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

Current through July 10, 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.