reglab/statecodes huggingface dataset:
North Carolina Administrative Code › Title 14B - Public Safety › Chapter 18 - DIVISION OF CRIMINAL INFORMATION › Subchapter A - ORGANIZATIONAL FUNCTIONS AND DEFINITIONS › Section .0300 - AGREEMENTS › Section 18A .0303 - CONTROL AGREEMENTS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) A non-criminal
				  justice agency designated to perform criminal justice functions for a criminal
				  justice agency is eligible for access to DCIN.
(b) A written management control agreement
				  shall be entered into between a law enforcement agency and a 911 communications
				  center when management control of the 911communications center will be under an
				  entity other than the law enforcement agency. The agreement shall state that
				  requirements of Rule .0202 of this Subchapter are in effect, and shall
				  stipulate the management control of the criminal justice function remains
				  solely with the law enforcement agency.
(c) A written management control agreement
				  shall be entered into between a law enforcement agency and their governmental
				  information technology (IT) division when the information technology role will
				  be under an entity other than the law enforcement agency. The agreement shall
				  state that the requirements pursuant to Rule .0202 of this Subchapter are in
				  effect, and shall stipulate that the management control of the criminal justice
				  function remains solely with the law enforcement agency.
(d) A written agreement shall be entered into
				  between a law enforcement agency and a private contractor when the private
				  contractor configures or supports any device or computer network that stores,
				  processes, or transmits criminal justice information. The written agreement
				  must incorporate the most current version of the CJIS Security Addendum. The
				  CJIS Security Addendum may be found in the current CJIS Security
				  Policy.
Authority
					 G.S.
					 114-10;
					 114-10.1;
Eff. August
					 1, 2014;
Transferred and Recodified from
					 12 NCAC
					 04H .0303 Eff. November 1, 2015;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. October 4,
					 2016.
North Carolina Administrative Code › Title 14B - Public Safety › Chapter 18 - DIVISION OF CRIMINAL INFORMATION › Subchapter A - ORGANIZATIONAL FUNCTIONS AND DEFINITIONS › Section .0300 - AGREEMENTS › Section 18A .0304 - DISCLOSURE AGREEMENT

Current through Register Vol. 39, No. 2, July 15, 2024
(a) A written
				  disclosure agreement shall be entered into between the SBI and any individual
				  or agency seeking access to DCI-maintained criminal justice information for
				  purposes of research.
(b) The
				  disclosure agreement shall state that each participant and employee of every
				  program of research with access to computerized information is aware of the
				  issues of privacy and the limitations regarding the use of accessed
				  information, and that he or she is bound by CIIS rules concerning these issues
				  pursuant to Rule 18B .0407 of this Chapter.
Authority
					 G.S.
					 114-10;
					 114-10.1;
Eff. August
					 1, 2014;
Transferred and Recodified from
					 12 NCAC
					 04H .0304 Eff. November 1, 2015;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. October 4,
					 2016.
North Carolina Administrative Code › Title 14B - Public Safety › Chapter 18 - DIVISION OF CRIMINAL INFORMATION › Subchapter A - ORGANIZATIONAL FUNCTIONS AND DEFINITIONS › Section .0400 - STANDARDS AND CERITIFICATION AS A DCIN USER › Section 18A .0401 - DCIN USERS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Prior to
				  receiving certification as a DCIN user, and as a condition for maintaining
				  certification as a DCIN user, each applicant or user shall be a citizen of the
				  United States.
(b) The applicant or
				  certified user shall be at least 18 years of age.
(c) An individual is eligible to attend
				  certification class and become a DCIN user only if employed by and under the
				  management control of an agency as described in Rule .0201 of this Subchapter
				  and only after the individual has had a fingerprint-based criminal records
				  search completed by the employing agency indicating that the individual has not
				  been convicted of a criminal offense described in Paragraph (d) or (e) of this
				  Rule.
(d) A conviction of a felony
				  renders an applicant or certified DCIN user permanently ineligible to hold such
				  certification.
(e) A conviction of
				  a crime or unlawful act defined as a Class B misdemeanor renders an applicant
				  ineligible to become certified as a DCIN user when such conviction is within 10
				  years of the applicant's date of request for DCIN certification. Existing DCIN
				  users convicted of a crime or unlawful act defined as a Class B Misdemeanor
				  while holding certification are ineligible to maintain such certification for a
				  period of 10 years following such conviction. An applicant or certified DCIN
				  user is permanently ineligible to hold such certification upon conviction of
				  two or more Class B misdemeanors regardless of the date of
				  conviction.
(f) No applicant for
				  certification as a DCIN user is eligible for certification while the applicant
				  is subject to pending or outstanding criminal charges, that, if the applicant
				  were convicted, would disqualify the applicant from holding such
				  certification.
(g) No DCIN user is
				  eligible to access DCIN while the user is subject to pending or outstanding
				  criminal charges, that, if the applicant were convicted, would disqualify the
				  user from access.
(h) An employee
				  assigned as a DCIN user and who currently holds valid certification as a sworn
				  law enforcement officer with the powers of arrest through either the North
				  Carolina Criminal Justice Education and Training Standards Commission or the
				  North Carolina Sheriff's Education and Training Standards Commission is not
				  subject to the criminal history record and background search provisions of this
				  Rule.
Authority
					 G.S.
					 114-10;
					 114-10.1;
Eff. August
					 1, 2014;
Transferred and Recodified from
					 12 NCAC
					 04H .0401 Eff. November 1, 2015;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. October 4,
					 2016.
North Carolina Administrative Code › Title 14B - Public Safety › Chapter 18 - DIVISION OF CRIMINAL INFORMATION › Subchapter A - ORGANIZATIONAL FUNCTIONS AND DEFINITIONS › Section .0400 - STANDARDS AND CERITIFICATION AS A DCIN USER › Section 18A .0403 - ENROLLMENT

