Iowa Administrative Code › Agency 661 - Public Safety Department › Chapter 82 - Criminal History and Fingerprint Records › Rule 661-82.301 - Juvenile Fingerprints and Criminal Histories

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Authority to
			 fingerprint.
A law enforcement agency shall fingerprint and photograph
			 any juvenile who has been taken into custody and charged with the commission of
			 an offense which would be a serious misdemeanor, aggravated misdemeanor or
			 felony if committed by an adult. Fingerprints of juveniles taken pursuant to
			 this subrule shall be submitted to the division of criminal
			 investigation.
(2)
Fingerprints of juveniles waived to adult court.
If
			 jurisdiction over a juvenile suspect has been transferred from juvenile court
			 to adult court, then fingerprints of that suspect taken pursuant to Iowa Code
			 section
			 232.148
			 and transmitted to the division of criminal investigation shall be handled by
			 the division in the same manner as fingerprints of adult suspects are handled,
			 and the fingerprints are subject to the same provisions of law and these rules
			 which govern fingerprints of adult criminal suspects.
(3)
Fingerprints entered into
			 automated fingerprint identification system (AFIS).
Fingerprints of
			 juveniles shall be entered into the AFIS maintained by the department of public
			 safety.
(4)
Juvenile
			 criminal histories.
a. A fingerprint
			 card received for a juvenile suspect shall be used to establish a criminal
			 history record for the suspect.
b.
			 Criminal histories of juveniles over whom jurisdiction has been transferred
			 from juvenile court to adult court shall be handled in the same manner as
			 criminal histories of adults.
c.
			 Criminal histories of juveniles who remain under the jurisdiction of the
			 juvenile court shall be maintained only if the juvenile is adjudicated
			 delinquent based upon an offense which would be a serious or aggravated
			 misdemeanor or felony if committed by an adult. The criminal history record
			 established in response to the division's receiving a fingerprint card shall be
			 expunged if the delinquency petition is dismissed. Juvenile court judges shall
			 order that a juvenile be fingerprinted and the prints submitted to the division
			 of criminal investigation if the juvenile has been adjudicated delinquent for
			 an offense which would be a serious or aggravated misdemeanor or felony if
			 committed by an adult.
d. Criminal
			 history data of juveniles over whom jurisdiction has not been transferred from
			 juvenile court to adult court shall be expunged when the subject reaches the
			 age of 21 unless the subject has been convicted of a serious or aggravated
			 misdemeanor or a felony when the subject was between the ages of 18 and 21 or
			 unless the retention of the records is necessary for the purpose of
			 administering Iowa Code chapter 692A. If the subject has been convicted of a
			 serious or aggravated misdemeanor or a felony when the subject was between the
			 ages of 18 and 21, the criminal history record shall be maintained in the same
			 manner as adult criminal history data.