N.J. Admin. Code § 13:59-2.4

Current through Register Vol. 56, No. 11, June 3, 2024

Section 13:59-2.4 - Limitations on access and use of criminal history record information (CHRI) obtained for criminal justice purposes

(a) Access to criminal history record information for criminal justice purposes is restricted to criminal justice agencies as defined in 13:59-1.1. Criminal justice agencies shall limit their use of criminal history record information solely to the authorized purposes for which it was obtained. Criminal history record information furnished by the SBI or accessed pursuant to a "New Jersey Criminal Justice Information System User's Agreement" shall not be further disseminated for any purpose, unless such further dissemination is authorized by law.

(b) The State Bureau of Identification shall prominently display the following on any record disseminated for criminal justice purposes.

Use of this record is governed by Federal and state statutes and regulations. Unless fingerprints accompanied your inquiry, the State Bureau of Identification cannot guarantee this record relates to the person who is the subject of your request. Use of this record shall be limited solely to the authorized criminal justice purpose for which it was given and it shall not be further disseminated for any other purpose. This record shall be destroyed immediately after it has served its intended and authorized criminal justice purpose. All records are subject to change and in the event that a record is later expunged, dissemination may be prohibited pursuant to 2C:52-30, unless otherwise authorized by law. Any person violating Federal or state regulations governing access to criminal history record information is subject to any applicable criminal or civil penalties and remedies.

A person is presumed innocent of any charges or arrests for which there are no final dispositions indicated on the record. This record is certified as a true copy of the criminal history record information on file for the assigned SBI number.

(c) Except when authorized as a lawful exercise of official duties in conformity with 13:59-1.2 and 2.1, or unless otherwise authorized by law to provide access to criminal history record information for noncriminal justice purposes, no public servant shall access or permit any other person to access the information stored in the central repository of the New Jersey State Police SBI, National Crime Information Center (NCIC) or other states' repositories of computerized CHRI. This prohibition shall include use of any computer, computer system or computer network which may access computerized databases stored in the New Jersey Criminal Justice Information System, NCIC or other states' repository of computerized CHRI. Access by any public servant to information stored in the central repository of the New Jersey State Police SBI, NCIC or other states' repository of computerized CHRI shall be in strict conformity with these rules, the Federal regulations ( 28 CFR §§ 20.1 et seq.) and any "New Jersey Criminal Justice Information System Users Agreement" entered into by any criminal justice agency and the Division of State Police and Office of Information Technology.

N.J. Admin. Code § 13:59-2.4