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Sorry about the question's vagueness, but there wasn't enough room to type it out. So, here's my question more specifically:

Let's say that two states have different statutes regarding the issue of interagency sharing of sealed criminal records for juveniles who are adjudicated through the JJS. The first state has a statute that allows for sealed records to be shared with law enforcement and prosecutors; and the second state has a statute that forbids sealed records from being shared with law enforcement and prosecutors.

Assuming that the record in question would have been sealed by both states AND assuming that the juvenile is now an adult, can law enforcement/prosecutors in the second state use the sealed juvenile record from the first state without a court order?

2007-10-27 16:02:20 · 4 answers · asked by TrippingJudy 4 in Politics & Government Law Enforcement & Police

4 answers

THE FIRST STATE CAN REQUEST FROM A JUDGE / PROSECUTOR TO RELEASE THE RECORDS FOR AN INVESTIGATION OR RELEASE A SYNOPSIS OF THE ARRESTS TO DO A COMPARATIVE ANALYSIS OF A POSSIBLE M/O.

IF THIS CANNOT BE DONE OR WILL NOT BE DONE THEN AN OFFICIAL COURT ORDER FROM ONE STATE TO THE OTHER UNDER THE FEDERAL CODES 28 USC 1738-CAN BE APPLIED FOR.

IN MOST INSTANCES, IF ONE AGENCY ASKS FOR THE RECORDS FROM ANOTHER POLICE AGENCY, WE COOPERATE WITH EACH OTHER AS THE THIN BLUE LINE. USUALLY THE COURTS WILL NOT HESITATE TO RELEASE A RECORD AS LONG AS THERE IS A JUSTIFIABLE NEED BASED ON AN ONGOING INVESTIGATION.

2007-10-27 16:11:15 · answer #1 · answered by ahsoasho2u2 7 · 0 0

Records in each state can be released only if permitted by the laws of the state in which they are located.

2007-10-27 17:46:07 · answer #2 · answered by Anonymous · 0 0

Law enforcement/prosecutors must obey the laws of their own state even if the other state's laws are more lenient.

2007-10-27 16:12:15 · answer #3 · answered by cattbarf 7 · 0 0

The best procedure for the administration of justice will be adopted by any of the state involved in a case.

2007-10-27 16:11:15 · answer #4 · answered by FRAGINAL, JTM 7 · 0 0

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