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ACCESS TO INFORMATION IN JUVENILE COURT PROCEEDINGS
LEGAL GUIDE - ACCESS TO ARREST REPORTS OF JUVENILES

When a child is arrested, law enforcement must keep all information about the child and the alleged crime confidential, with limited exceptions

WHAT IS PROTECTED?

When a child is arrested and charged with a crime, the child may be required to submit to the taking of his photograph, physical description and fingerprints.3

Arrest records, including all descriptive information such as fingerprints and photographs, held by state and municipal police department may not be disclosed to the public.4

WHEN POLICE DEPARTMENTS CAN RELEASE INFORMATION ABOUT A MINOR'S ARREST

The name, photograph and custody status of any child arrested for the commission of a capital felony or class A felony may be disclosed to the public.5

When a student is arrested for a felony, a class A misdemeanor or for selling, carrying or brandishing a facsimile firearm, the arresting police agency must notify the school superintendent of the school district in which the student resides or attends of the student’s identity and the offense(s) for which he or she was arrested. The superintendent must keep this information confidential, but may disclose it to the principal of the school the student attends, and the principal may, in turn, disclose the information to special services staff, including psychiatrists, psychologists or social workers for the purpose of assessing the risk posed by the student and for disciplinary reasons.6 If an expulsion hearing is held as a result of the arrest, all information concerning the arrest remains confidential and may not be further disclosed, even if information about the expulsion may be disclosed under the provisions of FERPA. See School Discipline Records.