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ROBERT L. EHRLICH, JR., Governor Ch. 450
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RESPONSE AND, IF NO INFORMATION AUTHORIZED FOR RELEASE REMAINS, AN
APPROPRIATE "NO RECORD" RESPONSE IS COMMUNICATED TO THE REQUESTING
OFFICIAL.
10-243.
(A) SUBJECT FINGERPRINTS OR OTHER APPROVED FORMS OF POSITIVE
IDENTIFICATION SHALL BE SUBMITTED WITH ALL REQUESTS FOR CRIMINAL
HISTORY RECORDS CHECKS FOR NONCRIMINAL JUSTICE PURPOSES.
(B) EACH REQUEST FOR A CRIMINAL HISTORY RECORDS CHECK UTILIZING
THE NATIONAL INDICES MADE UNDER ANY APPROVED STATE STATUTE SHALL BE
SUBMITTED THROUGH THAT STATE'S CRIMINAL HISTORY RECORDS REPOSITORY. A
STATE CRIMINAL HISTORY RECORDS REPOSITORY SHALL PROCESS AN INTERSTATE
REQUEST FOR NONCRIMINAL JUSTICE PURPOSES THROUGH THE NATIONAL INDICES
ONLY IF SUCH REQUEST IS TRANSMITTED THROUGH ANOTHER STATE CRIMINAL
HISTORY RECORDS REPOSITORY OR THE FBI.
(C) EACH REQUEST FOR A CRIMINAL HISTORY RECORDS CHECK UTILIZING
THE NATIONAL INDICES MADE UNDER FEDERAL AUTHORITY SHALL BE SUBMITTED
THROUGH THE FBI OR, IF THE STATE CRIMINAL HISTORY RECORDS REPOSITORY
CONSENTS TO PROCESS FINGERPRINT SUBMISSIONS, THROUGH THE CRIMINAL
HISTORY RECORDS REPOSITORY IN THE STATE IN WHICH SUCH REQUEST
ORIGINATED. DIRECT ACCESS TO THE NATIONAL IDENTIFICATION INDEX BY
ENTITIES OTHER THAN THE FBI AND STATE CRIMINAL HISTORY RECORDS
REPOSITORIES SHALL NOT BE PERMITTED FOR NONCRIMINAL JUSTICE PURPOSES.
(D) A STATE CRIMINAL HISTORY RECORDS REPOSITORY OR THE FBI:
(1) MAY CHARGE A FEE, IN ACCORDANCE WITH APPLICABLE LAW, FOR
HANDLING A REQUEST INVOLVING FINGERPRINT PROCESSING FOR NONCRIMINAL
JUSTICE PURPOSES; AND
(2) MAY NOT CHARGE A FEE FOR PROVIDING CRIMINAL HISTORY
RECORDS IN RESPONSE TO AN ELECTRONIC REQUEST FOR A RECORD THAT DOES
NOT INVOLVE A REQUEST TO PROCESS FINGERPRINTS.
(E) (1) IF A STATE CRIMINAL HISTORY RECORDS REPOSITORY CANNOT
POSITIVELY IDENTIFY THE SUBJECT OF A RECORD REQUEST MADE FOR
NONCRIMINAL JUSTICE PURPOSES, THE REQUEST, TOGETHER WITH FINGERPRINTS
OR OTHER APPROVED IDENTIFYING INFORMATION, SHALL BE FORWARDED TO THE
FBI FOR A SEARCH OF THE NATIONAL INDICES.
(2) IF, WITH RESPECT TO A REQUEST FORWARDED BY A STATE
CRIMINAL HISTORY RECORDS REPOSITORY UNDER PARAGRAPH (1) OF THIS
SUBSECTION, THE FBI POSITIVELY IDENTIFIES THE SUBJECT AS HAVING A III
SYSTEM-INDEXED RECORD OR RECORDS:
(I) THE FBI SHALL SO ADVISE THE STATE CRIMINAL HISTORY
RECORDS REPOSITORY; AND
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- 2529 -
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