1. (a) Upon written request of the child or the child's parent, guardian, or custodian, a law enforcement agency shall destroy or deliver to the child any of the child's fingerprints or photographs taken under section 1 of this chapter that are within that agency's possession if:

   1. (1) the child was taken into custody and no petition was filed against the child;
   2. (2) the petition was dismissed because of mistaken identity;
   3. (3) the petition was dismissed because no delinquent act was actually committed; or
   4. (4) the petition was dismissed for lack of probable cause.

2. (b) If the child has a record of prior arrests or if another charge is pending against the child, the law enforcement agency does not have to destroy the child's fingerprints or photographs.

   [Pre-1997 Recodification Citation: 31-6-8-1.5(d), (e) part.]

As added by P.L.1-1997, SEC.22.