Section 12-15-101

Maintenance and inspection of law enforcement records, etc.

(a) The court shall, by rule, require all law enforcement agencies to take special precautions to insure that law enforcement records and files concerning a child will be maintained in a manner and under such safeguards that will protect against disclosure to any unauthorized person. Unless a charge of delinquency is transferred for criminal prosecution under Section 12-15-34 or the court otherwise orders in the interest of the child or of national security, the records and files with respect to the child shall not be open to public inspection nor their contents disclosed to the public.

(b) Law enforcement records and files described in subsection (a) shall be open to inspection and copying by the following:

(1) A juvenile court having the child currently before it in any proceeding.

(2) The officers of the Department of Human Resources, the Department of Youth Services, public and nongovernmental institutions or agencies to which the child is currently committed and those responsible for his or her supervision after release.

(3) Any other person, agency, or institution, upon written request, that the juvenile court determines to have a legitimate interest in the case or in the work of the law enforcement agency.

(4) Law enforcement officers of other jurisdictions when necessary for the discharge of their current official duties.

(5) The probation and other professional staff of a court in which the child is subsequently convicted of a criminal offense or adjudicated as a youthful offender for the purpose of a presentence report or other dispositional proceedings, officials of penal institutions and other penal facilities to which the child is committed or a parole board in considering his or her parole or discharge or in exercising supervision over him or her.

(6) The probation and other professional staff serving a criminal court when investigating or considering youthful offender applications.

(7) The parent, guardian or other custodian and counsel for the child.

(8) The principal of the school in which the child is enrolled, or the representative of the principal, and other school officials as the principal deems necessary, upon written petition to the juvenile court setting forth the reasons why the safety or welfare, or both, of the school, its students, or personnel, necessitate production of the information and without which the safety and welfare of the school, its students, and personnel, would be threatened.

(c) Law enforcement records may be viewed by victims during the investigation of a crime at the discretion of the investigating officer.

(d) All law enforcement agencies shall report to the Alabama Criminal Justice Information Center that a child has been charged with an act of delinquency along with any pertinent identifying information or historical data concerning that child, when:

(1) The child is taken into custody and charged with an act of delinquency for an act which would constitute a felony if committed by an adult, or

(2) The child is taken into custody and charged with an act of delinquency for an act which would constitute a misdemeanor, according to subdivision (2) of Section 41-9-622 if committed by an adult.

(e) Whoever, except as provided in subsections (a), (b), and (c), directly or indirectly discloses or makes use of or knowingly permits the use of information concerning a child described in those subsections, upon conviction thereof, shall be guilty of a Class A misdemeanor within the jurisdiction of the juvenile court.

(Acts 1975, No. 1205, p. 2384, §5-143; Acts 1990, No. 90-674, p. 1304, §16; Acts 1996, No. 96-524, p. 677, §1; Act 99-433, p. 792, § 3.)