TITLE 67

STATE GOVERNMENT AND STATE AFFAIRS

CHAPTER 30

CRIMINAL HISTORY RECORDS AND CRIME INFORMATION

67-3008.  Release of criminal history record information. (1) All units of state, city and local governments, as well as any agency of the state created by the legislature which require by statute, rule, or local or county ordinance, fingerprinting of applicants or licensees, are authorized to submit fingerprints to the bureau for examination and further submission, if necessary, to the federal bureau of investigation. The bureau shall be the state’s sole source of fingerprint submissions for criminal justice and applicant or licensing purposes to the federal bureau of investigation.

(2)  The department shall provide copies of or communicate information from criminal history records to the following:

(a)  Criminal justice agencies and the court;

(b)  A person or public or private agency, upon written application on a form approved by the director and provided by the department, subject to the following restrictions:

(i)   A request for criminal history records must be submitted in writing or as provided by rule. However, the department shall accept a request presented in person by the subject of the record; and

(ii)  The request must identify a specific person by name and date of birth. Fingerprints of the person named may be required to establish positive identification; and

(iii) Responding to the request does not interfere with the secure and orderly conduct of the department and would not substantially prejudice or prevent the carrying out of the functions of the department; and

(iv)  A record of an arrest that does not contain a disposition after twelve (12) months from the date of arrest may only be disseminated by the department to criminal justice agencies, to the subject of the record, or to a person requesting the criminal history information with a signed release from the subject of the record; and

(v)   Any release of criminal history data by the department shall prominently display the statement: "AN ARREST WITHOUT DISPOSITION IS NOT AN INDICATION OF GUILT."

(3)  Judicial review of the department’s denial of a request for records shall be in accordance with the provisions of section 74-115, Idaho Code.

(4)  A request for a criminal history record by a criminal justice agency or a court shall take precedence over all other requests. The department shall adopt rules to set forth the manner by which criminal justice agencies and courts without direct access to the public safety and security information system established by section 19-5202, Idaho Code, may request Idaho criminal history record information.

(5)  Unless otherwise provided by law, access authorized under this section to criminal history records does not create a duty upon a person, employer, private agency, or public agency to examine the criminal history record of an applicant, employee or volunteer.

(6)  A person or private agency, or public agency, other than the department, shall not disseminate criminal history record information obtained from the department to a person or agency that is not a criminal justice agency or a court without a signed release of the subject of record or unless otherwise provided by law.

(7)  Direct access to criminal history record information is regulated by chapter 52, title 19, Idaho Code, and the rules adopted pursuant to that chapter.

History:

[67-3008, added 1999, ch. 249, sec. 2, p. 643; am. 2005, ch. 115, sec. 7, p. 375; am. 2015, ch. 141, sec. 171, p. 514.]