§1706. Criminal history record request procedures
1.
Positive identification.
Subject fingerprints or other approved forms of positive identification must be submitted with all requests for criminal history record checks for noncriminal justice purposes.
[PL 2001, c. 372, §3 (NEW).]
2.
Interstate request.
Each request for a criminal history record check utilizing the national indices made under any approved state statute must be submitted through that state's criminal history record repository. A state criminal history record repository shall process an interstate request for noncriminal justice purposes through the national indices only if the request is transmitted through another state criminal history record repository or the FBI.
[PL 2001, c. 372, §3 (NEW).]
3.
Federal agency request.
Each request for criminal history record checks utilizing the national indices made under federal authority must be submitted through the FBI or, if the state criminal history record repository consents to process fingerprint submissions, through the criminal history record repository in the state in which the request originated. Direct access to the national identification index by entities other than the FBI and state criminal history record repositories may not be permitted for noncriminal justice purposes.
[PL 2001, c. 372, §3 (NEW).]
4.
Fee.
A state criminal history record repository or the FBI:
A.
May charge a fee, in accordance with applicable law, for handling a request involving fingerprint processing for noncriminal justice purposes; and
[PL 2001, c. 372, §3 (NEW).]
B.
May not charge a fee for providing criminal history records in response to an electronic request for a record that does not involve a request to process fingerprints.
[PL 2001, c. 372, §3 (NEW).]
[PL 2001, c. 372, §3 (NEW).]
5.
Procedure; unable to identify.
If a state criminal history record repository can not positively identify the subject of a record request made for noncriminal justice purposes, the request, together with fingerprints or other approved identifying information, must be forwarded to the FBI for a search of the national indices. If, with respect to a request forwarded by a state criminal history record repository under subsection 3, the FBI positively identifies the subject as having a III system-indexed record or records:
A.
The FBI shall so advise the state criminal history record repository; and
[PL 2001, c. 372, §3 (NEW).]
B.
The state criminal history record repository is entitled to obtain the additional criminal history record information from the FBI or other state criminal history record repositories.
[PL 2001, c. 372, §3 (NEW).]
[PL 2001, c. 372, §3 (NEW).]
SECTION HISTORY
PL 2001, c. 372, §3 (NEW).