Indiana Administrative Code
Title 240 - STATE POLICE DEPARTMENT
Article 6 - CRIMINAL HISTORY RECORD INFORMATION
Rule 1.1 - Criminal History Record Information
Section 1.1-5 - Review of information by subject of record
Universal Citation: 240 IN Admin Code 1.1-5
Current through March 20, 2024
Authority: IC 10-11-2-10; IC 10-13-3
Affected: IC 4-1-6; IC 5-14-3
Sec. 5.
(a) Each individual shall have the right to review manual or automated criminal history record information relating to him. The department (central repository) shall make available facilities and personnel necessary to permit such reviews. Such reviews shall be conducted in accordance with the following procedure:
(1) Such reviews shall occur only within the
facilities of the department, central repository, and only under the
supervision and in the presence of a designated employee or agent of the
department. The files and records made available to the individual, shall not
be removed from the premises of the department.
(2) Such reviews may, at the discretion of
the department, be limited to ordinary daylight business hours, excluding
weekends and holidays. Such reviews shall be permitted only after payment of
the required fee for review and copy and after proper verification that the
requesting individual is the subject of the criminal history record information
which he seeks to review.
(3) Such
reviews shall be permitted an individual or his legal representative or legal
counsel only after proper verification that the requesting individual is the
subject of the criminal history record information which he seeks to review. A
legal representative or legal counsel shall have proper notarized legal
documentation as to his capacity to represent such individual.
(4) A record of each such review shall be
maintained by the department. Each record of such review shall be completed and
signed by the supervisory employee or agent present at the review. The form
shall include a recording of the name of the reviewer, the date of the review
and whether or not any exception was taken to the accuracy, completeness or
content of the information reviewed.
(5) The reviewing individual may make written
summary or note in his own handwriting of the information reviewed, and may
take with him such notes. Such individuals may make a copy of the
original.
(6) Each reviewing
individual shall be informed of his rights to challenge under these regulations
[ 240 IAC 6-1.1 ]. Each such individual shall be informed that
he may submit written exceptions as to the information, content, completeness
or accuracy to the criminal justice agency who originated the
information.
(7) Should the
individual elect to submit such exceptions to central repository files, he
shall be furnished the appropriate forms and a copy of that portion which he
wishes to challenge. The individual shall record on the exception form that
portion of the record which he challenges and the reason for such challenge.
One copy of the form shall be forwarded to the review officer of the
department, the second copy shall be forwarded to the hearing committee
chairman and the third copy shall be retained by the central repository. The
department shall in each such case cause to be conducted a review as
established in the procedures for challenges to the accuracy or completeness of
criminal history record information. The individual shall be informed in
writing of the results of the review. Should the audit disclose errors or
omissions in the information, the department shall cause appropriate
alterations or additions to be made to the information and upon request shall
cause notice of such alterations or additions to be given to the individuals
involved, and any other departments in this or any other jurisdiction to which
that criminal history record information has previously been disseminated. Upon
request, the individual will be provided a list of all noncriminal justice
agencies to which this information has been disseminated.
Disclaimer: These regulations may not be the most recent version. Indiana 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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