2005 Idaho Code - 67-3008 — RELEASE OF CRIMINAL HISTORY RECORD INFORMATION

                                  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 9-343, 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.