AGO 1996-138.

• Case Date: February 23, 1996
• Court: Alabama

Alabama Attorney General Opinions 1996. AGO 1996-138. 1996-138February 23, 1996Honorable Larry Wright Director, Alabama Criminal Justice Information Center 770 Washington Avenue Montgomery, AL 36130 Criminal Justice Information Center Commission - Juveniles - Public Information - Public Records1. Once a charge of delinquency is transferred for criminal prosecution under Section 12-15-34, the records relating to the charge are a matter of public record and can be disseminated by the ACJIC.2. The ACJIC may not release information regarding less serious offenses committed in conjunction with a crime listed in Section 12-15-34.1 unless those offenses have been transferred for criminal prosecution pursuant to Section 12-15-34 or the court orders that such records be open to public inspection.Dear Mr. Wright: This opinion is issued in response to your request for an opinion from the Attorney General. QUESTION 1 Can the ACJIC disseminate a juvenile arrest record to other law enforcement agencies, if the juvenile has been referred to criminal court but it is prior to a final disposition? FACTS AND ANALYSIS The Code of Alabama 1975, _ 12-15-101(a), provides as follows: "(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 such manner and under such safeguards as 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, such records and files with respect to such child shall not be open to public inspection nor their contents disclosed to the public." Under this section, once a charge of delinquency is transferred for criminal prosecution under Section 12-15-34, the records relating to the charge against the child are a matter of public record and can be disseminated by the ACJIC. CONCLUSION Once a charge of delinquency is transferred for criminal prosecution under Section 12-15-34, the records relating to the...