AGO 1951-53 No. 3.
Case Date | April 04, 1951 |
Court | Washington |
Washington Attorney General Opinions
1951.
AGO 1951-53 No. 3.
April 4,
1951[Orig. Op. Page 1]PRIVATEPUBLIC RECORDS ---
DESTRUCTION OF --- PERTAINING TO JUVENILES IN INSTITUTIONS AFTER THEY REACH 21
YEARS OF AGE.1. Certain state officials only
may authorize destruction of juvenile records in state schools.2. There is no authority to ever "seal" such records.3. A sound discretion would permit information therein
contained being made available to other governmental officials.Honorable Van R.
HinkleSupervisorDepartment of Public
InstitutionsOlympia, WashingtonCite as:
AGO 1951-53 No. 3Dear Sir:
You request an opinion relative to
(1) The destruction of records and files relating to juveniles
committed to Washington State Training School for Boys and State School for
Boys;
(2) Re the sealing of such records upon the inmate reaching a
certain age; and
(3) Whether information therein contained may be made available
to such public agencies such as the FBI.
Summarized we conclude:
(1) There is no authority to destroy such records except when
authorized by a committee of certain State officers;
(2) There is no authority for the "sealing" of such
records;
[Orig. Op. Page 2]
(3) Whether information therein contained may be made available
is at the discretion of the State Board of Control by proper regulation.
ANALYSIS
The destruction of records of the above named state juvenile
schools is controlled by Rem. Rev. Stat. §§ 10964-20 to 10964-29
(1941 Supp.), P.P.C. §§ 817-3 to 817-21. Under these statutes, public
records may be destroyed when more than fifteen years old, and
"* * * determined to be of no further value either for
administrative or historical purposes when authorized in writing by committee
hereinafter created." Rem. Rev. Stat. § 10964-20 (1941 Supp.), P.P.C.
§ 817-3.
The committee referred to is composed of
"The Supervisor of the Division of the Budget, the State Auditor,
the Secretary of State, and the Attorney General.
"* * *
"Authorization shall be by unanimous vote of the Committee." Rem.
Rev. Stat. § 10964-22 (1941 Supp.), P.P.C. § 817-7.
We have examined the statutes relating to the State Training
School for Boys. Rem. Rev. Stat. §§ 10300 to 10308, P.P.C. §
895-37 to § 959-55, the State School for Girls, Rem. Rev. Stat. §
4631 to § 4642, P.P.C. § 959-57, to both Rem. Rev. Stat. § 1980
to § 1086a, P.P.C. § 959-21 to § 959-35, and...
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