Ohio § 2151.313

§ 2151.313.

(A)(1) Except as provided in division (A)(2) of this section and in sections 109.57 , 109.60 , and 109.61 of the Revised Code , no child shall be fingerprinted or photographed in the investigation of any violation

of law without the consent of the juvenile judge. (2) Subject to division (A)(3) of this section, a law enforcement officer may fingerprint

and photograph a child without the consent of the juvenile judge when the child is

arrested or otherwise taken into custody for the commission of an act that would be

an offense, other than a traffic offense or a minor misdemeanor, if committed by an

adult, and there is probable cause to believe that the child may have been involved

in the commission of the act.  A law enforcement officer who takes fingerprints or photographs of a child under

division (A)(2) of this section immediately shall inform the juvenile court that the

fingerprints or photographs were taken and shall provide the court with the identity

of the child, the number of fingerprints and photographs taken, and the name and address

of each person who has custody and control of the fingerprints or photographs or copies

of the fingerprints or photographs. (3) This section does not apply to a child to whom either of the following applies: (a) The child has been arrested or otherwise taken into custody for committing, or has

been adjudicated a delinquent child for committing, an act that would be a felony

if committed by an adult or has been convicted of or pleaded guilty to committing

a felony. (b) There is probable cause to believe that the child may have committed an act that

would be a felony if committed by an adult. (B)(1) Subject to divisions (B)(4), (5), and (6) of this section, all fingerprints and photographs

of a child obtained or taken under division (A)(1) or (2) of this section, and any

records of the arrest or custody of the child that was the basis for the taking of

the fingerprints or photographs, initially may be retained only until the expiration

of thirty days after the date taken, except that the court may limit the initial retention

of fingerprints and photographs of a child obtained under division (A)(1) of this

section to a shorter period of time and except that, if the child is adjudicated a

delinquent child for the commission of an act described in division (B)(3) of this

section or is convicted of or pleads guilty to a criminal offense for the commission

of an act described in division (B)(3) of this section, the fingerprints and photographs,

and the records of the arrest or custody of the child that was the basis for the taking

of the fingerprints and photographs, shall be retained in accordance with division

(B)(3) of this section.  During the initial period of retention, the fingerprints and photographs of a child,

copies of the fingerprints and photographs, and records of the arrest or custody of

the child shall be used or released only in accordance with division (C) of this section.  At the expiration of the initial period for which fingerprints and photographs of

a child, copies of fingerprints and photographs of a child, and records of the arrest

or custody of a child may be retained under this division, if no complaint, indictment,

or information is pending against the child in relation to the act for which the fingerprints

and photographs originally were obtained or taken and if the child has neither been

adjudicated a delinquent child for the commission of that act nor been convicted of

or pleaded guilty to a criminal offense based on that act subsequent to a transfer

of the child's case for criminal prosecution pursuant to section 2152.12 of the Revised Code , the fingerprints and photographs of the child, all copies of the fingerprints and

photographs, and all records of the arrest or custody of the child that was the basis

of the taking of the fingerprints and photographs shall be removed from the file and

delivered to the juvenile court. (2) If, at the expiration of the initial period of retention set forth in division (B)(1)

of this section, a complaint, indictment, or information is pending against the child

in relation to the act for which the fingerprints and photographs originally were

obtained or the child either has been adjudicated a delinquent child for the commission

of an act other than an act described in division (B)(3) of this section or has been

convicted of or pleaded guilty to a criminal offense for the commission of an act

other than an act described in division (B)(3) of this section subsequent to transfer

of the child's case, the fingerprints and photographs of the child, copies of the

fingerprints and photographs, and the records of the arrest or custody of the child

that was the basis of the taking of the fingerprints and photographs may further be

retained, subject to division (B)(4) of this section, until the earlier of the expiration

of two years after the date on which the fingerprints or photographs were taken or

the child attains eighteen years of age, except that, if the child is adjudicated

a delinquent child for the commission of an act described in division (B)(3) of this

section or is convicted of or pleads guilty to a criminal offense for the commission

of an act described in division (B)(3) of this section, the fingerprints and photographs,

and the records of the arrest or custody of the child that was the basis for the taking

of the fingerprints and photographs, shall be retained in accordance with division