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Enrollment is
				  necessary for student attendance at any training for DCIN users. Enrollment
				  shall be requested and approved by the agency TAC and personnel must meet the
				  management control requirements outlined in Section .0200 of this
				  Subchapter.
(b) DCI shall maintain
				  enrollment for all certification classes.
(c) Enrollment shall be done by an automated
				  method provided by DCI.
Authority
					 G.S.
					 114-10;
					 114-10.1;
Eff. August
					 1, 2014;
Transferred and Recodified from
					 12 NCAC
					 04H .0403 Eff. November 1, 2015;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. October 4,
					 2016.
North Carolina Administrative Code › Title 14B - Public Safety › Chapter 18 - DIVISION OF CRIMINAL INFORMATION › Subchapter B - SECURITY AND PRIVACY › Section .0100 - SECURITY AT DCIN DEVICE SITES › Section 18B .0101 - SECURITY OF DCIN DEVICES

Current through Register Vol. 39, No. 2, July 15, 2024
Agencies that have management control of a DCIN device
					 shall institute controls for maintaining the sensitivity and confidentiality of
					 all criminal justice information (CJI) provided through DCIN. These controls
					 include the following:
(1) a DCIN
				  device and any peripheral or network-connected printer shall be within a
				  physically secure location, as defined by the FBI CJIS Security Policy,
				  accessible only to authorized personnel. Any DCIN device not located within a
				  physically secured location shall have advanced authentication measures
				  installed and enabled; and
(2) DCIN
				  training module documents shall be located in a physically secure location
				  accessible only by authorized personnel.
Authority
					 G.S.
					 114-10;
					 114-10.1;
Eff. August
					 1, 2014;
Transferred and Recodified from
					 12 NCAC
					 04I .0101 Eff. November 1, 2015;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. October 4,
					 2016.
North Carolina Administrative Code › Title 14B - Public Safety › Chapter 18 - DIVISION OF CRIMINAL INFORMATION › Subchapter B - SECURITY AND PRIVACY › Section .0100 - SECURITY AT DCIN DEVICE SITES › Section 18B .0102 - OFFICIAL USE OF DCIN

Current through Register Vol. 39, No. 2, July 15, 2024
(a) DCIN shall be
				  used for criminal justice and law enforcement purposes only. All traffic
				  generated over the network shall be made in the performance of an employee's or
				  agency's official duties as they relate to the administration of criminal
				  justice.
(b) Transmission of
				  non-criminal justice information through DCIN is prohibited.
Authority
					 G.S.
					 114-10;
					 114-10.1;
Eff. August
					 1, 2014;
Transferred and Recodified from
					 12 NCAC
					 04I .0102 Eff. November 1, 2015;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. October 4,
					 2016.
North Carolina Administrative Code › Title 14B - Public Safety › Chapter 18 - DIVISION OF CRIMINAL INFORMATION › Subchapter B - SECURITY AND PRIVACY › Section .0100 - SECURITY AT DCIN DEVICE SITES › Section 18B .0103 - PERSONNEL SECURITY

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Agencies that
				  have management control of DCIN devices shall institute procedures to ensure
				  those non-DCIN certified individuals with direct access to their DCIN devices
				  or any network that stores, processes, or transmits criminal justice
				  information have been properly screened.
(b) This Rule includes:
(1) individuals employed by a municipality or
				  county government who configure or support devices that:
(A) store criminal justice
				  information;
(B) process criminal
				  justice information; or
(C)
				  transmit criminal justice information; and
North Carolina Administrative Code › Title 14B - Public Safety › Chapter 18 - DIVISION OF CRIMINAL INFORMATION › Subchapter B - SECURITY AND PRIVACY › Section .0100 - SECURITY AT DCIN DEVICE SITES › Section 18B .0104 - SECURITY AWARENESS TRAINING

Current through Register Vol. 39, No. 2, July 15, 2024
(a)
				  Security awareness training is required within six months of initial assignment
				  and every two years thereafter for any personnel who have access to DCIN
				  devices or any network that stores, processes, or transmits criminal justice
				  information.
(b) This Rule also
				  applies to any individual described in Rule .0103 of this Subchapter who is
				  responsible for the configuration or support of devices or computer networks
				  that store, process, or transmit criminal justice information.
(c) Security awareness training shall be
				  facilitated by CIIS.
(d) Records of
				  security awareness training shall be documented, kept current, and maintained
				  by the criminal justice agency.
Authority
					 G.S.
					 114-10;
					 114-10.1;
Eff. August
					 1, 2014;
Transferred and Recodified from
					 12 NCAC
					 04I .0104 Eff. November 1, 2015;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. October 4,
					 2016.
North Carolina Administrative Code › Title 14B - Public Safety › Chapter 18 - DIVISION OF CRIMINAL INFORMATION › Subchapter B - SECURITY AND PRIVACY › Section .0200 - RESTRICTED AND RESTRICTED FILES › Section 18B .0201 - DOCUMENTATION AND ACCURACY

