S.C. Code Regs. § § 73-24
Current through Register Vol. 48, No. 10, October 25, 2024
Section 73-24 - Access and Review of Criminal Record InformationA. Individual right of access and review:(1) Upon verification of his or her identity, an individual will be entitled to review, without undue burden to either the agency or the individual, specific portions of criminal history record information maintained about the individual and obtain a copy thereof when necessary for the purpose of challenge or correction. Individuals wishing to review their records must appear personally at the SLED Criminal Records Department.(2) Times for review will be 8:30 a.m. through 5:00 p.m. Monday through Friday, except legal State holidays.(3) The requesting individual will fill out a SLED/CJIS review form, "Individual Request for Criminal Record Review".(4) If the individual is accompanied by an attorney, the attorney must produce evidence that he is a member, in good standing, of a state bar association.(5) When an individual who has mental or language disabilities is accompanied by another person to aid in the interpretation of the record, a statement explaining the presence of the person must be included in the review form. The accompanying person must also sign the review form.(6) If the individual is accompanied by another person, including a potential employer, the accompanying person must not be allowed to see the record. The accompanying person must follow the regular dissemination procedures given above.(7) Waivers have no authority. The record does not belong to the reviewing person, but to the agency which holds it.(8) A reasonable fee will be charged for processing this review at SLED/CJIS. The fee is not to exceed the actual cost of searching, processing, fingerprinting, and producing copies of the review.(9) Posters displayed at SLED will inform the public of an individual's right to inspect his or her criminal history record information.B. Inspection method: (1) An individual wishing to inspect his or her criminal history record information at SLED/CJIS must submit his or her name, date of birth, and a complete set of fingerprints recorded on an approved non-criminal fingerprint card.(2) Inspection is restricted to once every six months, provided the record has not been challenged and new information has not been added.(3) The site for inspecting a record housed at SLED/CJIS will be the office of the Criminal Records Department supervisor or a location designated by him or her to ensure the privacy of the individual during the review.(4) Inspection of records held by other agencies will be the responsibility of the requestor.C. Challenge procedures:(1) In order to formally challenge a record, the individual will complete a SLED/CJIS challenge form, "Challenge of Criminal History Record".(2) After completion of the challenge form, the individual will be given a copy of the entries which are being challenged.(3) Each copy will be marked "For Review and Challenge Only".D. Record verification and review procedures:(1) SLED/CJIS must accept or deny the challenge by performing an "Administrative Review", as defined below, to determine the validity of the challenge.(2) If SLED/CJIS finds errors or omissions or cannot verify the accuracy of a challenged record entry through other documentation provided by the appropriate criminal justice agencies, SLED/CJIS must accept the challenge and modify the record.E. Administrative Review: (1) Any individual who challenges his or her record at SLED/CJIS is entitled to have the challenged portion of the record removed, modified or corrected if there is no factual controversy concerning the challenge.(2) If there is factual controversy and the finding of SLED/CJIS is against the individual, he or she is entitled to a review of the decision by the Assistant Director for SLED/CJIS, within thirty days of notification of the finding.F. Administrative Appeal: (1) If an individual's challenge or a portion of the challenge is denied by administrative review, the individual may, within thirty days of receipt of the denial, appeal the denial by petitioning the Criminal History Administrative Appeal Board.(2) The Criminal History Administrative Appeal Board is composed of the Assistant Director of the South Carolina Law Enforcement Division for CJIS, and one management level representative each from:(a) local law enforcement agency;(b) the South Carolina Department of Probation, Parole, and Pardon Services;(c) the South Carolina Department of Corrections; and(d) the South Carolina Department of Court Administration.(3) The individual requesting an administrative appeal will, within sixty days, be given a hearing at which the individual may present evidence concerning the record. If the appeal is denied, the individual must be notified in writing of the reason for the denial.G. Agencies housing records that must be modified as a result of a Challenge must: (1) Provide a corrected record to every criminal justice agency that received the criminal history record during the twelve months before the challenge was decided.(2) Instruct those agencies to provide a corrected record to every criminal justice agency that received the criminal history record information from them in the twelve months prior to notification.(3) Maintain the notification cycle until all criminal justice agencies have been notified and the names of all non-criminal justice agencies and individuals have been obtained.(4) Provide the individual who challenged his record with the names of non-criminal justice agencies and individuals that received the information during the twelve months before the challenge was decided.(5) Prohibit the individual's right to access and review of data contained in intelligence, investigatory, or other related files and any information other than that defined under U. S. Title 28, Section 20.3(b) and Section 20.21G(6).Amended by State Register Volume 14, Issue No. 3, eff March 23, 1990; State Register Volume 25, Issue No. 9, eff September 28, 2001.