Maine Revised Statutes Title 25 Sec. 1705 – Authorized criminal history record disclosures
Current as of: 2023 | Check for updates
|
Other versions
1. Release by FBI to state criminal history record repositories. To the extent authorized by the Privacy Act of 1974, 5 United States Code § 552a, the FBI shall provide on request criminal history records, excluding sealed criminal history record information, to state criminal history record repositories for noncriminal justice purposes allowed by federal statute, federal executive order or a state statute that has been approved by the Attorney General to ensure that the state statute explicitly authorizes national indices checks.
[PL 2001, c. 372, §3 (NEW).]
Terms Used In Maine Revised Statutes Title 25 Sec. 1705
- Attorney General: means the Attorney General of the United States. See Maine Revised Statutes Title 25 Sec. 1703
- Compact officer: means :
A. See Maine Revised Statutes Title 25 Sec. 1703Council: means the compact council established under section 1707. 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 Criminal justice: means activities relating to the detection, apprehension, detention, pretrial release, posttrial release, prosecution, adjudication, correctional supervision or rehabilitation of accused persons or criminal offenders. See Maine Revised Statutes Title 25 Sec. 1703 Executive order: means an order of the President of the United States or the chief executive officer of a state that has the force of law and that is promulgated in accordance with applicable law. See Maine Revised Statutes Title 25 Sec. 1703 FBI: means the Federal Bureau of Investigation. 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 Sealed criminal history record information: means :
A. See Maine Revised Statutes Title 25 Sec. 1703State: 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. United States: includes territories and the District of Columbia. See Maine Revised Statutes Title 1 Sec. 72
2. Release by FBI and state criminal history record repositories to other agencies. The FBI, to the extent authorized by the Privacy Act of 1974, 5 United States Code § 552a and state criminal history record repositories, shall provide criminal history records, excluding sealed criminal history record information, to criminal justice agencies and other governmental or nongovernmental agencies for noncriminal justice purposes allowed by federal statute, federal executive order or a state statute that has been approved by the Attorney General to ensure that the state statute explicitly authorizes national indices checks.
[PL 2001, c. 372, §3 (NEW).]
3. Use for official purposes. Any criminal history record obtained under this compact may be used only for the official purposes for which the criminal history record was requested. Each compact officer shall establish procedures, consistent with this compact and with rules, procedures and standards established by the council under section 1707, that protect the accuracy and privacy of the criminal history records and:
A. Ensure that criminal history records obtained under this compact are used only by authorized officials for authorized purposes; [PL 2001, c. 372, §3 (NEW).]
B. Require that subsequent criminal history record checks are requested to obtain current information whenever a new need arises; and [PL 2001, c. 372, §3 (NEW).]
C. Ensure that criminal history record entries that may not legally be used for a particular noncriminal justice purpose are deleted from the response and, if no information authorized for release remains, an appropriate “no record” response is communicated to the requesting official. [PL 2001, c. 372, §3 (NEW).]
[PL 2001, c. 372, §3 (NEW).]
SECTION HISTORY
PL 2001, c. 372, §3 (NEW).