Idaho Administrative Code
Title IDAPA 16 - Health and Welfare, Department of
Rule 16.05.06 - CRIMINAL HISTORY AND BACKGROUND CHECKS
Section 16.05.06.300 - BACKGROUND CHECK RECORDS

Universal Citation: ID Admin Code 16.05.06.300

Current through August 31, 2023

Background checks done under this chapter become the property of the Department and are held confidential. (3-28-23)

01. Release of Background Check Records. A copy of the background check as defined in Section 010 of these rules will be released: (3-28-23)

a. To the individual who has requested the background check and upon receipt of a written request to the Department, provided the individual releases the state from all liability; (3-28-23)

b. In response to a subpoena issued by a court of competent jurisdiction; or (3-28-23)

c. As otherwise required by law. (3-28-23)

02. Department Retention of Records. The Department will preserve all applicant background check records for six (6) years. (3-28-23)

03. Use and Dissemination Restrictions for FBI Criminal Identification Records. According to 28 CFR 50.12, the Department will: (3-28-23)

a. Notify the individual fingerprinted that the fingerprints will be used to check the criminal history records of the FBI; (3-28-23)

b. In determining the suitability for licensing or employment, provide the individual the opportunity to complete or challenge the accuracy of the information contained in the FBI identification record; (3-28-23)

c. Notify the individual that they have fifteen (15) days to correct or complete the FBI identification record or to decline to do so; and (3-28-23)

d. Advise the individual who wishes to correct the FBI identification record that procedures for changing, correcting, or updating are provided in 28 CFR 16.34. (3-28-23)

Disclaimer: These regulations may not be the most recent version. Idaho may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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