{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/19.2-387.2.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/19.2-387.2.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/19.2-387.2.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/19.2-387.2.html"}],"law_id":64486,"edition_id":1,"section_id":64486,"structure_id":15051,"section_number":"19.2-387.2","catch_line":"National Crime Prevention and Privacy Compact of 1998","history":"2017, c. 319.","full_text":"The National Crime Prevention and Privacy Compact of 1998 is hereby enacted and entered into with all other jurisdictions legally joining therein in the form substantially as follows:\n\t\tNATIONAL CRIME PREVENTION AND PRIVACY COMPACT.\n\t\tThe Contracting Parties agree to the following:\n\t\tOverview.\n\nA\n\nIn general. This Compact organizes an electronic information sharing system among the Federal Government and the States to exchange criminal history records for noncriminal justice purposes authorized by Federal or State law, such as background checks for governmental licensing and employment.B\n\nObligations of parties. Under this Compact, the FBI and the Party States agree to maintain detailed databases of their respective criminal history records, including arrests and dispositions, and to make them available to the Federal Government and to Party States for authorized purposes. The FBI shall also manage the Federal data facilities that provide a significant part of the infrastructure for the system.\n\t\t\tARTICLE I. DEFINITIONS.\n\t\t\tIn this Compact:\n\t\t\t“Attorney General” means the Attorney General of the United States.\n\t\t\t“Compact officer” means:1\n\nWith respect to the Federal Government, an official so designated by the Director of the FBI; and2\n\nWith respect to a Party State, the chief administrator of the State’s criminal history record repository or a designee of the chief administrator who is a regular full-time employee of the repository.\n\t\t\t\t“Council” means the Compact Council established under Article VI.\n\t\t\t\t“Criminal history records” means information collected by criminal justice agencies on individuals consisting of identifiable descriptions and notations of arrests, detentions, indictments, or other formal criminal charges, and any disposition arising therefrom, including acquittal, sentencing, correctional supervision, or release. “Criminal history records” does not include identification information such as fingerprint records if such information does not indicate involvement of the individual with the criminal justice system.\n\t\t\t\t“Criminal history record repository” means the State agency designated by the Governor or other appropriate executive official or the legislature of a State to perform centralized recordkeeping functions for criminal history records and services in the State.\n\t\t\t\t“Criminal justice” includes activities relating to the detection, apprehension, detention, pretrial release, post-trial release, prosecution, adjudication, correctional supervision, or rehabilitation of accused persons or criminal offenders. The administration of criminal justice includes criminal identification activities and the collection, storage, and dissemination of criminal history records.\n\t\t\t\t“Criminal justice agency” means (i) courts; and (ii) a governmental agency or any subunit thereof that (a) performs the administration of criminal justice pursuant to a statute or Executive order; (b) allocates a substantial part of its annual budget to the administration of criminal justice; and (c) includes Federal and State inspectors general offices.\n\t\t\t\t“Criminal justice services” means services provided by the FBI to criminal justice agencies in response to a request for information about a particular individual or as an update to information previously provided for criminal justice purposes.\n\t\t\t\t“Criterion offense” means any felony or misdemeanor offense not included on the list of nonserious offenses published periodically by the FBI.\n\t\t\t\t“Direct access” means access to the National Identification Index by computer terminal or other automated means not requiring the assistance of or intervention by any other party or agency.\n\t\t\t\t“Executive order” means an order of the President of the United States or the chief executive officer of a State that has the force of law and that is promulgated in accordance with applicable law.\n\t\t\t\t“FBI” means the Federal Bureau of Investigation.\n\t\t\t\t“Interstate Identification Index System” or “III System” means the cooperative Federal-State system for the exchange of criminal history records and includes the National Identification Index, the National Fingerprint File and, to the extent of their participation in such system, the criminal history record repositories of the States and the FBI.\n\t\t\t\t“National Fingerprint File” means a database of fingerprints, or other uniquely personal identifying information, relating to an arrested or charged individual maintained by the FBI to provide positive identification of record subjects indexed in the III System.\n\t\t\t\t“National Identification Index” means an index maintained by the FBI consisting of names, identifying numbers, and other descriptive information relating to record subjects about whom there are criminal history records in the III System.\n\t\t\t\t“National indices” means the National Identification Index and the National Fingerprint File.\n\t\t\t\t“Noncriminal justice purposes” means uses of criminal history records for purposes authorized by Federal or State law other than purposes relating to criminal justice activities, including employment suitability, licensing determinations, immigration and naturalization matters, and national security clearances.\n\t\t\t\t“Nonparty State” means a State that has not ratified this Compact.\n\t\t\t\t“Party State” means a State that has ratified this Compact.