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Law
				  enforcement and criminal justice agencies may enter stolen property, recovered
				  property, wanted persons, missing persons, protection orders, or convicted sex
				  offenders into NCIC restricted and unrestricted files. Any record entered into
				  NCIC files must be documented. The documentation required is:
(1) a theft report of items of stolen
				  property;
(2) an active warrant for
				  arrest or order for arrest for the entry of wanted persons;
(3) a missing person report and, if a
				  juvenile, a written statement from a parent, spouse, family member, or legal
				  guardian verifying the date of birth and confirming that a person is
				  missing;
(4) a medical examiner's
				  report for an unidentified dead person entry;
(5) a protection order or ex parte order (for
				  "temporary orders") issued by a court of competent jurisdiction for a
				  protection order entry; or
(6) a
				  judgment from a court of competent jurisdiction ordering an individual to
				  register as a sex offender.
North Carolina Administrative Code › Title 14B - Public Safety › Chapter 18 - DIVISION OF CRIMINAL INFORMATION › Subchapter B - SECURITY AND PRIVACY › Section .0200 - RESTRICTED AND RESTRICTED FILES › Section 18B .0202 - TIMELINESS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Law enforcement
				  and criminal justice agencies shall enter records within three days when
				  conditions for entry are met except when a federal law, state statute, or
				  documentation exists to support a delayed entry. Any decision to delay entry
				  under this exception shall be documented.
(b) Timeliness can be defined based on the
				  type of record entry being made:
(1) Wanted
				  Person File - entry of a wanted person shall be made immediately after the
				  decision to arrest or to authorize arrest has been made, and the decision to
				  extradite has been made. "Immediately" is defined as within three
				  days.
(2) Missing Person File -
				  entry of a missing person shall be made as soon as possible once the minimum
				  data required for entry (i.e., all mandatory fields) and the appropriate record
				  documentation are available. For missing persons under age 21, a NCIC Missing
				  Person File record shall be entered within two hours of receiving the minimum
				  data required for entry.
(3)
				  Article, Boat, Gun, License Plate, Securities, Vehicle Part, Boat Part,
				  Vehicle, Protection Order, and Sex Offender Registry Files - entry is made as
				  soon as possible once the minimum data required for entry (i.e., all mandatory
				  fields) and the record documentation are available. Information about stolen
				  license plates and vehicles shall be verified through the motor vehicle
				  registration files prior to record entry if possible. However, if motor vehicle
				  registration files are not accessible, the record shall be entered into NCIC
				  and verification shall be completed when the registration files become
				  available.
North Carolina Administrative Code › Title 14B - Public Safety › Chapter 18 - DIVISION OF CRIMINAL INFORMATION › Subchapter B - SECURITY AND PRIVACY › Section .0200 - RESTRICTED AND RESTRICTED FILES › Section 18B .0203 - VALIDATIONS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Law enforcement
				  and criminal justice agencies shall validate all record entries, with the
				  exception of articles, made into the NCIC restricted and unrestricted
				  files.
(b) Validation shall be
				  accomplished by reviewing the original entry and current supporting documents.
				  Stolen vehicle, stolen boat, wanted person, missing person, protection order,
				  and sex offender file entries require consultation with any appropriate
				  complainant, victim, prosecutor, court, motor vehicle registry files or other
				  appropriate source or individual in addition to the review of the original file
				  entry and supporting documents.
(c)
				  Validations shall be conducted through the CIIS automated method.
(d) Any records containing inaccurate data
				  shall be modified and records which are no longer current or cannot be
				  substantiated by a source document shall be removed from the NCIC.
(e) Any agency that does not properly
				  validate its records shall have their records purged for that month by NCIC. An
				  agency shall be notified of the record purge through an NCIC-generated message
				  sent to the agency's main DCIN device. An agency may re-enter the cancelled
				  records once the records have been validated.
Authority
					 G.S.
					 114-10;
					 114-10.1;
Eff. August
					 1, 2014;
Transferred and Recodified from
					 12 NCAC
					 04I .0203 Eff. November 1, 2015;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. October 4,
					 2016.
North Carolina Administrative Code › Title 14B - Public Safety › Chapter 18 - DIVISION OF CRIMINAL INFORMATION › Subchapter B - SECURITY AND PRIVACY › Section .0200 - RESTRICTED AND RESTRICTED FILES › Section 18B .0204 - HIT CONFIRMATION

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Any agency
				  entering record information into the NCIC restricted and unrestricted files, or
				  which has a servicing agency enter record information for its agency, shall
				  provide hit confirmation 24 hours a day. Hit confirmation of NCIC records means
				  that an agency receiving a positive NCIC response from an inquiry must
				  communicate with the official record holder to confirm the following before
				  taking a person or property into custody:
(1)
				  the person or property inquired upon is the same as the person or property
				  identified in the record;
(2) the
				  warrant, missing person report, theft report, or protection order is still
				  outstanding; or
(3) a decision
				  regarding the extradition of a wanted person has been made; the return of a
				  missing person to the appropriate authorities is still desired; the return of
				  stolen property to its rightful owner is still desired; or the terms,
				  conditions, or service of a protection order still exist.
North Carolina Administrative Code › Title 14B - Public Safety › Chapter 18 - DIVISION OF CRIMINAL INFORMATION › Subchapter B - SECURITY AND PRIVACY › Section .0300 - SUBMISSION OF DATA FOR CRIMINAL HISTORY RECORDS › Section 18B .0301 - ARREST FINGERPRINT CARD

