Section 31-39-5-4 - Destruction(a) Upon written request of the child or the child's parent, guardian, or custodian, a law enforcement agency shall destroy or deliver to the child any of the child's fingerprints or photographs taken under section 1 of this chapter that are within that agency's possession if: (1) the child was taken into custody and no petition was filed against the child;(2) the petition was dismissed because of mistaken identity;(3) the petition was dismissed because no delinquent act was actually committed; or(4) the petition was dismissed for lack of probable cause.(b) If the child has a record of prior arrests or if another charge is pending against the child, the law enforcement agency does not have to destroy the child's fingerprints or photographs.Pre-1997 Recodification Citation: 31-6-8-1.5(d), (e) part.
As added by P.L. 1-1997, SEC.22.