Browse Arkansas Code titles and sections
18 U.S.C. § 5038 — Use of juvenile records
Federal law — U.S. Code and appendices · legal_authorities
**(a)** Throughout and upon the completion of the juvenile delinquency proceeding, the records shall be safeguarded from disclosure to unauthorized persons. The records shall be released to the extent necessary to meet the following circumstances:
(1) inquiries received from another court of law;
(2) inquiries from an agency preparing a presentence report for another court;
(3) inquiries from law enforcement agencies where the request for information is related to the investigation of a crime or a position within that agency;
(4) inquiries, in writing, from the director of a treatment agency or the director of a facility to which the juvenile has been committed by the court;
(5) inquiries from an agency considering the person for a position immediately and directly affecting the national security; and
(6) inquiries from any victim of such juvenile delinquency, or if the victim is deceased from the immediate family of such victim, related to the final disposition of such juvenile by the court in accordance with section 5037.
Unless otherwise authorized by this section, information about the juvenile record may not be released when the request for information is related to an application for employment, license, bonding, or any civil right or privilege. Responses to such inquiries shall not be different from responses made about persons who have never been involved in a delinquency proceeding.
**(b)** District courts exercising jurisdiction over any juvenile shall inform the juvenile, and his parent or guardian, in writing in clear and nontechnical language, of rights relating to his juvenile record.
**(c)** During the course of any juvenile delinquency proceeding, all information and records relating to the proceeding, which are obtained or prepared in the discha
Source: Supplied U.S. Code snapshot — release unconfirmed · 18 U.S.C. § 5038
Stored review status: release_metadata_unconfirmed. A text match is a research starting point; applicability is not established.
Original supplied file — preserved unchanged
Download original Markdown file
File SHA-256: 28c579cdcff1f6dcafa343a691099334e57cf409f464f2b19d15980f3b70066e. The original may include catalog metadata, neighboring provisions, or embedded records outside this collection's scope. Search shows only the selected federal record. Historical editions and unverified snapshots are not a statement of current law.
Authority boundary: historical or unconfirmed source not current law verified.
Open the recorded source website ↗
Record provenance
Stable record: federal_law:legal_authorities:record_usc_a411eccfe0780c77ebcde140
Source file: Laws/federal/codes/united-states-code/title-18/section-5038-use-of-juvenile-records--91663ff696.md
Pages: Not recorded – Not recorded
Passage SHA-256: fcd8f73dd6f2d1b728be14f7744f9be38fded72eaba3f9bac7c0008963192ae6
Source location: Title 18, Chapter 403, § 5038; chapter-403-juvenile-delinquency.md
Stored source content
**(a)** Throughout and upon the completion of the juvenile delinquency proceeding, the records shall be safeguarded from disclosure to unauthorized persons. The records shall be released to the extent necessary to meet the following circumstances:
(1) inquiries received from another court of law;
(2) inquiries from an agency preparing a presentence report for another court;
(3) inquiries from law enforcement agencies where the request for information is related to the investigation of a crime or a position within that agency;
(4) inquiries, in writing, from the director of a treatment agency or the director of a facility to which the juvenile has been committed by the court;
(5) inquiries from an agency considering the person for a position immediately and directly affecting the national security; and
(6) inquiries from any victim of such juvenile delinquency, or if the victim is deceased from the immediate family of such victim, related to the final disposition of such juvenile by the court in accordance with section 5037.
Unless otherwise authorized by this section, information about the juvenile record may not be released when the request for information is related to an application for employment, license, bonding, or any civil right or privilege. Responses to such inquiries shall not be different from responses made about persons who have never been involved in a delinquency proceeding.
**(b)** District courts exercising jurisdiction over any juvenile shall inform the juvenile, and his parent or guardian, in writing in clear and nontechnical language, of rights relating to his juvenile record.
**(c)** During the course of any juvenile delinquency proceeding, all information and records relating to the proceeding, which are obtained or prepared in the discharge of an official duty by an employee of the court or an employee of any other governmental agency, shall not be disclosed directly or indirectly to anyone other than the judge, counsel for the juvenile and the Government, or others entitled under this section to receive juvenile records.
