Title 35, Chapter 3, Section 35
( 35-3-35)
(a) The center shall be authorized to: (1) Make criminal history records maintained by the center
available to public agencies, political subdivisions, authorities,
and instrumentalities, including state or federal licensing and
regulatory agencies or their designated representatives, under the
following conditions: (A) Public agencies or political subdivisions shall, at the time
of the request, provide the fingerprints of the person whose
records are requested or provide a signed consent of the person
whose records are requested on a form prescribed by the center
which shall include such person's full name, address, social
security number, and date of birth; (B) The center may not provide records of arrests, charges, or
sentences for crimes relating to first offenders pursuant to
Article 3 of Chapter 8 of Title 42 in cases where offenders have
been exonerated and discharged without court adjudications of
guilt, except as specifically authorized by law; and (C) When the identifying information provided is sufficient to
identify persons whose records are requested electronically, the
center may disseminate electronically criminal history records
of in-state felony convictions, pleas, and sentences without: (i) Fingerprint comparison; or (ii) Consent of the person whose records are requested; (1.1) Make criminal history records maintained by the center
available to any county board of registrars or county board of
registration and election. The making of an application for voter
registration shall be deemed to be consent of the person making
the application to release such records to the county board of
registrars or county board of registration and election. Such
records shall be requested for the sole purpose of verification of
information provided on voter registration cards by registration
applicants; and (2) Charge fees for disseminating records pursuant to this Code
section which will raise an amount of revenue which approximates,
as nearly as practicable, the direct and indirect costs to the
state for providing such disseminations. (b) In the event an employment or licensing decision is made adverse
to a person whose record was obtained pursuant to this Code section,
the person will be informed by the public agency, political
subdivision, authority or instrumentality, or licensing or
regulatory agency making the adverse employment decision of all
information pertinent to that decision. This disclosure shall
include information that a record was obtained from the center, the
specific contents of the record, and the effect the record had upon
the decision. Failure to provide all such information to the person
subject to the adverse decision shall be a misdemeanor. (c) Neither the center, its employees, nor any agency or employee of
the state shall be responsible for the accuracy of information
disseminated nor have any liability for defamation, invasion of
privacy, negligence, nor any other claim in connection with any
dissemination pursuant to this Code section and shall be immune from
suit based upon such claims. (d) Local criminal justice agencies may disseminate criminal history
records to public agencies, political subdivisions, authorities, and
instrumentalities, including state or federal licensing and
regulatory agencies under the same conditions as set forth in
paragraph (1) of subsection (a) of this Code section and may charge
fees as necessary to reimburse such agencies for their direct and
indirect costs associated with providing such disseminations. (d.1) When identifying information provided is sufficient to
identify persons whose records are requested, local criminal justice
agencies may disseminate criminal history records of in-state felony
convictions, pleas, and sentences without: (1) Fingerprint comparison; (2) Prior contact with the center; or (3) Consent of the person whose records are requested. Such information may be disseminated to entities to which such
records may be made available under subsection (d) of this Code
section under the conditions specified in subparagraph (a)(1)(B) of
this Code section upon payment of the fee for the request and when
the request is made upon a form prescribed by the center. Such
agencies may charge and retain fees as needed to reimburse such
agencies for the direct and indirect costs of providing such
information and shall have the same immunity therefor as provided in
subsection (c) of this Code section. (d.2) No fee charged pursuant to this Code section may exceed $20.00
per person whose criminal history record is requested or be charged
to any person or entity authorized prior to January 1, 1995, to
obtain information pursuant to this Code section without payment of
such fee. (e) The council is empowered to adopt rules, regulations, and forms
necessary to implement this Code section. |