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Title 28 Part 904

Title 28 → Chapter IX → Part 904

Electronic Code of Federal Regulations e-CFR

Title 28 Part 904

e-CFR data is current as of August 13, 2018

Title 28Chapter IX → Part 904


Title 28: Judicial Administration


PART 904—STATE CRIMINAL HISTORY RECORD SCREENING STANDARDS


Contents
§904.1   Purpose and authority.
§904.2   Interpretation of the criminal history record screening requirement.
§904.3   State criminal history record screening standards.

Authority: 42 U.S.C. 14616.

Source: 70 FR 36028, June 22, 2005, unless otherwise noted.

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§904.1   Purpose and authority.

Pursuant to the National Crime Prevention and Privacy Compact (Compact), title 42, U.S.C., chapter 140, subchapter II, section 14616, Article IV (c), the Compact Council hereby establishes record screening standards for criminal history record information received by means of the III System for noncriminal justice purposes.

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§904.2   Interpretation of the criminal history record screening requirement.

Compact Article IV(c) provides that “Any record obtained under this Compact may be used only for the official purposes for which the record was requested.” Further, Article III(b)(1)(C) requires that each Party State appoint a Compact officer who shall “regulate the in-State use of records received by means of the III System from the FBI or from other Party States.” To ensure compliance with this requirement, Compact Officers receiving records from the FBI or other Party States are specifically required to “ensure that 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.” Compact Article IV(c)(3).

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§904.3   State criminal history record screening standards.

The following record screening standards relate to criminal history record information received for noncriminal justice purposes as a result of a national search subject to the Compact utilizing the III System.

(a) The State Criminal History Record Repository or an authorized agency in the receiving state will complete the record screening required under §904.2 for all noncriminal justice purposes.

(b) Authorized officials performing record screening under §904.3(a) shall screen the record to determine what information may legally be disseminated for the authorized purpose for which the record was requested. Such record screening will be conducted pursuant to the receiving state's applicable statute, executive order, regulation, formal determination or directive of the state attorney general, or other applicable legal authority.

(c) If the state receiving the record has no law, regulation, executive order, state attorney general directive, or other legal authority providing guidance on the screening of criminal history record information received from the FBI or another state as a result of a national search, then the record screening under §904.3(a) shall be performed in the same manner in which the state screens its own records for noncriminal justice purposes.

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