(B)(3) of this section. Except as otherwise provided in division (B)(3) of this section, during this additional

period of retention, the fingerprints and photographs of a child, copies of the fingerprints

and photographs of a child, and records of the arrest or custody of a child shall

be used or released only in accordance with division (C) of this section.  At the expiration of the additional period, if no complaint, indictment, or information

is pending against the child in relation to the act for which the fingerprints originally

were obtained or taken or in relation to another act for which the fingerprints were

used as authorized by division (C) of this section and that would be a felony if committed

by an adult, the fingerprints of the child, all copies of the fingerprints, and all

records of the arrest or custody of the child that was the basis of the taking of

the fingerprints shall be removed from the file and delivered to the juvenile court,

and, if no complaint, indictment, or information is pending against the child concerning

the act for which the photographs originally were obtained or taken or concerning

an act that would be a felony if committed by an adult, the photographs and all copies

of the photographs, and, if no fingerprints were taken at the time the photographs

were taken, all records of the arrest or custody that was the basis of the taking

of the photographs shall be removed from the file and delivered to the juvenile court.  In either case, if, at the expiration of the applicable additional period, such

a complaint, indictment, or information is pending against the child, the photographs

and copies of the photographs of the child, or the fingerprints and copies of the

fingerprints of the child, whichever is applicable, and the records of the arrest

or custody of the child may be retained, subject to division (B)(4) of this section,

until final disposition of the complaint, indictment, or information, and, upon final

disposition of the complaint, indictment, or information, they shall be removed from

the file and delivered to the juvenile court, except that, if the child is adjudicated

a delinquent child for the commission of an act described in division (B)(3) of this

section or is convicted of or pleads guilty to a criminal offense for the commission

of an act described in division (B)(3) of this section, the fingerprints and photographs,

and the records of the arrest or custody of the child that was the basis for the taking

of the fingerprints and photographs, shall be retained in accordance with division

(B)(3) of this section. (3) If a child is adjudicated a delinquent child for violating section 2923.42 of the Revised Code or for committing an act that would be a misdemeanor offense of violence if committed

by an adult, or is convicted of or pleads guilty to a violation of section 2923.42 of the Revised Code , a misdemeanor offense of violence, or a violation of an existing or former municipal

ordinance or law of this state, another state, or the United States that is substantially

equivalent to section 2923.42 of the Revised Code or any misdemeanor offense of violence, both of the following apply: (a) Originals and copies of fingerprints and photographs of the child obtained or taken

under division (A)(1) of this section, and any records of the arrest or custody that

was the basis for the taking of the fingerprints or photographs, may be retained for

the period of time specified by the juvenile judge in that judge's grant of consent

for the taking of the fingerprints or photographs.  Upon the expiration of the specified period, all originals and copies of the fingerprints,

photographs, and records shall be delivered to the juvenile court or otherwise disposed

of in accordance with any instructions specified by the juvenile judge in that judge's

grant of consent.  During the period of retention of the photographs and records, all originals and

copies of them shall be retained in a file separate and apart from all photographs

taken of adults.  During the period of retention of the fingerprints, all originals and copies of

them may be maintained in the files of fingerprints taken of adults.  If the juvenile judge who grants consent for the taking of fingerprints and photographs

under division (A)(1) of this section does not specify a period of retention in that

judge's grant of consent, originals and copies of the fingerprints, photographs, and

records may be retained in accordance with this section as if the fingerprints and

photographs had been taken under division (A)(2) of this section. (b) Originals and copies of fingerprints and photographs taken under division (A)(2)

of this section, and any records of the arrest or custody that was the basis for the

taking of the fingerprints or photographs, may be retained for the period of time

and in the manner specified in division (B)(3)(b) of this section.  Prior to the child's attainment of eighteen years of age, all originals and copies

