§571-88 Orders expunging juvenile
arrest records.  (a)  The court may issue an order expunging a juvenile
arrest record of a person upon written application by the person or, if the
person is a minor, the minor's parent or guardian; provided the arrest was made
pursuant to section 571-11(1) or (2) and the arrest record meets the following
criteria:



(1)  The matter was not referred to the prosecuting
attorney or the family court and:



(A)  The person was not counseled and released
by the police; or



(B)  The person was counseled and released by
the police and the person has become an adult; or



(2)  The matter was referred to the prosecuting
attorney or family court and:



(A)  The person was not adjudicated responsible
by the court; or



(B)  The matter was dismissed with prejudice.



(b)  Before issuing an order to expunge an
arrest record of a matter that was never referred to the court, the court shall
consult with the prosecuting attorney in the appropriate circuit.



(c)  Upon issuance of an expungement order
under this section, the court shall:



(1)  Forward copies of the expungement order to the
police department and the department of the attorney general for expungement of
the arrest record; and



(2)  Issue to the person for whom the expungement
order was issued, a certificate stating that an expungement order was issued
and that its effect is to annul the record of one or more specific arrests. 
The certificate shall:



(A)  Authorize the person to state, in response
to any question or inquiry, whether or not under oath, that the person has no
record regarding the specific arrest; and



(B)  State that the person shall not be subject
to any action for perjury, civil suit, discharge from employment, or any other
adverse action for making any statement authorized by the certificate.



(d)  A person whose arrest record has been
expunged under this section shall not be subject to any action for perjury,
civil suit, discharge from employment, or any other adverse action for
responding to any question or inquiry, whether or not under oath, that the
person has no record regarding the specific arrest expunged.



(e)  As used in this section:



"Arrest record" means any record
maintained by a county police department or the department of the attorney
general under chapters 846 and 846D, relating to the arrest of the minor for a
specific offense, including fingerprints taken during the arrest and maintained
under section 846-2.5(b).



"Expunge" means a process defined by
agency policy in which records are segregated and kept confidential, or
destroyed. [L 2001, c 233, §1; am L 2002, c 26, §1; am L 2003, c 6, §1]