13 AAC 68.300. Procedures for requesting and disseminating information

(a) A person required to submit a set of fingerprints with a request for criminal justice information shall submit legible fingerprints to the department on a form and in a format provided or approved by the department. Fingerprints may be taken by the department, for the fee established in 13 AAC 68.900, or by another person.

(b) The department will include on each page of a printed report that the department releases under 13 AAC 68.305 - 13 AAC 68.345 the date that the report was created and the total number of pages in the report. The report will include an indication whether an arrest, charge, or conviction included in the report has been verified by fingerprint identification, and the following or similar explanations:

(1) a person may not be presumed to be guilty of an arrest or charge for which a disposition has not been included in the report;

(2) the report is based on information reported to the repository by other criminal justice agencies that has been entered into repository records by the date of the report and may be subject to change after the date of the report;

(3) additional information may be on file with the department's central registries of sex offenders or protective orders, the Federal Bureau of Investigation, or other criminal justice agencies in this or another state; the department will provide information, upon request, regarding procedures to request information from those sources;

(4) questions about specific information in the report should be directed to the agency that reported the information to the repository; and

(5) information in the report may be used only for the purpose or activity for which it was released; it may not be released to another person except as provided under 13 AAC 68.300 - 13 AAC 68.345 or as otherwise provided by state or federal law; misuse of criminal justice information is subject to civil and criminal penalties.

(6) an advisory statment that

(A) the person who is the subject of the report should be given an opportunity to challenge the accuracy of the report before it is used to disqualify that person for a right or privilege;

(B) if the person who is the subject of the report disputes the accuracy of the report, the person should be advised that 13 AAC 68.200 sets out the procedures for requesting a correction, modification, or addition under AS 12.62.170 (b) to criminal justice information.

(c) If the repository disseminates a report described in 13 AAC 68.310 - 13 AAC 68.320 to a person other than the subject of the report, and if the report contains criminal justice information, the repository will send a copy of the report to the subject at the last known mailing address available in APSIN at no charge.

(d) A person that receives a report of criminal justice information under this chapter may request an updated report without submitting an additional set of fingerprints for the subject of the report, if the original report was based on fingerprint identification of the subject. To request an updated report the requester shall provide to the repository

(1) verification that the original report was based on fingerprint identification of the subject;

(2) verification that the requester remains legally authorized to receive the report; and

(3) payment of the fee established in 13 AAC 68.900.

History: Eff. 1/10/97, Register 140; am 11/15/2003, Register 168

Authority: AS 12.62.110

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