**(d)** Whenever a juvenile is found guilty of committing an act which if committed by an adult would be a felony that is a crime of violence or an offense described in section 401 of the Controlled Substances Act or section 1001(a), 1005, or 1009 of the Controlled Substances Import and Export Act, such juvenile shall be fingerprinted and photographed. Except a juvenile described in subsection (f), fingerprints and photographs of a juvenile who is not prosecuted as an adult shall be made available only in accordance with the provisions of subsection (a) of this section. Fingerprints and photographs of a juvenile who is prosecuted as an adult shall be made available in the manner applicable to adult defendants.
**(e)** Unless a juvenile who is taken into custody is prosecuted as an adult neither the name nor picture of any juvenile shall be made public in connection with a juvenile delinquency proceeding.
**(f)** Whenever a juvenile has on two separate occasions been found guilty of committing an act which if committed by an adult would be a felony crime of violence or an offense described in section 401 of the Controlled Substances Act or section 1001(a), 1005, or 1009 of the Controlled Substances Import and Export Act, or whenever a juvenile has been found guilty of committing an act after his 13th birthday which if committed by an adult would be an offense described in the second sentence of the fourth paragraph of [section 5032 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title18-section5032&num=0&edition=prelim), the court shall transmit to the Federal Bureau of Investigation the information concerning the adjudications, including name, date of adjudication, court, offenses, and sentence, along with the notation that the matters were juvenile adjudications.
Cross-references
Connections may be documented source relationships, shared citations or nearby passages. Each explains its basis; a connection alone does not establish applicability to your situation.
Federal law — U.S. Code and appendices · legal_authorities
**(a)** The Congress finds the following:
(1) Although the juvenile violent crime arrest rate in 1999 was the lowest in the decade, there remains a consensus that the number of crimes and the rate of offending by juveniles nationwide is still too high.
(2) According to the Office of Juvenile Justice and Delinquency Prevention, allowing 1 youth to leave school for a life of crime and of drug abuse costs society $1,700,000 to $2,300,000 annually.
(3) One in every 6 individuals (16.2 percent) arrested for committing violent crime in 1999 was less than 18 years of age. In 1999, juveniles accounted for 9 percent of murder arrests, 17 percent of forcible rape arrests, 25 percent of robbery arrest, 14 percent of aggravated assault arrests, and 24 percent of weapons arrests.
(4) More than ½ of juvenile murder victims are killed with firearms. Of the nearly 1,800 murder victims less than 18 years of age, 17 percent of the victims less than 13 years of age were murdered with a firearm, and 81 percent of the victims 13 years of age or older were killed with a firearm.
(5) Juveniles accounted for 13 percent of all drug abuse violation arrests in 1999. Between 1990 and 1999, juvenile arrests for drug abuse violations rose 132 percent.
(6) Over the last 3 decades, youth gang problems have increased nationwide. In the 1970’s, 19 States reported youth gang problems. By the late 1990’s, all 50 States and the District of Columbia reported gang problems. For the same period, the number of cities reporting youth gang problems grew 843 percent, and the number of counties reporting gang problems increased more than 1,000 percent.
(7) According to a national crime survey of individuals 12 years of age or older during 1999, those 12 to 19 years old are victims of violent crime at higher
Source: Supplied U.S. Code snapshot — release unconfirmed · 34 U.S.C. § 11101
Stored review status: release_metadata_unconfirmed. Explicit cross-reference supplied in source Markdown; currentness and applicability require review.
Federal law — U.S. Code and appendices · legal_authorities
A juvenile alleged to have committed an act of juvenile delinquency, other than a violation of law committed within the special maritime and territorial jurisdiction of the United States for which the maximum authorized term of imprisonment does not exceed six months, shall not be proceeded against in any court of the United States unless the Attorney General, after investigation, certifies to the appropriate district court of the United States that (1) the juvenile court or other appropriate court of a State does not have jurisdiction or refuses to assume jurisdiction over said juvenile with respect to such alleged act of juvenile delinquency, (2) the State does not have available programs and services adequate for the needs of juveniles, or (3) the offense charged is a crime of violence that is a felony or an offense described in section 401 of the Controlled Substances Act ([21 U.S.C. 841](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title21-section841&num=0&edition=prelim)), or section 1002(a), 1003, 1005, 1009, or 1010(b)(1), (2), or (3) of the Controlled Substances Import and Export Act ([21 U.S.C. 952(a)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title21-section952/a&num=0&edition=prelim), 953, 955, 959, 960(b)(1), (2), (3)), section 922(x) or section 924(b), (g), or (h) of this title, and that there is a substantial Federal interest in the case or the offense to warrant the exercise of Federal jurisdiction.
