2022 Georgia Code
Title 15 - Courts
Chapter 11 - Juvenile Code
Article 9 - Access to Hearings and Records
§ 15-11-708. Separation of Juvenile and Adult Records for Law Enforcement; Inspection; Limited Fingerprint Access

Universal Citation: GA Code § 15-11-708 (2022)
  1. Law enforcement records and files concerning a child shall be kept separate from the records and files of arrests of adults.
  2. Unless a charge of delinquency is transferred for criminal prosecution, the interest of national security requires, the case is one in which the general public may not be excluded from the hearings, or the court otherwise orders in the best interests of the child, the records and files shall not be open to public inspection nor shall their contents be disclosed to the public.
  3. Inspection of the records and files shall be permitted by:
    1. A juvenile court having a child before it in any proceeding;
    2. The attorney for a party to the proceedings, with the consent of the court;
    3. The officers of public institutions or agencies to whom a child is committed;
    4. Law enforcement officers and prosecuting attorneys of this state, the United States, or any other jurisdiction when necessary for the discharge of their official duties;
    5. A court in which a child is convicted of a criminal offense, for the purpose of a presentence report or other disposition proceeding;
    6. Officials of penal institutions and other penal facilities to which a child is committed; or
    7. A parole board in considering a child’s parole or discharge or in exercising supervision over such child.
  4. The court shall allow authorized representatives of DJJ, the Governor’s Office for Children and Families, the Criminal Justice Coordinating Council, the Administrative Office of the Courts, and the Council of Juvenile Court Judges to inspect and copy law enforcement records for the purpose of obtaining statistics on children. Such data shall be used by the inspecting agency for official purposes and shall not be subject to release by such agency pursuant to Article 4 of Chapter 18 of Title 50, nor subject to subpoena.
  5. Access to fingerprint records submitted to the Georgia Bureau of Investigation shall be limited to the administration of criminal justice purposes.

History. Code 1981, § 15-11-708 , enacted by Ga. L. 2013, p. 294, § 1-1/HB 242; Ga. L. 2015, p. 890, § 5/HB 263.

Cross references.

Juvenile Court records, Uniform Rules for the Juvenile Courts of Georgia, Rules 3.1 — 3.3.

Administrative rules and regulations.

Completeness and accuracy of criminal justice information, Official Compilation of the Rules and Regulations of the State of Georgia, Georgia Crime Information Center Council, Practice and Procedure, Rule 140-2.03.

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