41-5-216. Disposition of records. (1) Except as provided in subsections (2) and (5), youth court records and law enforcement records pertaining to a youth covered by this chapter must be physically sealed 3 years after supervision for an offense ends. The records may be unsealed if a new offense is committed.
     (2) In those cases in which jurisdiction of the court or any agency is extended beyond the youth's 18th birthday, the records and files not exempt from sealing under subsection (5) must be physically sealed upon termination of the extended jurisdiction.
     (3) Upon the physical sealing of the records pertaining to a youth pursuant to this section, an agency or department that has in its possession copies of the sealed records shall also seal or destroy the copies of the records. Anyone violating the provisions of this subsection is subject to contempt of court.
     (4) This section does not prohibit the destruction of records with the consent of the youth court judge or county attorney after 10 years from the date of sealing.
     (5) The requirements for sealed records in this section do not apply to fingerprints, DNA records, photographs, youth traffic records, records in any case in which the youth did not fulfill all requirements of the court's judgment or disposition, or records referred to in 42-3-203 or 45-5-624(7).

     History: En. 10-1232 by Sec. 32, Ch. 329, L. 1974; amd. Sec. 1, Ch. 59, L. 1975; R.C.M. 1947, 10-1232; amd. Sec. 2, Ch. 507, L. 1979; amd. Sec. 4, Ch. 469, L. 1981; amd. Sec. 14, Ch. 515, L. 1987; amd. Sec. 8, Ch. 251, L. 1995; amd. Sec. 10, Ch. 466, L. 1995; amd. Sec. 5, Ch. 481, L. 1995; amd. Sec. 9, Ch. 528, L. 1995; amd. Sec. 168, Ch. 480, L. 1997; Sec. 41-5-604, MCA 1995; redes. 41-5-216 by Sec. 47, Ch. 286, L. 1997.