Source: Supplied U.S. Code snapshot — release unconfirmed · 18 U.S.C. § 5032
Stored review status: release_metadata_unconfirmed. Explicit cross-reference supplied in source Markdown; currentness and applicability require review.
Federal law — U.S. Code and appendices · legal_authorities
**(a) Unlawful acts** Except as authorized by this subchapter, it shall be unlawful for any person knowingly or intentionally—
(1) to manufacture, distribute, or dispense, or possess with intent to manufacture, distribute, or dispense, a controlled substance; or
(2) to create, distribute, or dispense, or possess with intent to distribute or dispense, a counterfeit substance.
**(b) Penalties** Except as otherwise provided in section 849, 859, 860, or 861 of this title, any person who violates subsection (a) of this section shall be sentenced as follows:
(1)
(A) In the case of a violation of subsection (a) of this section involving—
(i) 1 kilogram or more of a mixture or substance containing a detectable amount of heroin;
(ii) 5 kilograms or more of a mixture or substance containing a detectable amount of—
(I) coca leaves, except coca leaves and extracts of coca leaves from which cocaine, ecgonine, and derivatives of ecgonine or their salts have been removed;
(II) cocaine, its salts, optical and geometric isomers, and salts of isomers;
(III) ecgonine, its derivatives, their salts, isomers, and salts of isomers; or
(IV) any compound, mixture, or preparation which contains any quantity of any of the substances referred to in subclauses (I) through (III);
(iii) 280 grams or more of a mixture or substance described in clause (ii) which contains cocaine base;
(iv) 100 grams or more of phencyclidine (PCP) or 1 kilogram or more of a mixture or substance containing a detectable amount of phencyclidine (PCP);
(v) 10 grams or more of a mixture or substance containing a detectable amount of lysergic acid diethylamide (LSD);
(vi) 400 grams or more of a mixture or substance containing a detectable amount of N-phenyl-N- [
Source: Supplied U.S. Code snapshot — release unconfirmed · 21 U.S.C. § 841
Stored review status: release_metadata_unconfirmed. Explicit cross-reference supplied in source Markdown; currentness and applicability require review.
Federal law — U.S. Code and appendices · legal_authorities
Page 953
TITLE 18—CRIMES AND CRIMINAL PROCEDURE
§ 5038
personal traits, his capabilities, his background,
any previous delinquency or criminal experi-
ence, any mental or physical defect, and any
other relevant factors. The Attorney General
shall submit to the court and the attorneys for
the juvenile and the Government the results of
the study within thirty days after the commit-
ment of the juvenile, unless the court grants ad-
ditional time.
(June 25, 1948, ch. 645, 62 Stat. 858; Pub. L. 93–415,
title V, § 507, Sept. 7, 1974, 88 Stat. 1136; Pub. L.
98–473, title II, § 214(a), Oct. 12, 1984, 98 Stat. 2013;
Pub. L. 99–646, § 21(a), Nov. 10, 1986, 100 Stat. 3596;
Pub. L. 104–294, title VI, § 604(b)(40), Oct. 11, 1996,
110 Stat. 3509; Pub. L. 107–273, div. C, title II,
§ 12301, Nov. 2, 2002, 116 Stat. 1896.)
HISTORICAL AND REVISION NOTES
Based on title 18, U.S.C., 1940 ed., § 927 (June 16, 1938,
ch. 486, § 7, 52 Stat. 766).
Reference to section establishing the Board of Parole
was omitted as unnecessary.
Minor changes were made in phraseology.
Editorial Notes
AMENDMENTS
2002—Subsec. (a). Pub. L. 107–273, § 12301(1), in second
sentence, struck out ‘‘enter an order of restitution pur-
suant to section 3556,’’ after ‘‘findings of juvenile delin-
quency,’’ and inserted ‘‘which may include a term of ju-
venile delinquent supervision to follow detention’’ after
‘‘official detention’’, and inserted after second sentence
‘‘In addition, the court may enter an order of restitu-
tion pursuant to section 3556.’’
Subsec. (b). Pub. L. 107–273, § 12301(2), added con-
cluding provisions and struck out former concluding
provisions which read as follows: ‘‘The provisions deal-
ing with probation set forth in sections 3563, 3564, and
3565 are applicable to an order
Source: Supplied 2024 U.S. Code historical extraction · 18 U.S.C. § 5038
Stored review status: historical_2024_not_currentness_verified. Same stored citation; legal effect and authority still require review.