43.535. Municipal and county government, MULES criminal record review permitted, fee--fingerprinting, when--confidentiality. permitted--fee--fingerprinting, when--confidentiality.

Municipal and county government, MULES criminal record reviewpermitted, fee--fingerprinting, when--confidentiality.

43.535. 1. Law enforcement agencies within the state of Missouri mayperform a Missouri criminal record review for only open records through theMULES system for the purpose of hiring of municipal or county governmentalemployees. For each request, other than those related to theadministration of criminal justice, the requesting entity shall pay a feeto the central repository, pursuant to section 43.530. For purposes ofthis section, "requesting entity" shall not be the law enforcement agencyunless the request is made by the law enforcement agency for purposes ofhiring law enforcement personnel.

2. Municipalities and counties may, by local or county ordinance,require the fingerprinting of applicants or licensees in specifiedoccupations for the purpose of receiving criminal history recordinformation by local or county officials. A copy of the ordinance must beforwarded for approval to the Missouri state highway patrol prior to thesubmission of fingerprints to the central repository. The local or countylaw enforcement agency shall submit a set of fingerprints of the applicantor licensee, accompanied with the appropriate fees, to the centralrepository for the purpose of checking the person's criminal history. Theset of fingerprints shall be used to search the Missouri criminal recordsrepository and shall be submitted to the Federal Bureau of Investigation tobe used for searching the federal criminal history files if necessary. Thefingerprints shall be submitted on forms and in the manner prescribed bythe Missouri state highway patrol. Notwithstanding the provisions ofsection 610.120, RSMo, all records related to any criminal historyinformation discovered shall be accessible and available to the municipalor county officials making the record request.

3. All criminal record check information shall be confidential andany person who discloses the information beyond the scope allowed is guiltyof a class A misdemeanor.

(L. 2005 H.B. 353)