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ROBERT L. EHRLICH, JR., Governor
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Ch. 451
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(1) MEANS THE COOPERATIVE FEDERAL-STATE SYSTEM FOR THE
EXCHANGE OF CRIMINAL HISTORY RECORDS; AND
(2) INCLUDES THE NATIONAL IDENTIFICATION INDEX, THE NATIONAL
FINGERPRINT FILE AND, TO THE EXTENT OF THEIR PARTICIPATION IN SUCH
SYSTEM, THE CRIMINAL HISTORY RECORD REPOSITORIES OF THE STATES AND THE
FBI.
(0) "NATIONAL FINGERPRINT FILE" MEANS A DATABASE OF FINGERPRINTS,
OR OTHER UNIQUELY PERSONAL IDENTIFYING INFORMATION, RELATING TO AN
ARRESTED OR CHARGED INDIVIDUAL MAINTAINED BY THE FBI TO PROVIDE
POSITIVE IDENTIFICATION OF RECORD SUBJECTS INDEXED IN THE III SYSTEM.
(P) "NATIONAL IDENTIFICATION INDEX" MEANS AN INDEX MAINTAINED BY
THE FBI CONSISTING OF NAMES, IDENTIFYING NUMBERS, AND OTHER DESCRIPTIVE
INFORMATION RELATING TO RECORD SUBJECTS ABOUT WHOM THERE ARE
CRIMINAL HISTORY RECORDS IN THE III SYSTEM.
(Q) "NATIONAL INDICES" MEANS THE NATIONAL IDENTIFICATION INDEX AND
THE NATIONAL FINGERPRINT FILE.
(R) "NONPARTY STATE" MEANS A STATE THAT HAS NOT RATIFIED THIS
COMPACT.
(S) "NONCRIMINAL JUSTICE PURPOSES" MEANS USES OF CRIMINAL HISTORY
RECORDS FOR PURPOSES AUTHORIZED BY FEDERAL OR STATE LAW OTHER THAN
PURPOSES RELATING TO CRIMINAL JUSTICE ACTIVITIES, INCLUDING EMPLOYMENT
SUITABILITY, LICENSING DETERMINATIONS, IMMIGRATION AND NATURALIZATION
MATTERS, AND NATIONAL SECURITY CLEARANCES.
(T) "PARTY STATE" MEANS A STATE THAT HAS RATIFIED THIS COMPACT.
(U) "POSITIVE IDENTIFICATION" MEANS A DETERMINATION, BASED UPON A
COMPARISON OF FINGERPRINTS OR OTHER EQUALLY RELIABLE BIOMETRIC
IDENTIFICATION TECHNIQUES, THAT THE SUBJECT OF A RECORD SEARCH IS THE
SAME PERSON AS THE SUBJECT OF A CRIMINAL HISTORY RECORD OR RECORDS
INDEXED IN THE III SYSTEM. IDENTIFICATIONS BASED SOLELY UPON A COMPARISON
OF SUBJECTS' NAMES OR OTHER NONUNIQUE IDENTIFICATION CHARACTERISTICS
OR NUMBERS, OR COMBINATIONS THEREOF, SHALL NOT CONSTITUTE POSITIVE
IDENTIFICATION.
(V) "SEALED RECORD INFORMATION" MEANS:
(1) WITH RESPECT TO ADULTS, THAT PORTION OF A RECORD THAT IS:
(I) NOT AVAILABLE FOR CRIMINAL JUSTICE USES;
(II) NOT SUPPORTED BY FINGERPRINTS OR OTHER ACCEPTED
MEANS OF POSITIVE IDENTIFICATION; OR
(III) SUBJECT TO RESTRICTIONS ON DISSEMINATION FOR
NONCRIMINAL JUSTICE PURPOSES PURSUANT TO A COURT ORDER RELATED TO A
- 2537 -
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