of the photographs and records shall be retained and shall be kept in a file separate

and apart from all photographs taken of adults.  During the period of retention of the fingerprints, all originals and copies of

them may be maintained in the files of fingerprints taken of adults.  Upon the child's attainment of eighteen years of age, all originals and copies of

the fingerprints, photographs, and records shall be disposed of as follows: (i) If the juvenile judge issues or previously has issued an order that specifies a manner

of disposition of the originals and copies of the fingerprints, photographs, and records,

they shall be delivered to the juvenile court or otherwise disposed of in accordance

with the order. (ii) If the juvenile judge does not issue and has not previously issued an order that

specifies a manner of disposition of the originals and copies of the fingerprints

not maintained in adult files, photographs, and records, the law enforcement agency,

in its discretion, either shall remove all originals and copies of them from the file

in which they had been maintained and transfer them to the files that are used for

the retention of fingerprints and photographs taken of adults who are arrested for,

otherwise taken into custody for, or under investigation for the commission of a criminal

offense or shall remove them from the file in which they had been maintained and deliver

them to the juvenile court.  If the originals and copies of any fingerprints of a child who attains eighteen

years of age are maintained in the files of fingerprints taken of adults or if pursuant

to division (B)(3)(b)(ii) of this section the agency transfers the originals and copies

of any fingerprints not maintained in adult files, photographs, or records to the

files that are used for the retention of fingerprints and photographs taken of adults

who are arrested for, otherwise taken into custody for, or under investigation for

the commission of a criminal offense, the originals and copies of the fingerprints,

photographs, and records may be maintained, used, and released after they are maintained

in the adult files or after the transfer as if the fingerprints and photographs had

been taken of, and as if the records pertained to, an adult who was arrested for,

otherwise taken into custody for, or under investigation for the commission of a criminal

offense. (4) If a sealing or expungement order issued under sections 2151.356 to 2151.358 of the Revised Code requires the sealing or destruction of any fingerprints or photographs of a child

obtained or taken under division (A)(1) or (2) of this section or of the records of

an arrest or custody of a child that was the basis of the taking of the fingerprints

or photographs prior to the expiration of any period for which they otherwise could

be retained under division (B)(1), (2), or (3) of this section, the fingerprints,

photographs, and arrest or custody records that are subject to the order and all copies

of the fingerprints, photographs, and arrest or custody records shall be sealed or

destroyed in accordance with the order. (5) All fingerprints of a child, photographs of a child, records of an arrest or custody

of a child, and copies delivered to a juvenile court in accordance with division (B)(1),

(2), or (3) of this section shall be destroyed by the court, provided that, if a complaint

is filed against the child in relation to any act to which the records pertain, the

court shall maintain all records of an arrest or custody of a child so delivered for

at least three years after the final disposition of the case or after the case becomes

inactive. (6)(a) All photographs of a child and records of an arrest or custody of a child retained

pursuant to division (B) of this section and not delivered to a juvenile court shall

be kept in a file separate and apart from fingerprints, photographs, and records of

an arrest or custody of an adult.  All fingerprints of a child retained pursuant to division (B) of this section and

not delivered to a juvenile court may be maintained in the files of fingerprints taken

of adults. (b) If a child who is the subject of photographs or fingerprints is adjudicated a delinquent

child for the commission of an act that would be an offense, other than a traffic

offense or a minor misdemeanor, if committed by an adult or is convicted of or pleads

guilty to a criminal offense, other than a traffic offense or a minor misdemeanor,

all fingerprints not maintained in the files of fingerprints taken of adults and all

photographs of the child, and all records of the arrest or custody of the child that

is the basis of the taking of the fingerprints or photographs, that are retained pursuant

to division (B) of this section and not delivered to a juvenile court shall be kept

in a file separate and apart from fingerprints, photographs, and arrest and custody

records of children who have not been adjudicated a delinquent child for the commission

of an act that would be an offense, other than a traffic offense or a minor misdemeanor,

if committed by an adult and have not been convicted of or pleaded guilty to a criminal

