Pennsylvania Code › Title 37 - LAW › Part III - Agencies and Offices › Subpart K - Criminal Information › Chapter 195 - CRIMINAL RECORDS › Section 195.5 - Challenge

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Enclosed along
				  with the copy of the criminal history record information shall be a postage
				  paid form-the Challenge Form-which is to be completed and returned within 30
				  days of the date the form is received by the subject of the criminal history
				  record information and which states that the subject has reviewed the criminal
				  history record information and that he understands that those portions of the
				  record not challenged shall be presumed by law to be accurate. The challenge
				  form shall state in bold letters:
"YOU HAVE 30 DAYS FROM THE DATE OF THIS NOTICE TO
					 CHALLENGE THE ACCURACY OF THE INFORMATION CONTAINED
					 HEREIN."
(b) An
				  individual wishing to challenge the accuracy of the reviewed criminal history
				  record information must, within 30 days of the date the information is
				  received, submit the Challenge Form to the repository identifying therein the
				  portion or portions of the record being challenged and providing his correct
				  version of his record and an explanation of why he believes his version to be
				  correct.
(c) Upon receiving such
				  written notification of a challenge, the repository maintaining the criminal
				  history information being challenged shall conduct a review for accuracy, which
				  review shall be completed within 60 days of the date the challenge is received.
				  The responding repository has the burden of showing the accuracy of the
				  information; except that, when the information has been contributed by another
				  repository, the contributing repository shall, upon request by the responding
				  repository, verify or correct the information within 30 days of the date the
				  request for verification is received.
(d) The findings of the repository shall be
				  communicated to the individual. If the repository determines that the record is
				  correct, the repository shall so notify the individual and advise him of his
				  right to appeal. The notice and advice shall be delivered to the individual at
				  the address indicated on the Challenge Form.
(e) If the challenge is determined to be
				  valid, the repository shall so notify the individual by mail at the address
				  indicated on the challenge form, and the repository shall insure that:
(1) The record is corrected.
(2) A certified and corrected copy of the
				  record is provided to the individual.
(3) Errors in criminal history record
				  information previously disseminated to criminal justice agencies are eliminated
				  and replaced with corrected information.
(4) The individual is supplied with the names
				  and addresses of those noncriminal justice agencies and individuals which have
				  received erroneous criminal history record information.
(5) Every reasonable effort is made to notify
				  those individuals and noncriminal justice agencies to whom the erroneous
				  information was disseminated; the notification shall include a certified and
				  corrected copy of the record.