16.1-299 - Fingerprints and photographs of juveniles. - Virginia Statutes

§ 16.1-299. Fingerprints and photographs of juveniles.

A. All duly constituted police authorities having the power of arrest shalltake fingerprints and photographs of any juvenile who is taken into custodyand charged with a delinquent act an arrest for which, if committed by anadult, is required to be reported to the Central Criminal Records Exchangepursuant to subsection A of § 19.2-390. Whenever fingerprints are taken, theyshall be maintained separately from adult records and a copy shall be filedwith the juvenile court on forms provided by the Central Criminal RecordsExchange.

B. If a juvenile of any age (i) is convicted of a felony, (ii) is adjudicateddelinquent of an offense that would be a felony if committed by an adult,(iii) has a case involving an offense, which would be a felony if committedby an adult, that is dismissed pursuant to the deferred dispositionprovisions of § 16.1-278.8, or (iv) is convicted or adjudicated delinquent ofany other offense for which a report to the Central Criminal Records Exchangeis required by subsection C of § 19.2-390 if the offense were committed by anadult, copies of his fingerprints and a report of the disposition shall beforwarded to the Central Criminal Records Exchange and to the jurisdictionmaking the arrest by the clerk of the court which heard the case.

C. If a petition or warrant is not filed against a juvenile whosefingerprints or photographs have been taken in connection with an allegedviolation of law, the fingerprint card, all copies of the fingerprints andall photographs shall be destroyed 60 days after fingerprints were taken. Ifa juvenile charged with a delinquent act other than a violent juvenile felonyor a crime ancillary thereto is found not guilty, or in any other caseresulting in a disposition for which fingerprints are not required to beforwarded to the Central Criminal Records Exchange, the court shall orderthat the fingerprint card, all copies of the fingerprints and all photographsbe destroyed within six months of the date of disposition of the case.

(1977, c. 559; 1978, c. 383; 1979, c. 267; 1982, c. 514; 1985, c. 211; 1986,c. 264; 1993, cc. 468, 926; 1994, cc. 859, 949; 1996, cc. 755, 914; 1997, c.657; 2000, c. 431; 2004, c. 464; 2008, c. 636.)