Sec. 4. (a) Upon written request of the child or the child’s parent, guardian, or custodian, a law enforcement agency shall destroy or deliver to the child any of the child’s fingerprints or photographs taken under section 1 of this chapter that are within that agency’s possession if:

(1) the child was taken into custody and no petition was filed against the child;

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Terms Used In Indiana Code 31-39-5-4

  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
  • Probable cause: A reasonable ground for belief that the offender violated a specific law.
(2) the petition was dismissed because of mistaken identity;

(3) the petition was dismissed because no delinquent act was actually committed; or

(4) the petition was dismissed for lack of probable cause.

     (b) If the child has a record of prior arrests or if another charge is pending against the child, the law enforcement agency does not have to destroy the child’s fingerprints or photographs.

[Pre-1997 Recodification Citation: 31-6-8-1.5(d), (e) part.]

As added by P.L.1-1997, SEC.22.

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