299C.095 SYSTEM FOR IDENTIFYING JUVENILE OFFENDERS.
Subdivision 1. Access to data on juveniles.
(a) The bureau shall administer and maintain the
computerized juvenile history record system based on sections
statutes requiring the reporting of data on juveniles. The data in the system are private data as
defined in section
13.02, subdivision 12
, but are accessible to criminal justice agencies as defined
13.02, subdivision 3a
, to all trial courts and appellate courts, to a person who has access
to the juvenile court records as provided in sections
or under court rule,
to public defenders as provided in section
, and to criminal justice agencies in other
states in the conduct of their official duties.
(b) Except for access authorized under paragraph (a), the bureau shall only disseminate a
juvenile adjudication history record in connection with a background check required by statute
or rule and performed on a licensee, license applicant, or employment applicant or performed
. If the background check is performed under section
juvenile adjudication history disseminated under this paragraph is limited to offenses that would
constitute a background check crime as defined in section
299C.61, subdivision 2
. A consent for
release of information from an individual who is the subject of a juvenile adjudication history is
not effective and the bureau shall not release a juvenile adjudication history record and shall not
release information in a manner that reveals the existence of the record. Data maintained under
, released in conjunction with a background check, regardless of the age of the
offender at the time of the offense, does not constitute releasing information in a manner that
reveals the existence of a juvenile adjudication history.
Subd. 2. Retention.
(a) Notwithstanding section
, the bureau shall retain juvenile
history records for the time periods provided in this subdivision. Notwithstanding contrary
provisions of paragraphs (b) to (e), all data in a juvenile history record must be retained for the
longest time period applicable to any item in the individual juvenile history record. If, before
data are destroyed under this subdivision, the subject of the data is convicted of a felony as an
adult, the individual's juvenile history record must be retained for the same time period as an
adult criminal history record.
(b) Juvenile history data on a child who was arrested must be destroyed six months after
the arrest if the child has not been referred to a diversion program and no petition has been
filed against the child by that time.
(c) Juvenile history data on a child against whom a delinquency petition was filed and
subsequently dismissed must be destroyed upon receiving notice from the court that the petition
(d) Juvenile history data on a child who was referred to a diversion program or against whom
a delinquency petition has been filed and continued for dismissal must be destroyed when the
child reaches age 21.
(e) Juvenile history data on a child against whom a delinquency petition was filed and
continued without adjudication, or a child who was found to have committed a felony or gross
misdemeanor-level offense, must be destroyed when the child reaches age 28. If the offender
commits a felony violation as an adult, the bureau shall retain the data for as long as the data
would have been retained if the offender had been an adult at the time of the juvenile offense.
(f) The bureau shall retain extended jurisdiction juvenile data on an individual received
260B.171, subdivision 2
, paragraph (c), for as long as the data would have been
retained if the offender had been an adult at the time of the offense.
(g) Data retained on individuals under this subdivision are private data under section
, except that extended jurisdiction juvenile data become public data under section
, when the juvenile court notifies the bureau that the individual's adult sentence has
been executed under section
260B.130, subdivision 5
(h) A person who receives data on a juvenile under paragraphs (b) to (e) from the bureau
shall destroy the data according to the schedule in this subdivision, unless the person has access
to the data under other law. The bureau shall include a notice of the destruction schedule with
all data it disseminates on juveniles.
History: 1992 c 571 art 7 s 10; 1996 c 440 art 1 s 49; 1997 c 239 art 8 s 13; 1998 c 371 s
16; 1999 c 139 art 4 s 2; 2000 c 377 s 1; 2001 c 202 s 13; 2005 c 136 art 8 s 9