California Welfare and Institutions Code 787 – (a) Notwithstanding any other law, a record sealed pursuant to …
(a) Notwithstanding any other law, a record sealed pursuant to Section 781, 786, or 786.5 may be accessed by a law enforcement agency, probation department, court, the Department of Justice, or other state or local agency that has custody of the sealed record for the limited purpose of complying with data collection or data reporting requirements that are imposed by other provisions of law. However, no personally identifying information from a sealed record accessed under this subdivision may be released, disseminated, or published by or through an agency, department, court, or individual that has accessed or obtained information from the sealed record.
(b) Notwithstanding any other law, a court may authorize a researcher or research organization to access information contained in records that have been sealed pursuant to Section 781, 786, or 786.5 for the purpose of conducting research on juvenile justice populations, practices, policies, or trends, if both of the following are true:
Terms Used In California Welfare and Institutions Code 787
- Custody: means physical custody or legal custody or both, under any applicable tribal law or tribal custom or state law. See California Welfare and Institutions Code 224.1
- Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
(1) The court is satisfied that the research project or study includes a methodology for the appropriate protection of the confidentiality of an individual whose sealed record is accessed pursuant to this subdivision.
(2) Personally identifying information relating to the individual whose sealed record is accessed pursuant to this subdivision is not further released, disseminated, or published by or through the researcher or research organization.
(c) For the purposes of this section “personally identifying information” has the same meaning as in § 1798.79.8 of the Civil Code.
(Amended by Stats. 2018, Ch. 1002, Sec. 2. (AB 2952) Effective January 1, 2019.)
