Oklahoma Administrative Code
Title 375 - Oklahoma State Bureau of Investiation
Chapter 9 - Oklahoma Open Records
Subchapter 1 - Criminal History Records
Section 375:9-1-3.1 - Challenges to the correctness and/or completeness of criminal history records

Universal Citation: OK Admin Code 375:9-1-3.1

Current through Vol. 42, No. 1, September 16, 2024

(a) Who may challenge the correctness and/or completeness of criminal history records. Only those persons, their parent(s) in the case of a minor, their attorney(s), or their legal guardian(s) whose records are in questions may challenge the correctness and/or completeness of their criminal history records.

(b) Procedure to challenge the correctness or completeness when the identify of the person identified in the record is not in question.

(1) All documentation identified in this subsection shall be delivered or mailed to the OSBI at the following address: Oklahoma State Bureau of Investigation, Criminal History Management Unit, 6600 N. Harvey, Suite 140, Oklahoma City, Oklahoma 73116. Persons identified in subsections (a) of this section who believed their criminal history record(s) to be incorrect and/or incomplete may seek to correct or supplement the records by providing the OSBI with certified copies of the following official documents pertaining to the applicant's case. Included with this documentation, the person must also provide his or her current mailing address to the OSBI. Persons who fail to provide such address will not have their requests processed.
(A) Fingerprint card submissions;

(B) Certified court documents;

(C) Arrest Disposition Reporting System (ADRS) entries;

(D) Official documents from a District Attorney (internal forms or letters on District Attorney letterhead with an original signature of the District Attorney or Assistant District Attorney may be submitted along with a certified document from the court clerk indicating no court records are available; or

(E) Official documents from an arresting agency (internal forms or letters on letterhead with an original signature of the agency head or the agency head's designees may be submitted along with a certified document from the court clerk indicating no court records are available).

(2) The OSBI shall review the documentation provided by the person(s) challenging the record and shall take appropriate action to correct and/or supplement the criminal records when the OSBI deems it appropriate.

(c) Procedure to challenge the correctness or completeness when the identity of the person identified in the records is in question.

(1) If an individual claims not to be the same person as identified on a criminal history record despite matching identifying information in the record, an accuracy check shall be performed as follows:
(A) The individual must present themselves, a valid government issued photo identification, and their social security card to the OSBI during regular business hours of the OSBI at the following address: Oklahoma State Bureau of Investigation, Criminal History Management Unit, 6600 N. Harvey, Oklahoma City, Oklahoma 73116.
(i) Individuals who are unable to present themselves to the OSBI during regular business hours without undue burden may request to present themselves, a valid government issued photo identification, and their social security card to an alternate law enforcement agency. The Director of the Information Services Division of the OSBI or his/her designee shall review and approve/deny such requests. If approved, the Director or designee will specify which law enforcement agency the individual will use for being fingerprinted as set forth in these rules.

(ii) Any such alternative location so approved shall forward the fingerprints, along with a copy of the individual's government issued photo identification, social security card and photo of the individual directly to the following address: Oklahoma State Bureau of Investigation, Criminal History Management Unit, 6600 N. Harvey, Oklahoma City, Oklahoma 73116. A letter, written on agency letterhead, shall accompany the documentation and shall identify the law enforcement officer(s) who met with and fingerprinted the individual. Such fingerprints shall not be returned to the person so fingerprinted except by the OSBI, after following the procedure to verify the accuracy of a criminal history record as set forth in these rules.

(B) The individual will be fingerprinted and have his/her government issued photo identification and social security card verified by OSBI personnel or alternative personnel approved on a case-by-case basis by the Director of the Information Services Division of the OSBI or his designee.

(C) The prints of the individual will be compared to the fingerprints associated with the contested criminal history record.

(D) If it is determined that the individual contesting the records is the same person identified in the contested criminal history records, the individual will be notified accordingly.

(E) If it is determined that the individual contesting the records is not the same person identified in the contested criminal history record, the individual's fingerprints taken by OSBI or designated law enforcement personnel will be processed through OSBI AFIS to determine if the individual is the subject of any other criminal history record.

(F) if a check of those prints through OSBI AFIS indicates the individual is the subject of some other criminal history records, but not the contested record which the person contends inaccurately identifies him, the Director of the OSBI may direct that the contested information be taken off the public record and not disseminated to members of the general public. Any documentation supporting such a decision shall be retained by the OSBI and made available to law enforcement agencies and District Attorney offices for criminal justice purposes.

(G) If a check of those prints through OSBI AFIS indicates the individual has not criminal history record, the fingerprints care will be stamped with a stamp that indicates a search of that fingerprint card through OSBI reveals that the individual does not have an arrest record in the files of the OSBI and that the individual is not the same person associated with the contested criminal history record now determined to be inaccurate. The individual will also be provided with a letter on official OSBI letterhead indicating the same information.

(H) If a check of those prints through OSBI AFIS indicates that individual has no criminal history record, the Director of the OSBI my direct that the records be taken off the public record and not disseminated to members of the general public. Any documentation supporting such a decision shall be retained by the OSBI and made available to law enforcement agencies and District Attorney offices for criminal justice purposes.

(d) Obtaining a copy of an individual's own criminal history for the purpose of checking accuracy.

(1) An individual may request a copy of his or her own criminal history record for the purposes of checking the accuracy of such record.

(2) An individual shall be provided with one copy of such record free of charge. All other requests for the criminal history record by the individual shall require payment of the fee as set forth by administrative rule unless the criminal history record reflects new information that has been added or modified as a direct result of documentation provided by the individual since the last free copy was provided. In that case, another free copy of the criminal history record shall be provided.

(3) Any such copy of a criminal history record obtained for the purpose of checking its accuracy shall not be sued for any other purpose and shall not be given to any other person. Such criminal history records shall be stamped with a stamp indicating that the record is not to be used for employment or other purposes.

(4) If a request for a criminal history record is made in order to check the accuracy of the record and the check indicates that no record exists, the person requesting the record shall be informed of that fact verbally. If the person wishes to obtain further documentation of that fact, they shall pay a record search fee as set forth by administrative rule.

Added at 5 Ok Reg 3241, eff 7-13-98; Amended at 17 Ok Reg 883, eff 1-26-00 (emergency); Amended at 17 Ok Reg 2540, eff 6-26-00

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