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Fingerprint
				  cards submitted in accordance with
				  G.S.
				  15A-502 must contain the following
				  information on the arrestee in order to be processed by the SBI or FBI:
(1) ORI number and address of arresting
				  agency;
(2) complete
				  name;
(3) date of birth;
(4) race;
(5) sex;
(6) date of arrest;
(7) criminal charges; and
(8) a set of fingerprint impressions and palm
				  prints if the agency is capable of capturing palm prints.
North Carolina Administrative Code › Title 14B - Public Safety › Chapter 18 - DIVISION OF CRIMINAL INFORMATION › Subchapter B - SECURITY AND PRIVACY › Section .0300 - SUBMISSION OF DATA FOR CRIMINAL HISTORY RECORDS › Section 18B .0302 - FINAL DISPOSITION INFORMATION

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Final
				  disposition information shall be submitted electronically to DCI by the
				  Administrative Office of the Courts (AOC).
(b) The final disposition information shall
				  be added to North Carolina's CCH files, and shall be electronically transmitted
				  to the FBI's Interstate Identification Index (III).
(c) Any final disposition rejected by DCI
				  shall be returned to the Clerk of Court in the county of the arresting agency
				  for correction and resubmission.
Authority
					 G.S.
					 15A-1381;
					 15A-1382;
					 15A-1383;
					 114-10;
					 114-10.1;
Eff. August
					 1, 2014;
Transferred and Recodified from
					 12 NCAC
					 04I .0302 Eff. November 1, 2015;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. October 4,
					 2016.
North Carolina Administrative Code › Title 14B - Public Safety › Chapter 18 - DIVISION OF CRIMINAL INFORMATION › Subchapter B - SECURITY AND PRIVACY › Section .0300 - SUBMISSION OF DATA FOR CRIMINAL HISTORY RECORDS › Section 18B .0303 - INCARCERATION INFORMATION

Current through Register Vol. 39, No. 2, July 15, 2024
(a)
				  Incarceration information shall be electronically submitted to DCI by the North
				  Carolina Department of Public Safety (DPS) on all subjects admitted to
				  prison.
(b) The incarceration
				  information shall be added to the North Carolina CCH files, and shall be
				  electronically transmitted to the FBI's Interstate Identification Index
				  (III).
Authority
					 G.S.
					 15A-502;
					 15A-1383;
					 114-10;
					 114-10.1;
Eff. August
					 1, 2014;
Transferred and Recodified from
					 12 NCAC
					 04I .0303 Eff. November 1, 2015;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. October 4,
					 2016.
North Carolina Administrative Code › Title 14B - Public Safety › Chapter 18 - DIVISION OF CRIMINAL INFORMATION › Subchapter B - SECURITY AND PRIVACY › Section .0400 - USE AND ACCESS REQUIREMENTS FOR CRIMINAL HISTORY RECORD INFORMATION, NICS INFORMATION, AND N-DEX INFORMATION › Section 18B .0401 - DISSEMINATION AND LOGGING OF CHRI AND NICS RECORDS

Current through Register Vol. 39, No. 2, July 15, 2024
(a)
				  Criminal history record information (CHRI) obtained from or through DCIN, NCIC,
				  N-DEx, or Nlets shall not be disseminated to anyone outside of those agencies
				  eligible under
				  14B NCAC
				  18A .0201(a) except as
				  provided by Rules .0403, .0405, .0406, and .0409 of this Section. Any agency
				  assigned a limited access ORI shall not obtain CHRI. Any agency requesting CHRI
				  that has not received an ORI pursuant to
				  14B NCAC
				  18A .0201(a) shall be denied
				  access and referred to the North Carolina CSO.
(b) CHRI is available to eligible agency
				  personnel only on a "need-to-know" basis as defined in
				  12 NCAC
				  04H .0104.
(c) The use or dissemination of CHRI obtained
				  through DCIN or N-DEx for unauthorized purposes is a violation of this
				  Rule.
(d) CIIS shall maintain an
				  automated log of CCH/CHRI/National Instant Criminal Background Check System
				  (NICS) inquiries for a period of not less than one year from the date of
				  inquiry. The automated log shall contain the following information as supplied
				  by the user on the inquiry screen and shall be made available on-line to the
				  inquiring agency;
(1) date of
				  inquiry;
(2) name of record
				  subject;
(3) state identification
				  number (SID) or FBI number of the record subject;
(4) message key used to obtain
				  information;
(5) purpose
				  code;
(6) user's
				  initials;
(7) (Attention field)
				  name of person and agency requesting information who is the initial user of the
				  record;
(8) (Attention 2 field)
				  name of person and agency requesting information who is outside of the initial
				  user agency. If there is not a second individual receiving the information,
				  information indicating why the information is requested may be placed in this
				  field; and
(9) if applicable, NICS
				  Transaction Number (NTN) for NICS logs only.
North Carolina Administrative Code › Title 14B - Public Safety › Chapter 18 - DIVISION OF CRIMINAL INFORMATION › Subchapter B - SECURITY AND PRIVACY › Section .0400 - USE AND ACCESS REQUIREMENTS FOR CRIMINAL HISTORY RECORD INFORMATION, NICS INFORMATION, AND N-DEX INFORMATION › Section 18B .0402 - ACCESSING OF CCH RECORDS

