(A) For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
CRIMINAL HISTORY DATA. Information collected by criminal justice agencies or individuals consisting of identifiable descriptions and notations of arrests, indictments, information or other formal criminal charges and any disposition, including sentencing and correctional system intake, transfer and release. CRIMINAL HISTORY DATA includes information obtained from a Federal Department of Justice information system.
CRIMINAL JUSTICE AGENCY. Any agency or department of any level of government whose principal function is the apprehension, prosecution, adjudication, incarceration, rehabilitation or post-conviction representation of criminal offenders.
DEPARTMENT. The State Police Department.
DISPOSITION. Information disclosing that criminal proceedings have been concluded or indefinitely postponed.
INSPECTION. Visual perusal, and includes the right to make memoranda abstracts of the information.
LAW ENFORCEMENT AGENCY. An agency or department of any level of government whose principal function is the apprehension of criminal offenders.
LIMITED CRIMINAL HISTORY. Information with respect to any arrest, indictment, information or other formal criminal charge which must include a disposition. However, information about any arrest, indictment, information or other formal criminal charge which occurred less than one year before the date of a request shall be considered a LIMITED CRIMINAL HISTORY even if no disposition has been entered.
RELEASE. The furnishing of a copy or edited copy of criminal history data.
REQUEST. The asking for release or inspection of a limited criminal history by non-criminal justice organizations or individuals in a manner which:
(a) Reasonably insures the identification of the subject of the inquiries; and
(b) Contains a statement of the purpose for which the information is requested.
(B) On request, the City Police Department shall release or allow inspection of a limited criminal history to non-criminal justice organizations or individuals only if the subject of the request:
(1) Has applied for employment with a non-criminal justice organization or individual;
(2) Has applied for a license in criminal history data as is required by law to be provided in connection with the license;
(3) Is a candidate for public office or a public official;
(4) Is in the process of being apprehended by a law enforcement agency;
(5) Is placed under arrest for the alleged commission of a crime;
(6) Has charged that his or her rights have been abused repeatedly by criminal justice agencies; or
(7) Is the subject of a judicial decision or determination with respect to the setting of bond, plea bargaining, sentencing or probation.
(C) A non-criminal justice organization or individual which received a limited criminal history may not utilize it for purposes:
(1) Other than those stated in the request; or
(2) Which deny the subject any civil right to which the subject is entitled.
(D) On request for release or inspection of a limited criminal history, the Police Department shall do the following:
(1) Require a form, provided by them, to be completed. This form shall be maintained for a period of two years and shall be available to the record subject upon request;
(2) Collect a $3 fee to defray the cost of processing a request for inspection;
(3) Collect a $7 fee to defray the cost of processing a request for release; and
(4) The Police Department shall edit information so that the only information released or inspected is information which:
(a) Has been requested; and
(b) Is limited criminal history information.
(E) The Police Department shall, upon request and proper identification of the person about whom criminal history data is maintained, provide that person with a copy of the criminal history data for a fee of $7. The person may challenge the information contained in that file.
(F) This section is not applicable to and does not prevent the release or inspection of information contained in:
(1) Wanted person posters or announcements;
(2) An original record of entry, such as a police blotter, maintained by a criminal justice agency;
(3) Published court or administrative opinions, or records of public, judicial, administrative or legislative proceedings;
(4) Records of traffic offenses maintained by the Bureau of Motor Vehicles; or
(5) Announcements of pardon or executive clemency.
(Ord. 587, passed 7-18-1983)