offense other than a traffic offense or a minor misdemeanor. (C) Until they are delivered to the juvenile court or sealed, transferred in accordance

with division (B)(3)(b) of this section, or destroyed pursuant to a sealing or expungement

order, the originals and copies of fingerprints and photographs of a child that are

obtained or taken pursuant to division (A)(1) or (2) of this section, and the records

of the arrest or custody of the child that was the basis of the taking of the fingerprints

or photographs, shall be used or released only as follows: (1) During the initial thirty-day period of retention, originals and copies of fingerprints

and photographs of a child, and records of the arrest or custody of a child, shall

be used, prior to the filing of a complaint or information against or the obtaining

of an indictment of the child in relation to the act for which the fingerprints and

photographs were originally obtained or taken, only for the investigation of that

act and shall be released, prior to the filing of the complaint, only to a court that

would have jurisdiction of the child's case under this chapter.  Subsequent to the filing of a complaint or information or the obtaining of an indictment,

originals and copies of fingerprints and photographs of a child, and records of the

arrest or custody of a child, shall be used or released during the initial thirty-day

period of retention only as provided in division (C)(2)(a), (b), or (c) of this section. (2) Originals and copies of fingerprints and photographs of a child, and records of the

arrest or custody of a child, that are retained beyond the initial thirty-day period

of retention subsequent to the filing of a complaint or information or the obtaining

of an indictment, a delinquent child adjudication, or a conviction of or guilty plea

to a criminal offense shall be used or released only as follows: (a) Originals and copies of photographs of a child, and, if no fingerprints were taken

at the time the photographs were taken, records of the arrest or custody of the child

that was the basis of the taking of the photographs, may be used only as follows: (i) They may be used for the investigation of the act for which they originally were

obtained or taken;  if the child who is the subject of the photographs is a suspect

in the investigation, for the investigation of any act that would be an offense if

committed by an adult;  and for arresting or bringing the child into custody. (ii) If the child who is the subject of the photographs is adjudicated a delinquent child

for the commission of an act that would be a felony if committed by an adult or is

convicted of or pleads guilty to a criminal offense that is a felony as a result of

the arrest or custody that was the basis of the taking of the photographs, a law enforcement

officer may use the photographs for a photo line-up conducted as part of the investigation

of any act that would be a felony if committed by an adult, whether or not the child

who is the subject of the photographs is a suspect in the investigation. (b) Originals and copies of fingerprints of a child, and records of the arrest or custody

of the child that was the basis of the taking of the fingerprints, may be used only

for the investigation of the act for which they originally were obtained or taken;

 if a child is a suspect in the investigation, for the investigation of another act

that would be an offense if committed by an adult;  and for arresting or bringing

the child into custody. (c) Originals and copies of fingerprints, photographs, and records of the arrest or custody

that was the basis of the taking of the fingerprints or photographs shall be released

only to the following: (i) Law enforcement officers of this state or a political subdivision of this state,

upon notification to the juvenile court of the name and address of the law enforcement

officer or agency to whom or to which they will be released; (ii) A court that has jurisdiction of the child's case under Chapters 2151. and 2152.

of the Revised Code or subsequent to a transfer of the child's case for criminal prosecution

pursuant to section 2152.12 of the Revised Code . (D) No person shall knowingly do any of the following: (1) Fingerprint or photograph a child in the investigation of any violation of law other

than as provided in division (A)(1) or (2) of this section or in sections 109.57 , 109.60 , and 109.61 of the Revised Code ; (2) Retain fingerprints or photographs of a child obtained or taken under division (A)(1)

or (2) of this section, copies of fingerprints or photographs of that nature, or records

of the arrest or custody that was the basis of the taking of fingerprints or photographs

of that nature other than in accordance with division (B) of this section; (3) Use or release fingerprints or photographs of a child obtained or taken under division

(A)(1) or (2) of this section, copies of fingerprints or photographs of that nature,

or records of the arrest or custody that was the basis of the taking of fingerprints

or photographs of that nature other than in accordance with division (B) or (C) of

this section.