Current through Register Vol. 39, No. 2, July 15, 2024
Any accessing of or inquiry into CCH records must be made
					 with an applicable purpose code. An "applicable purpose code" means a code that
					 conveys the reason for which an inquiry is made.
Authority
					 G.S.
					 114-10;
					 114-10.1;
Eff. August
					 1, 2014;
Transferred and Recodified from
					 12 NCAC
					 04I .0402 Eff. November 1, 2015;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. October 4,
					 2016.
North Carolina Administrative Code › Title 14B - Public Safety › Chapter 18 - DIVISION OF CRIMINAL INFORMATION › Subchapter B - SECURITY AND PRIVACY › Section .0400 - USE AND ACCESS REQUIREMENTS FOR CRIMINAL HISTORY RECORD INFORMATION, NICS INFORMATION, AND N-DEX INFORMATION › Section 18B .0403 - USE OF CHRI FOR CRIMINAL JUSTICE EMPLOYMENT

Current through Register Vol. 39, No. 2, July 15, 2024
(a)
				  Agencies must submit an applicant fingerprint card on each individual seeking
				  criminal justice employment, and the card must contain the following
				  information in order to be processed by DCI and FBI:
(1) complete name;
(2) date of birth;
(3) race;
(4) sex;
(5) position applied for;
(6) hiring agency; and
(7) a set of legible fingerprint impressions.
Any fingerprint cards that do not meet these requirements
					 shall be returned by DCI to the submitting agency for correction and
					 resubmitted.
North Carolina Administrative Code › Title 14B - Public Safety › Chapter 18 - DIVISION OF CRIMINAL INFORMATION › Subchapter B - SECURITY AND PRIVACY › Section .0400 - USE AND ACCESS REQUIREMENTS FOR CRIMINAL HISTORY RECORD INFORMATION, NICS INFORMATION, AND N-DEX INFORMATION › Section 18B .0404 - RIGHT TO REVIEW

Current through Register Vol. 39, No. 2, July 15, 2024
(a) An individual
				  may obtain a copy of his or her own criminal history record by submitting a
				  written request to the North Carolina State Bureau of Investigation Criminal
				  Information and Identification Section, Attention: Applicant Unit - Right to
				  Review, 3320 Garner Road, Raleigh, North Carolina 27626. The written request
				  must be accompanied by a certified check or money order in the amount of
				  fourteen dollars ($14.00) payable to the North Carolina State Bureau of
				  Investigation, and must contain proof of identity to include:
(1) complete name and address;
(2) race;
(3) sex;
(4) date of birth;
(5) social security number; and
(6) a legible set of fingerprint
				  impressions.
North Carolina Administrative Code › Title 14B - Public Safety › Chapter 18 - DIVISION OF CRIMINAL INFORMATION › Subchapter B - SECURITY AND PRIVACY › Section .0400 - USE AND ACCESS REQUIREMENTS FOR CRIMINAL HISTORY RECORD INFORMATION, NICS INFORMATION, AND N-DEX INFORMATION › Section 18B .0406 - RESTRICTIVE USE OF CCH FOR EMPLOYMENT PURPOSES

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Use of
				  computerized criminal history information maintained by the CIIS for licensing
				  permits or non-criminal justice employment purposes shall be authorized only
				  for those criminal justice and non-criminal justice agencies who have complied
				  with Rule .0405 of this Section.
(b) The following requirements and
				  restrictions are applicable to all agencies who have received approval to use
				  computerized criminal history information for licensing, permits, or
				  non-criminal justice employment purposes. Each such agency is responsible for
				  their implementation:
(1) computerized
				  criminal history information obtained shall not be used or disseminated for any
				  other purpose;
(2) computerized
				  criminal history information obtained shall not be released to or reviewed by
				  anyone other than the agencies authorized by CIIS;
(3) the only data in the computerized
				  criminal history files which may be used in an agency's determination of
				  issuing or denying a license, permit or employment are those crimes stipulated
				  in the referenced ordinance or statutory authority as grounds for
				  disqualification. All criminal history arrest information held by CIIS shall be
				  released regardless of disposition status. Each agency is responsible for
				  reviewing each statutory authority and knowing what data may be used and what
				  data shall not be used for grounds in denying or issuing a particular license
				  or permit for employment;
(4) prior
				  to denial of a license, permit, or employment due to data contained in a
				  computerized criminal history record, a fingerprint card of the applicant shall
				  be submitted to CIIS for verification that the record belongs to the
				  applicant;
(5) if the information
				  in the record is used to disqualify an applicant, the official making the
				  determination of suitability for licensing or employment shall provide the
				  applicant the opportunity to correct, complete, or challenge the accuracy of
				  the information contained in the record. The applicant must be afforded a
				  reasonable time to correct, complete or to decline to correct or complete the
				  information. An applicant shall not be presumed to be guilty of any
				  charge/arrest for which there is no final disposition stated on the record or
				  otherwise determined. Applicants wishing to correct, complete or otherwise
				  challenge a record must avail themselves of the procedure set forth in Rule
				  .0404(c) of this Section.
North Carolina Administrative Code › Title 14B - Public Safety › Chapter 18 - DIVISION OF CRIMINAL INFORMATION › Subchapter B - SECURITY AND PRIVACY › Section .0400 - USE AND ACCESS REQUIREMENTS FOR CRIMINAL HISTORY RECORD INFORMATION, NICS INFORMATION, AND N-DEX INFORMATION › Section 18B .0407 - RESEARCH USE AND ACCESS OF CCH RECORDS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Researchers
				  who wish to use criminal justice information maintained by CIIS shall first
				  submit to the North Carolina CJIS System Officer (CSO) a completed research
				  design that guarantees protection of security and privacy. Authorization to use
				  computerized criminal history records shall be given after the CSO has approved
				  the research design.
(b) In making
				  a determination to approve the submitted research design, the CSO must ensure
				  that:
(1) an individual's right to privacy
				  will not be violated by the research program;
(2) the program is calculated to prevent
				  injury or embarrassment to any individual;
(3) the results outweigh any disadvantages
				  that are created for the North Carolina criminal justice system if the research
				  information is provided;
(4) the
				  criminal justice community will benefit from the research and use;
				  and
(5) the requestor is
				  responsible for cost.
North Carolina Administrative Code › Title 14B - Public Safety › Chapter 18 - DIVISION OF CRIMINAL INFORMATION › Subchapter B - SECURITY AND PRIVACY › Section .0400 - USE AND ACCESS REQUIREMENTS FOR CRIMINAL HISTORY RECORD INFORMATION, NICS INFORMATION, AND N-DEX INFORMATION › Section 18B .0408 - LIMITATION REQUIREMENTS

