1. JUVENILE RECORDS Leslie Barrett Kinkead Court Improvement Program
Administrative Office of the Courts

2. TCA 37-1-153 - Court Files & Records
Inspection only open to:
Judge and court staff
Parties to proceeding, counsel & representatives
Agency supervising or having custody
Adult criminal case for presentence report
Other person/agency with legitimate interest & court’s permission

3. TCA 37-1-153 - Court Files & Records
Exceptions:
Petitions and orders – child 14 or over at time of offense if:
1st degree murder
2nd degree murder
Rape/Aggravated Rape
Rape of child/Aggravated rape of child
Aggravated/Especially aggravated robbery
Aggravated/Especially aggravated kidnapping
Does not include documents other than petitions/orders – cannot release medical/psychological reports, etc.
Except Rule 33 – Predisposition Report/Social History & Disposition
child/attorney/parent or guardian – entitled to predisposition report and all medical/psychological or other report on which its based.
Court may decline inspection if detrimental to child to all except attorney. If court denies inspection to unrepresented party- must appoint attorney
Violation of confidentiality punishable by criminal contempt

4. TCA 37-1-153 – Law Enforcement Records
Inspection only open to:
Juvenile court with jurisdiction of child
Counsel for party
Agency having custody
Law enforcement of other jurisdiction in discharge of official duties
Adult criminal case for presentence report
Penal facility where child placed
Parole board

5. TCA 37-1-153 – Law Enforcement Records
Confidentiality not applicable if:
Child transferred to adult criminal court
In interest of national security
Judge orders otherwise in interest of child

6. T.C.A. 37-1-155 Fingerprints/Photographs/Recordings
Child shall be fingerprinted & photographed if:
Charged with felony offense
Charged with misdemeanor & court order
During investigation latent prints found & probable cause by law enforcement of particular child – if no match destroy
During investigation reasonable suspicion that description matches child – may photograph child

7. T.C.A. 37-1-155 Fingerprints/Photographs/Recordings
Photo/video/recording:
Child in process committing offense
Reasonable suspicion field sobriety test
Juvenile victim consents
If no charges, destroy unless otherwise ordered

8. T.C.A. 37-1-155 Fingerprints/Photographs/Recordings
No disclosure except pursuant to
Destroyed:
Misdemeanor - no charge or no delinquent adjudication or transferred to another juvenile court
Felony – if charged but no delinquent adjudication – destroy at 18 if ordered
Felony – delinquent adjudication – permanently maintained

9. T.C.A. 49-6-3051 School Notification
Parent, guardian, legal custodian (includes DCS) must notify school if initial enrollment, resumes attendance after suspension, expulsion or adjudication of delinquency of:
1st degree murder
2nd degree murder
Rape/Aggravated Rape
Rape of child/Aggravated rape of child
Aggravated/Especially aggravated robbery
Kidnapping/Aggravated/Especially aggravated kidnapping

10. T.C.A. 49-6-3051 School Notification
Aggravated Assault
Felony reckless endangerment
Aggravated sexual battery
Voluntary manslaughter
Criminal negligent homicide
Sexual battery/Statutory rape by authority figure
Prohibited weapon
Possession of firearm
Carrying weapon on school property/other places & 1311
Handgun possession
Providing handguns to juveniles
Class A or B felony drug offenses
Offense not listed but ordered by court
Abstract made by court and provided to parent, guardian
Shared with school personnel having classroom instruction responsibility, counselor, social worker/psychologist developing plan – otherwise confidential and Class C misdemeanor (fine only).
Principal must convene meeting to develop plan for student to succeed and school safety
Abstract & plan not part of student record

11. TCA 37-1-153 - Court Files & Records
Expungement: Adjudicated delinquent
a) 18 or older and
1 year removed from most recent adjudication
No adult criminal conviction as juvenile or adult
No sexual offense adjudication per
b) Maintained consistent/exemplary pattern of civic- minded conduct for 1 or more years preceding filing of expunction petition
c) Made adjustment of circumstances that expunction serves best interest of child/community
No unruly expungement

12. TCA 40-32-101 Destruction of Records
Expunged if:
No charge
Dismissed
Pre-trial diversion successful completion (except sexual offense)
Adjudicated of Class E felony per (g)