502 KAR 30:070.

Inspection of criminal history record information by record subject.

 

      RELATES TO: KRS

17.140, 17.150, 61.872, 61.878, 61.884

      STATUTORY

AUTHORITY: KRS 15A.150, 17.080, 17.150

      NECESSITY,

FUNCTION, AND CONFORMITY: KRS 17.150(5) makes that portion of KRS Chapter 61

which deals with administrative and judicial remedies for the inspection of

public records and penalties appealable. KRS 61.884 allows the individual

record subject to access CHRI relating to him or other data in which the record

subject is mentioned by name. This administrative regulation establishes

guidelines by which CHRI may be accessed by the individual record subject.

 

      Section 1. These

administrative regulations shall provide for the initiation of access/review

procedures at each of the Kentucky State Police Posts throughout the

Commonwealth with the exception of Frankfort, Post 12. The Records Section

shall serve as the location for record access/review for individuals near

Frankfort. Access/review procedure shall be uniform throughout the various

designated sites.

 

      Section 2.

Access/Review Procedure. The record subject shall complete the "Request

for Review" form provided at the respective access/review site. A

duplicate copy of said form shall be provided to the requester, or requester's

legal counsel. One set of rolled fingerprints from the requester on a completed

KSP Form 22, will be forwarded to Records where submitted fingerprints will be

used to verify the record subject's identity. The Records staff shall note the

date of the request as indicated on the "Request for Review" form and

shall schedule the record review within three (3) working days of the receipt

of the request, unless a detailed explanation of the cause is given for further

delay along with the place, time and earliest date on which the CHRI will be

available for inspection. The requester shall be notified forthwith by Records

of the scheduled date of review. All record reviews will be conducted from 8

a.m. through 4 p.m., Monday through Friday with the exception of legal

holidays, at the designated State Police Post or the Records Section. Records

shall returned to the post of the respective access/review request, the

"Request for Review" form, the fingerprints taken from the individual

for identity verification, a copy of the letter to the record subject

scheduling the review date, and a certified copy of the individual's criminal

history record.

 

      Section 3.

Record Reviewing Procedures. In order to insure that the subject appearing at

the Post for the scheduled review of the CHRI supplied from Records is in fact

the same person the submitted set of fingerprints were obtained from, visual

recognition is required by Post personnel before allowing the individual to

actually access the CHRI. The individual, and his attorney (if written approval

is submitted by the record subject) shall be allowed to inspect the copy of the

CHRI. Reasonable assistance shall be provided by Post personnel to insure

understanding of the CHRI. After the record subject has inspected the CHRI,

Post personnel should ascertain if a challenge of the content of the records

will be initiated. Basis for challenge shall stem from erroneous information,

misinformation, or fictitious information. The individual shall be informed

that a challenge must be initiated within thirty (30) working days of the

actual review. If a challenge is not initiated at the time of review, a copy of

the individual's record will be retained at the Post and will be filed with the

individual's "Request for Review" form in a manner convenient to the

Post. Information regarding the "Request for Review" shall remain at

the Post not less than thirty (30) working days from the actual date of review

to allow the individual ample time to challenge the record content. If, after

thirty (30) working days a challenge has not been initiated, all material

regarding the review shall be returned to Records where a permanent record of

the review shall be maintained.

 

      Section 4.

Challenge of Record Contents. If the record subject desires to challenge the

contents of the record, the individual shall complete the "Challenge of

Record" form (bottom portion of the original form). A duplicate copy

should be provided to the individual. It should be noted on the form if the

individual requests a copy of the record for purposes of challenge. A copy of

the individual's record furnished through the Post by Records shall be given to

the individual if a challenge is initiated and the individual states a need for

a copy of the record for purposes of pursuing a challenge. The copy provided by

Records shall be permanently marked or stamped to indicate that the copy is for

the purpose of challenge and that any other use thereof would be in violation

of federal and state law. The Post shall forward to Records a "Challenge

of Record" form and any documents submitted by the individual in support

of the challenge.

 

      Section 5.

Processing of Challenge by Records. Records shall conduct a comparison of the

information under challenge with the original input documents and information

contained in the repository files. Any errors or omissions discovered in the

repository files shall be corrected. If no error is found, Records shall

forward a copy of the original challenge form, a copy of the record as

contained in the files, and any other relevant information to the agency or

agencies which the Record Section's records indicate as contributing the

information under challenge and shall request them to examine in an expeditious

manner all relevant files to determine the validity of the challenge. Records

shall notify the individual or his legal counsel in writing of the status of

said challenge within thirty (30) working days of the challenge date. Status of

challenge includes, but is not limited to, notice of clarification of record,

expungement of erroneous data, substantiating record or ongoing research

process.

 

      Section 6.

Administrative Review. If the record subject is dissatisfied with the action

taken by Records, the individual may request an Administrative Review. This

request shall be submitted in writing and directed to the attention of the

Commander of the Records Section. The Commander of the Records Section shall

notify in written form the Administrative Review Officer of the request for

Administrative Review upon receipt of such request. An individual within the

Department of State Police and designated by the Commissioner as the

Administrative Review Officer shall review the individual's record in the same

manner as performed by Records. The Administrative Review Officer shall notify

the individual, in writing, of the decision of the Administrative Review. This

notification shall be within thirty (30) days of submission of the written

request for the Administrative Review. Any further appeal by the individual

will be directed to the court for judicial review.

 

      Section 7.

Action Taken if Error or Omission Found Within Record. Records shall correct

necessary documents maintained in custody. Notification of all known criminal

justice recipients of the erroneous information within the past year and

corrections shall be effected in written form. Records shall furnish the

individual, upon request, a written list of known noncriminal justice

recipients within the past year and of corrections to be made. Records will

require that the agency originating the erroneous information notify all known

criminal justice recipients within the past year and of corrections to be made.

Further, the originating agency will be requested to furnish the individual,

upon request, a written list of all known noncriminal justice recipients of

erroneous information within the past year. (11 Ky.R. 1720; eff. 6-4-85.)