Current through Register Vol. 39, No. 2, July 15, 2024
Research designs must preserve the anonymity of all
					 subjects. The following requirements are applicable to all such programs of
					 research and each criminal justice agency or researcher is responsible for
					 their implementation:
(1) Computerized
				  criminal history records furnished for purposes of any program of research
				  shall not be used to the detriment of the person(s) to whom such information
				  relates.
(2) Criminal history
				  records furnished for purposes of any program of research shall not be used for
				  any other purpose; nor may such information be used for any program of research
				  other than that authorized by the North Carolina CJIS System Officer
				  (CSO).
(3) Each researcher or
				  anyone having access to the computerized criminal history shall, prior to
				  having such access, sign a Disclosure Agreement with the CSO incorporating the
				  requirements of Rule 18A .0304 of this Chapter.
(4) The authorization for access to
				  computerized criminal history records shall assure that the criminal justice
				  agency and CIIS have rights to monitor the program of research to assure
				  compliance with this Rule. Such monitoring rights include the right of CIIS
				  staff to audit and review such monitoring activities and also to pursue their
				  own monitoring activities.
(5) CIIS
				  and the criminal justice agency involved may examine and verify the data
				  generated as a result of the program, and, if a material error or omission is
				  found to have occurred, may order the data not be released for any purpose
				  unless corrected to the satisfaction of the agency and CIIS.
Authority
					 G.S.
					 114-10;
					 114-10.1;
					 114-19.1;
Eff. August
					 1, 2014;
Transferred and Recodified from
					 12 NCAC
					 04I .0408 Eff. November 1, 2015;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. October 4,
					 2016.
North Carolina Administrative Code › Title 14B - Public Safety › Chapter 18 - DIVISION OF CRIMINAL INFORMATION › Subchapter B - SECURITY AND PRIVACY › Section .0400 - USE AND ACCESS REQUIREMENTS FOR CRIMINAL HISTORY RECORD INFORMATION, NICS INFORMATION, AND N-DEX INFORMATION › Section 18B .0409 - ACCESS TO CHRI BY ATTORNEYS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) An
				  attorney must have entered in to a proceeding in accordance with
				  G.S.
				  15A-141 in order to access CHRI. The attorney
				  may have access to the CHRI of only the defendant he or she is representing.
				  The prosecuting District Attorney must approve the request.
(b) If, during a proceeding, an attorney
				  desires CHRI of an individual involved in the proceeding other than the
				  attorney's client, the attorney shall make a motion before the court indicating
				  the desire for the CHRI.
(c) In
				  order to maintain compliance with state and federal requirements an attorney
				  shall disclose the purpose for any request of CHRI.
(d) CIIS shall provide a form to be utilized
				  by any DCIN user when fulfilling a request for CHRI by an attorney. This form
				  shall help ensure compliance with state and federal rules regarding access to
				  and dissemination of CHRI.
(e) The
				  attorney must fill out all applicable fields of the form and return it to the
				  DCIN user to process the request. The attorney shall provide:
(1) the client's name;
(2) docket number for the matter;
(3) prosecutorial district in which the
				  matter is being tried; and
(4) the
				  next date on which the matter is being heard.
North Carolina Administrative Code › Title 14B - Public Safety › Chapter 18 - DIVISION OF CRIMINAL INFORMATION › Subchapter B - SECURITY AND PRIVACY › Section .0400 - USE AND ACCESS REQUIREMENTS FOR CRIMINAL HISTORY RECORD INFORMATION, NICS INFORMATION, AND N-DEX INFORMATION › Section 18B .0410 - ACCESS TO CHRI IN CIVIL PROCEEDINGS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Access
				  to CHRI is permitted in civil domestic violence and civil stalking
				  proceedings.
(b) Access to and
				  dissemination of CHRI for civil proceedings in this Rule shall be done in
				  accordance with Rules .0401 and .0402 of this Section.
(c) Access to and dissemination of CHRI for
				  any other type of civil proceeding is prohibited.
(d) Civil courts may be issued an Originating
				  Agency Identifier (ORI) for the purposes of this Rule. The ORI issuance must be
				  approved by the FBI and North Carolina's CJIS System Officer (CSO).
Authority
					 G.S.
					 114-10;
					 114-10.1;
Eff. August
					 1, 2014;
Transferred and Recodified from
					 12 NCAC
					 04I .0410 Eff. November 1, 2015;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. October 4,
					 2016.
North Carolina Administrative Code › Title 14B - Public Safety › Chapter 18 - DIVISION OF CRIMINAL INFORMATION › Subchapter B - SECURITY AND PRIVACY › Section .0500 - REMOVAL OF CRIMINAL HISTORY RECORD INFORMATION › Section 18B .0501 - EXPUNGEMENTS

