Maine Revised Statutes Title 25 Sec. 1706 – Criminal history record request procedures
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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).]
Terms Used In Maine Revised Statutes Title 25 Sec. 1706
- Criminal history record repository: means the state agency designated by the governor or other appropriate executive official or the legislature of a state to perform centralized recordkeeping functions for criminal history records and services in the state. See Maine Revised Statutes Title 25 Sec. 1703
- Criminal history records: means information, collected by criminal justice agencies on individuals, consisting of identifiable descriptions and notations of arrests, detentions, indictments or other formal criminal charges and any disposition arising therefrom, including acquittal, sentencing, correctional supervision or release. See Maine Revised Statutes Title 25 Sec. 1703
- Direct access: means access to the national identification index by computer terminal or other automated means not requiring the assistance of or intervention by another party or agency. See Maine Revised Statutes Title 25 Sec. 1703
- FBI: means the Federal Bureau of Investigation. See Maine Revised Statutes Title 25 Sec. 1703
- National identification index: means an index maintained by the FBI consisting of names, identifying numbers and other descriptive information relating to subjects who have criminal history records in the III system. See Maine Revised Statutes Title 25 Sec. 1703
- National indices: means the national identification index and the national fingerprint file. See Maine Revised Statutes Title 25 Sec. 1703
- Noncriminal justice purposes: means uses of criminal history records for purposes authorized by federal or state law other than purposes relating to criminal justice activities, including employment suitability, licensing determinations, immigration and naturalization matters and national security clearances. See Maine Revised Statutes Title 25 Sec. 1703
- Positive identification: means a determination, based upon a comparison of fingerprints or other equally reliable biometric identification techniques, that the subject of a criminal history record search is the same person as the subject of a criminal history record or records indexed in the III system. See Maine Revised Statutes Title 25 Sec. 1703
- State: means any state, territory or possession of the United States. See Maine Revised Statutes Title 25 Sec. 1703
- Statute: A law passed by a legislature.
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).