Melrose Park, IL asked in Criminal Law and Gov & Administrative Law for California

Q: Is CJIS data for deceased persons, such as fingerprints protected by law from being released to family?

The family member is a retired custody commander of the arresting agency, seeking the fingerprints of a deceased family member who was held in the agency custody facility.

1 Lawyer Answer
James L. Arrasmith
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Criminal Law Lawyer
  • Sacramento, CA
  • Licensed in California

A: Under California law, the Criminal Justice Information Services (CJIS) data, which includes fingerprints, is generally protected and not released to the public, including family members. This protection applies even after the individual's death. The primary concern is to maintain the confidentiality and integrity of criminal justice records.

However, there may be exceptions under certain circumstances. For example, a court order might allow the release of such information. If the family member has a compelling reason, they might consider filing a request with the court.

Given the family member's background as a retired custody commander, it's important to follow the same legal procedures as any other member of the public. Their prior position does not automatically grant access to protected CJIS data. It's advisable to consult with a legal professional to explore all possible avenues and understand the legal framework surrounding such requests.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.