§ 5038. — Use of juvenile records.
[Laws in effect as of January 7, 2003]
[Document not affected by Public Laws enacted between
January 7, 2003 and December 19, 2003]
[CITE: 18USC5038]
TITLE 18--CRIMES AND CRIMINAL PROCEDURE
PART IV--CORRECTION OF YOUTHFUL OFFENDERS
CHAPTER 403--JUVENILE DELINQUENCY
Sec. 5038. Use of juvenile records
(a) Throughout and upon the completion of the juvenile delinquency
proceeding, the records shall be safeguarded from disclosure to
unauthorized persons. The records shall be released 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;
(5) inquiries from an agency considering the person for a
position immediately and directly affecting the national security;
and
(6) inquiries from any victim of such juvenile delinquency, or
if the victim is deceased from the immediate family of such victim,
related to the final disposition of such juvenile by the court in
accordance with section 5037.
Unless otherwise authorized by this section, information about the
juvenile record may not be released when the request for information is
related to an application for employment, license, bonding, or any civil
right or privilege. Responses to such inquiries shall not be different
from responses made about persons who have never been involved in a
delinquency 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 relating to 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 juvenile records.
(d) Whenever a juvenile is found guilty of committing an act which
if committed by an adult would be a felony that is a crime of violence
or an offense described in section 401 of the Controlled Substances Act
or section 1001(a), 1005, or 1009 of the Controlled Substances Import
and Export Act, such juvenile shall be fingerprinted and photographed.
Except a juvenile described in subsection (f), fingerprints and
photographs of a juvenile who is not prosecuted as an adult shall be
made available only in accordance with the provisions of subsection (a)
of this section. Fingerprints and photographs of a juvenile who is
prosecuted as an adult shall be made available in the manner applicable
to adult defendants.
(e) Unless a juvenile who is taken into custody is prosecuted as an
adult neither the name nor picture of any juvenile shall be made public
in connection with a juvenile delinquency proceeding.
(f) Whenever a juvenile has on two separate occasions been found
guilty of committing an act which if committed by an adult would be a
felony crime of violence or an offense described in section 401 of the
Controlled Substances Act or section 1001(a), 1005, or 1009 of the
Controlled Substances Import and Export Act, or whenever a juvenile has
been found guilty of committing an act after his 13th birthday which if
committed by an adult would be an offense described in the second
sentence of the fourth paragraph of section 5032 of this title, the
court shall transmit to the Federal Bureau of Investigation the
information concerning the adjudications, including name, date of
adjudication, court, offenses, and sentence, along with the notation
that the matters were juvenile adjudications.
(Added Pub. L. 93-415, title V, Sec. 508, Sept. 7, 1974, 88 Stat. 1137;
amended Pub. L. 95-115, Sec. 8(b), Oct. 3, 1977, 91 Stat. 1060; Pub. L.
98-473, title II, Sec. 1202, Oct. 12, 1984, 98 Stat. 2150; Pub. L. 103-
322, title XIV, Sec. 140005, Sept. 13, 1994, 108 Stat. 2032; Pub. L.
104-294, title VI, Sec. 601(f)(16), (o), Oct. 11, 1996, 110 Stat. 3500,
3502.)
References in Text
Section 401 of the Controlled Substances Act, referred to in
subsecs. (d) and (f), is classified to section 841 of Title 21, Food and
Drugs.
Sections 1001(a), 1005, or 1009 of the Controlled Substances Import
and Export Act, referred to in subsecs. (d) and (f), are classified to
sections 951(a), 955, and 959, respectively, of Title 21.
Amendments
1996--Subsec. (d). Pub. L. 104-294, Sec. 601(f)(16), substituted
``section 401 of the Controlled Substances Act or section 1001(a), 1005,
or 1009 of the Controlled Substances Import and Export Act'' for
``section 841, 952(a), 955, or 959 of title 21''.
Subsec. (f). Pub. L. 104-294 substituted ``section 401 of the
Controlled Substances Act or section 1001(a), 1005, or 1009 of the
Controlled Substances Import and Export Act'' for ``section 841, 952(a),
955, or 959 of title 21'', ``juvenile has been found guilty'' for
``juvenille has been found guilty'', and ``the Federal Bureau of
Investigation'' for ``the Federal Bureau of Investigation,
Identification Division,''.
1994--Subsec. (f). Pub. L. 103-322 inserted ``or whenever a
juvenille has been found guilty of committing an act after his 13th
birthday which if committed by an adult would be an offense described in
the second sentence of the fourth paragraph of section 5032 of this
title,'' after ``title 21,''.
1984--Pub. L. 98-473 amended section generally, striking out in
subsec. (a) provisions that, upon completion of any delinquency
proceedings the court shall order the entire record and file to be
sealed, substituting a new subsec. (d) for a former subsec. (d) which
provided that unless a juvenile is prosecuted as an adult neither
fingerprints nor photographs shall be taken without the consent of the
judge and the juveniles name and picture shall not be made available to
any public medium of communication and adding subsecs. (e) and (f).
1977--Subsec. (a)(6). Pub. L. 95-115 added par. (6).
Effective Date of 1977 Amendment
Amendment by Pub. L. 95-115 effective Oct. 1, 1977, see section
263(c) of Pub. L. 93-415, as added by Pub. L. 95-115, set out as a note
under section 5601 of Title 42, The Public Health and Welfare.
