Page:United States Statutes at Large Volume 88 Part 1.djvu/1181

 88

STAT.]

PUBLIC LAW 93-415-SEPT. 7, 1974

with the consent of the juvenile and his attorney. The agency shall make a complete study of the alleged or adjudicated delinquent to ascertain his personal traits, his capabilities, his background, any previous delinquency or criminal experience, any mental or physical defect, and any other relevant factors. The Attorney General shall submit to the court and the attorneys for the juvenile and the Government the results of the study within thirty days after the commitment of the juvenile, unless the court grants additional time."

1137 study.

J U V E N I L E RECORDS

SEC. 508. Section 5038 is added, to read as follows: "§5038. Use of juvenile records " (a) Throughout the juvenile delinquency proceeding the court shall safeguard the records from disclosure. Upon the completion of any juvenile delinquency proceeding whether or not there is an adjudication the district court shall order the entire file and record of such proceeding sealed. After such sealing, the court shall not release these records except to the extent necessary to meet the following circumstances: " (1) inquiries received from another court of law; "(2) inquiries from an agency preparing a presentence report for another court; " (3) inquiries from law enforcement agencies where the request for information is related to the investigation of a crime or a position within that agency; "(4) inquiries, in writing, from the director of a treatment agency or the director of a facility to which the juvenile has been committed by the court; and " (5) inquiries from an agency considering the person for a position immediately and directly affecting the national security. Unless otherwise authorized by this section, information about the pealed record may not be released wlien the request for information is related to an application for employment, license, bonding, or any civil right or privilege. Kesponses to such inquiries shall not be different from responses made about persons Avho have never been involved in a delinnuency proceeding. " (b) District courts exercising jurisdiction over any juvenile shall inform the juvenile, and his parent or guardian, in writing in clear and nontechnical language, of rights r-elating to the sealing of his juvenile record. "(c) During the course of any juvenile delinquency proceeding, all information and records relating to the proceeding, which are obtained or prepared in the discharge of an official duty by an employee of the court or an employee of any other governmental agency, shall not be disclosed directly or indirectly to anyone other than the judge, counsel for the juvenile and the government, or others entitled under this section to receive sealed records. " (d) Unless a juvenile who is taken into custody is prosecuted as an adult— "(1) neither the fingerprints nor a photograph shall be taken without the written consent of the judge; and "(2) neither the name nor picture of any juvenile shall be made public by any medium of public information in connection with a juvenile delinquency proceeding."

is use 5038.

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