16 §612. Application

Title 16: COURT PROCEDURE -- EVIDENCE

Chapter 3: RECORDS AND OTHER DOCUMENTS

Subchapter 8: CRIMINAL HISTORY RECORD INFORMATION ACT

§612. Application

1. Criminal justice agencies. This subchapter shall apply only to criminal justice agencies.

[ 1979, c. 433, §2 (NEW) .]

2. Exceptions. This subchapter shall not apply to criminal history record information contained in:

A. Posters, announcements or lists for identifying or apprehending fugitives or wanted persons; [1979, c. 433, §2 (NEW).]

B. Original records of entry, such as police blotters, that are maintained by criminal justice agencies and that are compiled and organized chronologically; [1979, c. 433, §2 (NEW).]

C. Records, retained at and by the District Court and Superior Court, of public judicial proceedings, including, but not limited to, docket entries and original court files; [1979, c. 433, §2 (NEW).]

D. Court or administrative opinions not impounded or otherwise declared confidential; [1979, c. 433, §2 (NEW).]

E. Records of public administrative or legislative proceedings; [1979, c. 433, §2 (NEW).]

F. Records of traffic offenses retained at and by the Secretary of State; and [1979, c. 433, §2 (NEW).]

G. Peitions for and warrants of pardons, commutations, reprieves and amnesties. [1979, c. 433, §2 (NEW).]

[ 1979, c. 433, §2 (NEW) .]

3. Permissible disclosure. Nothing in this subchapter shall be construed to prohibit a criminal justice agency from:

A. Disclosing to the public criminal history record information related to an offense for which a person is currently within the criminal justice system; [1979, c. 433, §2 (NEW).]

B. Confirming prior criminal history record information to the public, in response to a specific inquiry that includes a specific name, date and charge or disposition, provided that the information disclosed is based upon data excluded by subsection 2. The disclosing criminal justice agency shall disclose therewith any and all criminal history record information in its possession which indicates the disposition of the arrest, detention or formal charges; and [1979, c. 433, §2 (NEW).]

C. Disseminating criminal history record information for purposes of international travel such as issuing visas and granting of citizenship. [1979, c. 433, §2 (NEW).]

[ 1979, c. 433, §2 (NEW) .]

SECTION HISTORY

1979, c. 433, §2 (NEW).