2d 197 (W. Va. 1998).