§ 7B-2102. Fingerprinting and photographing juveniles. - North Carolina Statutes

§ 7B‑2102. Fingerprinting and photographing juveniles.

(a)        A law enforcementofficer or agency shall fingerprint and photograph a juvenile who was 10 yearsof age or older at the time the juvenile allegedly committed a nondivertibleoffense as set forth in G.S. 7B‑1701, when a complaint has been preparedfor filing as a petition and the juvenile is in physical custody of lawenforcement or the Department.

(a1)      A county juveniledetention facility shall photograph a juvenile who has been committed to that facility.The county detention facility shall release any photograph it makes or receivespursuant to this section to the Department, upon the Department's request. Theduty of confidentiality in subsection (d) of this section applies to theDepartment, except as provided in G.S. 7B‑3102.

(b)        If a lawenforcement officer or agency does not take the fingerprints or a photograph ofthe juvenile pursuant to subsection (a) of this section or the fingerprints orphotograph have been destroyed pursuant to subsection (e) of this section, alaw enforcement officer or agency shall fingerprint and photograph a juvenilewho has been adjudicated delinquent if the juvenile was 10 years of age orolder at the time the juvenile committed an offense that would be a felony ifcommitted by an adult.

(c)        A law enforcementofficer, facility, or agency who fingerprints or photographs a juvenilepursuant to this section shall do so in a proper format for transfer to theState Bureau of Investigation and the Federal Bureau of Investigation. Afterthe juvenile, who was 10 years of age or older at the time of the offense, isadjudicated delinquent of an offense that would be a felony if committed by anadult, fingerprints obtained pursuant to this section shall be transferred tothe State Bureau of Investigation and placed in the Automated FingerprintIdentification System (AFIS) to be used for all investigative and comparisonpurposes. Photographs obtained pursuant to this section shall be placed in aformat approved by the State Bureau of Investigation and may be used for allinvestigative or comparison purposes. The State Bureau of Investigation shallrelease any photograph it receives pursuant to this section to the Department,upon the Department's request. The duty of confidentiality in subsection (d) ofthis section applies to the Department, except as provided in G.S. 7B‑3102.

(d)        Fingerprints andphotographs taken pursuant to this section are not public records under Chapter132 of the General Statutes, shall not be included in the clerk's recordpursuant to G.S. 7B‑3000, shall be withheld from public inspection orexamination, and shall not be eligible for expunction pursuant to G.S. 7B‑3200.Fingerprints and photographs taken pursuant to this section shall be maintainedseparately from any juvenile record, other than the electronic file maintainedby the State Bureau of Investigation.

(d1)      Repealed by SessionLaws 2007‑458, s. 1, effective October 1, 2007.

(e)        If a juvenile isfingerprinted and photographed pursuant to subsection (a) of this section, thecustodian of records shall destroy all fingerprints and photographs at theearlier of the following:

(1)        The juvenile courtcounselor or prosecutor does not file a petition against the juvenile withinone year of fingerprinting and photographing the juvenile pursuant tosubsection (a) of this section;

(2)        The court does notfind probable cause pursuant to G.S. 7B‑2202; or

(3)        The juvenile is notadjudicated delinquent of any offense that would be a felony or a misdemeanorif committed by an adult.

The chief court counselor shallnotify the local custodian of records, and the local custodian of records shallnotify any other record‑holding agencies, when a decision is made not tofile a petition, the court does not find probable cause, or the court does notadjudicate the juvenile delinquent. (1996, 2nd Ex. Sess., c. 18, s. 23.2(a); 1998‑202,s. 6; 2000‑137, s. 3; 2001‑490, s. 2.16; 2003‑297, s. 2; 2007‑458,ss. 1, 3(a), (b).)