Current through Register Vol. 39, No. 2, July 15, 2024
Upon the receipt of a valid court ordered expungement, CIIS
					 shall expunge the appropriate CHRI as directed by the court order. An
					 electronic notification regarding the expungement shall be sent to the FBI for
					 processing and all agencies that have inquired on the record within the past 90
					 days shall be advised of the court order.
Authority
					 G.S.
					 15A-145;
					 15A-146;
					 90-96;
					 90-113.14; 114.10; 114-10.1;
					 150B-19(5)b.,e.;
Eff. August 1, 2014;
Transferred and
					 Recodified from
					 12 NCAC
					 04I .0501 Eff. November 1, 2015;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. October 4,
					 2016.
North Carolina Administrative Code › Title 14B - Public Safety › Chapter 18 - DIVISION OF CRIMINAL INFORMATION › Subchapter B - SECURITY AND PRIVACY › Section .0600 - STATEWIDE AUTOMATED FINGERPRINT IDENTIFICATION SYSTEM › Section 18B .0601 - STATEWIDE AUTOMATED FINGERPRINT IDENTIFICATION SYSTEM

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Agencies which meet the requirements of
				  14B NCAC
				  18A .0201(a) may access the
				  North Carolina Statewide Automated Fingerprint Identification System for
				  criminal justice purposes.
(b) The
				  acronym used for the Statewide Automated Fingerprint Identification System
				  shall be SAFIS.
Authority
					 G.S.
					 15A-502;
					 114-10;
					 114-10.1;
					 114-16;
Eff. August
					 1, 2014;
Transferred and Recodified from
					 12 NCAC
					 04I .0601 Eff. November 1, 2015;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. October 4,
					 2016.
North Carolina Administrative Code › Title 14B - Public Safety › Chapter 18 - DIVISION OF CRIMINAL INFORMATION › Subchapter B - SECURITY AND PRIVACY › Section .0600 - STATEWIDE AUTOMATED FINGERPRINT IDENTIFICATION SYSTEM › Section 18B .0602 - AVAILABLE DATA

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The following
				  data is available through SAFIS and may be used to make comparisons and obtain
				  CCH data:
(1) fingerprint images;
				  and
(2) state identification
				  number.
North Carolina Administrative Code › Title 14B - Public Safety › Chapter 18 - DIVISION OF CRIMINAL INFORMATION › Subchapter B - SECURITY AND PRIVACY › Section .0600 - STATEWIDE AUTOMATED FINGERPRINT IDENTIFICATION SYSTEM › Section 18B .0603 - FINGERPRINTING OF CONVICTED SEX OFFENDERS

Current through Register Vol. 39, No. 2, July 15, 2024
(a)
				  Fingerprints submitted in accordance with
				  G.S.
				  14-208.7 must contain the following
				  information on the convicted sex offender in order to be processed by the SBI:
(1) ORI number;
(2) complete name;
(3) date of birth;
(4) race;
(5) sex;
(6) sex offender registration number (SRN);
				  and
(8) a set of fingerprint
				  impressions and palm prints if the agency is capable of capturing palm prints.
Submissions shall be made through the registering agency's
					 LiveScan device.
North Carolina Administrative Code › Title 14B - Public Safety › Chapter 18 - DIVISION OF CRIMINAL INFORMATION › Subchapter B - SECURITY AND PRIVACY › Section .0700 - DIVISION OF MOTOR VEHICLE INFORMATION › Section 18B .0701 - DISSEMINATION OF DIVISION OF MOTOR VEHCILES INFORMATION

Current through Register Vol. 39, No. 2, July 15, 2024
(a) DMV information obtained from or through
				  DCIN shall not be disseminated to anyone outside those agencies eligible under
				  14B NCAC
				  18A .0201(a) unless obtained
				  for the following purposes:
(1) in the
				  decision of issuing permits or licenses if statutory authority stipulates the
				  non-issuance or denial of a permit or license to an individual who is a
				  habitual violator of traffic laws or who has committed certain traffic offenses
				  and those licensing purposes have been authorized by CIIS and the Attorney
				  General's Office;
(2) by
				  governmental agencies to evaluate prospective or current employees for
				  positions involving the operation of publicly owned vehicles; or
(3) by a defendant's attorney of record in
				  accordance with
				  G.S.
				  15A-141.
North Carolina Administrative Code › Title 14B - Public Safety › Chapter 18 - DIVISION OF CRIMINAL INFORMATION › Subchapter B - SECURITY AND PRIVACY › Section .0800 - AUDITS › Section 18B .0801 - AUDITS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) CIIS shall biennially audit criminal
				  justice information entered, modified, cancelled, cleared and disseminated by
				  DCIN users. Agencies subject to audit include all agencies that have direct or
				  indirect access to information obtained through DCIN.
(b) CIIS shall send designated
				  representatives to selected law enforcement and criminal justice agency sites
				  to audit:
(1) criminal history usage and
				  dissemination logs;
(2) NICS usage
				  and dissemination logs;
(3) driver
				  history dissemination logs;
(4)
				  security safeguards and procedures adopted for the filing, storage,
				  dissemination, or destruction of criminal history records;
(5) physical security of DCIN devices in
				  accordance with the current FBI CJIS Security Policy;
(6) documentation establishing the accuracy,
				  validity, and timeliness of the entry of records entered into NCIC wanted
				  person, missing person, property, protection order, and DCIN and NCIC sex
				  offender files;
(7) the technical
				  security of devices and computer networks connected to DCIN in accordance with
				  the current FBI CJIS Security Policy;
(8) user certification, status, and
				  background screening;
(9) user
				  agreements between the agency and North Carolina's CSA;
(10) servicing agreements between agencies
				  with DCIN devices and agencies without DCIN devices (when
				  applicable);
(11) use of private
				  contractors or governmental information technology professionals for
				  information technology support along with the proper training and screening of
				  those personnel; and
(12) control
				  agreements between agencies and entities providing information technology
				  support (when applicable).
North Carolina Administrative Code › Title 14B - Public Safety › Chapter 18 - DIVISION OF CRIMINAL INFORMATION › Subchapter C - PENALTIES AND ADMINISTRATIVE HEARINGS › Section .0100 - DEFINITIONS AND PENALTY PROVISIONS › Section 18C .0101 - DEFINITIONS

