§10-7307-1.7.

§10-7307-1.7.
   
   A. No adjudication by the court upon the status of a child in a
   juvenile proceeding shall operate to impose any of the civil
   disabilities ordinarily resulting from conviction of a crime, nor
   shall a child be deemed a criminal by reason of a juvenile
   adjudication.
   
   B. The court may order the records of a person alleged to be
   delinquent to be sealed as follows:
   
   1. When the person has been alleged to be delinquent and:
   
   a. one (1) year has elapsed from the later of:
   
   (1) dismissal or closure of the case by the court, or
   
   (2) notice to the court by the Department of Juvenile Justice or a
   juvenile bureau of final discharge of such person from the supervision
   of the Department of Juvenile Justice or juvenile bureau, and
   
   b. the person has not been found guilty of or admitted to the
   commission of a subsequent criminal offense in either a juvenile or
   adult proceeding, and
   
   c. no juvenile or adult proceeding for a criminal offense is pending;
   
   2. When a juvenile court intake has been completed and:
   
   a. the case has been dismissed, or
   
   b. no petition has been filed pending fulfillment of conditions of a
   voluntary probation, or
   
   c. a petition has been filed but no adjudication has occurred pending
   the fulfillment of conditions of a preadjudicatory probation;
   
   3. When a juvenile participates in a court-approved alternative
   diversion program for first-time offenders and:
   
   a. the juvenile presents satisfactory evidence to the court that the
   juvenile has successfully completed the program, and
   
   b. the court dismisses the case at the conclusion of the deferral
   period; or
   
   4. When a juvenile participates in a court-approved military mentor
   program and:
   
   a. the juvenile presents satisfactory evidence to the court that the
   juvenile has successfully completed the program, and
   
   b. the court dismisses the case at the conclusion of the deferral
   period.
   
   The records may be sealed one (1) year after such dismissal or
   completion of the conditions of a voluntary or preadjudicatory
   probation, alternative diversion program for first-time offenders, or
   military mentor program or upon the person attaining the age of
   eighteen (18) years in the discretion of the court.
   
   C. The Administrative Office of the Courts shall establish on or
   before January 1, 1994, a system for sealing records as required by
   subsection B of this section and records shall be sealed in accordance
   with the procedures established pursuant to said system.
   
   D. Upon the sealing of any record of a person alleged to be delinquent
   pursuant to this title, the record and official actions subject to the
   order shall be deemed never to have occurred, and the person who is
   the subject of the record and all juvenile justice agencies may
   properly reply upon any inquiry in the matter that no such action ever
   occurred and no such record exists with respect to such person.
   
   E. 1. Upon the entry of an order to seal a juvenile court record, the
   court clerk shall seal the juvenile court record indicated in the
   court's order, except that a confidential index shall be maintained
   for the purpose of locating records subject to inspection or release
   pursuant to subsection G of this section.
   
   2. When notified by the court clerk of a court order sealing a
   juvenile court record, the law enforcement agency having records
   pertaining to the person shall seal the records as ordered, except
   basic identification information shall be maintained.
   
   3. Except where such documents are necessary to maintain state or
   federal funding, the juvenile court personnel records pertaining to
   the person shall be sealed.
   
   F. Members of the judiciary, district attorneys, the defendant, the
   defendant's counsel and employees of juvenile bureaus, the Department
   of Juvenile Justice assigned juvenile court intake responsibilities,
   and the Department of Corrections may access records that have been
   sealed pursuant to this section without a court order for the purpose
   of determining whether to dismiss an action, seek a voluntary
   probation, file a petition, or for purposes of sentencing or placement
   in a case where the person who is the subject of the sealed record is
   alleged to have committed a subsequent juvenile delinquent act or any
   adult criminal offense. Provided, any record sealed pursuant to this
   section may be used in a subsequent juvenile delinquent or adult
   prosecution only after the issuance of a court order unsealing the
   record.
   
   G. The court may issue an order unsealing sealed juvenile court
   records, for use for the following purposes:
   
   1. In subsequent cases against the same child pursuant to this title;
   
   2. In an adult criminal proceeding pursuant to Section 7303-4.3 or
   7306-1.1 of this title;
   
   3. Upon conviction of a criminal offense in an adult proceeding, in
   connection with the sentencing of such person;
   
   4. If the person is placed in the custody or under the supervision of
   the Department of Corrections;
   
   5. In accordance with the guidelines adopted pursuant to the Serious
   and Habitual Juvenile Offender Act and Section 620.6 of this title,
   for maintaining juvenile justice and criminal justice statistical
   information;
   
   6. For the purpose of a criminal investigation; or
   
   7. When the court finds that there is a compelling reason and it is in
   the interest of justice to order the record unsealed.
   
   H. Any person or agency having a legitimate interest in a delinquency
   case or proceeding may petition the court for an order unsealing a
   juvenile court record. Upon the filing of a petition to unseal any
   juvenile court record, the court shall set a date for a hearing and
   shall provide thirty (30) days' notice to all interested parties. The
   hearing may be closed at the court's discretion. If, after a hearing,
   the court determines that there is any reason enumerated in subsection
   G of this section and it is necessary for the protection of a
   legitimate public or private interest to unseal the records, the court
   shall order the record unsealed.
   
   I. Any record ordered to be sealed pursuant to this section, if not
   unsealed within ten (10) years of the order, shall be obliterated or
   destroyed at the end of the ten-year period.