Current through Register Vol. 39, No. 2, July 15, 2024
As used in this Subchapter:
(1) "Revocation of certification" means a
				  DCIN user's certification is canceled for a period not to exceed one year. At
				  the end of the revocation period the user must attend the DCIN Module 1
				  certification class. Notification of the revocation shall be sent by DCI via
				  certified mail to the DCIN user and the user's agency head.
(2) "Suspension of certification" means a
				  DCIN user is prohibited from operating a DCIN device for a period not to exceed
				  90 days. Notification of the suspension shall be sent by DCI via certified mail
				  to the DCIN user's agency head and to the DCIN user. The agency shall be
				  audited within 90 days of reinstatement of a user's certification.
(3) "Suspension of services" means an
				  agency's direct access to DCIN is suspended for a period not to exceed two
				  weeks after the North Carolina CSO's finding of fault, and the agency head must
				  then appear before the CSO to respond to the cited violation. This suspension
				  may be limited to certain files or may include a complete suspension of
				  services, depending on the administrative procedure violated. The agency is
				  subject to a re-audit after 90 days of reinstatement. Further violations of the
				  same regulation, within two years from the date of the suspension, or failure
				  to appear before the CSO to respond to the cited violation is grounds to cancel
				  the user agreement with the agency.
Authority
					 G.S.
					 114-10;
					 114-10.1;
Eff. August
					 1, 2014;
Transferred and Recodified from
					 12 NCAC
					 04J .0101 Eff. November 1, 2015;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. October 4,
					 2016.
North Carolina Administrative Code › Title 14B - Public Safety › Chapter 18 - DIVISION OF CRIMINAL INFORMATION › Subchapter C - PENALTIES AND ADMINISTRATIVE HEARINGS › Section .0100 - DEFINITIONS AND PENALTY PROVISIONS › Section 18C .0102 - SANCTIONS FOR VIOLATIONS BY INDIVIDUALS

Current through Register Vol. 39, No. 2, July 15, 2024
When any certified DCIN user is found to have knowingly and
					 willfully violated any provision of these Rules, DCI may take action to correct
					 the violation and to ensure the violation does not re-occur, to include, but
					 not limited to, the following:
(1)
				  issuing an oral warning and a request for compliance;
(2) issuing a written warning and a request
				  for compliance;
(3) suspending the
				  DCIN user's certification; or
(4)
				  revoking the DCIN user's certification.
Authority
					 G.S.
					 114-10;
					 114-10.1;
Eff. August
					 1, 2014;
Transferred and Recodified from
					 12 NCAC
					 04J .0102 Eff. November 1, 2015;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. October 4,
					 2016.
North Carolina Administrative Code › Title 14B - Public Safety › Chapter 18 - DIVISION OF CRIMINAL INFORMATION › Subchapter C - PENALTIES AND ADMINISTRATIVE HEARINGS › Section .0100 - DEFINITIONS AND PENALTY PROVISIONS › Section 18C .0103 - SANCTIONS FOR VIOLATIONS BY AGENCIES

Current through Register Vol. 39, No. 2, July 15, 2024
When any agency who has entered in to an agreement in
					 accordance with
					 14B NCAC
					 18A .0301 is found to have knowingly and
					 willfully violated any provision of these Rules, DCI may take action to correct
					 the violation and to ensure the violation does not re-occur, to include, but
					 not limited to, the following:
(1)
				  issuing an oral warning and a request for compliance;
(2) issuing a written warning and a request
				  for compliance; or
(3) suspending
				  services to the violating agency.
Authority
					 G.S.
					 114-10;
					 114-10.1;
Eff. August
					 1, 2014;
Transferred and Recodified from
					 12 NCAC
					 04J .0103 Eff. November 1, 2015;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. October 4,
					 2016.
North Carolina Administrative Code › Title 14B - Public Safety › Chapter 18 - DIVISION OF CRIMINAL INFORMATION › Subchapter C - PENALTIES AND ADMINISTRATIVE HEARINGS › Section .0200 - APPEALS › Section 18C .0201 - NOTICE OF VIOLATION

Current through Register Vol. 39, No. 2, July 15, 2024
DCI shall send a written notice via certified mail to the
					 offending agency or employee when DCI has determined that a violation of a DCI
					 rule has occurred. The notice shall inform the party of appeal rights and shall
					 also contain the citation of the rule alleged to have been
					 violated.
Authority
					 G.S.
					 114-10;
					 114-10.1;
					 150B-3(b);
					 150B-23(f);
Eff. August 1, 2014;
Transferred and Recodified from
					 12 NCAC
					 04J .0201 Eff. November 1, 2015;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. October 4,
					 2016.