\n\t\t\t\t“Positive identification” means a determination, based upon a comparison of fingerprints or other equally reliable biometric identification techniques, that the subject of a record search is the same person as the subject of a criminal history record or records indexed in the III System. Identifications based solely upon a comparison of subjects’ names or other nonunique identification characteristics or numbers, or combinations thereof, shall not constitute positive identification.\n\t\t\t\t“Sealed record information” means:1\n\nWith respect to adults, that portion of a record that is (i) not available for criminal justice uses; (ii) not supported by fingerprints or other accepted means of positive identification; or (iii) subject to restrictions on dissemination for noncriminal justice purposes pursuant to a court order related to a particular subject or pursuant to a Federal or State statute that requires action on a sealing petition filed by a particular record subject; and2\n\nWith respect to juveniles, whatever each State determines is a sealed record under its own law and procedure.\n\t\t\t\t“State” means any State, territory, or possession of the United States, the District of Columbia, and the Commonwealth of Puerto Rico.\n\t\t\t\tARTICLE II. PURPOSES.\n\t\t\t\tThe purposes of this Compact are to:1\n\nProvide a legal framework for the establishment of a cooperative Federal-State system for the interstate and Federal-State exchange of criminal history records for noncriminal justice uses;2\n\nRequire the FBI to permit use of the National Identification Index and the National Fingerprint File by each Party State, and to provide, in a timely fashion, Federal and State criminal history records to requesting States, in accordance with the terms of this Compact and with rules, procedures, and standards established by the Council under Article VI;3\n\nRequire Party States to provide information and records for the National Identification Index and the National Fingerprint File and to provide criminal history records, in a timely fashion, to criminal history record repositories of other States and the Federal Government for noncriminal justice purposes, in accordance with the terms of this Compact and with rules, procedures, and standards established by the Council under Article VI;4\n\nProvide for the establishment of a Council to monitor III System operations and to prescribe system rules and procedures for the effective and proper operation of the III System for noncriminal justice purposes; and5\n\nRequire the FBI and each Party State to adhere to III System standards concerning record dissemination and use, response times, system security, data quality, and other duly established standards, including those that enhance the accuracy and privacy of such records.\n\t\t\t\tARTICLE III. RESPONSIBILITY OF COMPACT PARTIES.A\n\nFBI responsibilities. The Director of the FBI shall:1\n\nAppoint an FBI Compact officer who shall:\n\t\t\t\ta. Administer this Compact within the Department of Justice and among Federal agencies and other agencies and organizations that submit search requests to the FBI pursuant to subsection C of Article V;\n\t\t\t\tb. Ensure that Compact provisions and rules, procedures, and standards prescribed by the Council under Article VI are complied with by the Department of Justice and the Federal agencies and other agencies and organizations referred to in subdivision A 1 a; and\n\t\t\t\tc. Regulate the use of records received by means of the III System from Party States when such records are supplied by the FBI directly to other Federal agencies;2\n\nProvide to Federal agencies and to State criminal history record repositories, criminal history records maintained in its database for the noncriminal justice purposes described in Article IV, including:\n\t\t\t\ta. Information from Nonparty States; and\n\t\t\t\tb. Information from Party States that is available from the FBI through the III System, but is not available from the Party State through the III System;3\n\nProvide a telecommunications network and maintain centralized facilities for the exchange of criminal history records for both criminal justice purposes and the noncriminal justice purposes described in Article IV, and ensure that the exchange of such records for criminal justice purposes has priority over exchange for noncriminal justice purposes; and4\n\nModify or enter into user agreements with Nonparty State criminal history record repositories to require them to establish record request procedures conforming to those prescribed in Article V.B\n\nState responsibilities. Each Party State shall:1\n\nAppoint a Compact officer who shall:\n\t\t\t\ta. Administer this Compact within that State;\n\t\t\t\tb. Ensure that Compact provisions and rules, procedures, and standards established by the Council under Article VI are complied with in the State; and\n\t\t\t\tc. Regulate the in-State use of records received by means of the III System from the FBI or from other Party States;2\n\nEstablish and maintain a criminal history record repository, which shall provide:\n\t\t\t\ta. Information and records for the National Identification Index and the National Fingerprint File; and\n\t\t\t\tb. The State’s III System-indexed criminal history records for noncriminal justice purposes described in Article IV;3\n\nParticipate in the National Fingerprint File; and4\n\nProvide and maintain telecommunications links and related equipment necessary to support the services set forth in this Compact.C\n\nCompliance with III System standards. In carrying out their responsibilities under this Compact, the FBI and each Party State shall comply with III System rules, procedures, and standards duly established by the Council concerning record dissemination and use, response times, data quality, system security, accuracy, privacy protection, and other aspects of III System operation.D\n\nMaintenance of record services.1\n\nUse of the III System for noncriminal justice purposes authorized in this Compact shall be managed so as not to diminish the level of services provided in support of criminal justice purposes.2\n\nAdministration of Compact provisions shall not reduce the level of service available to authorized noncriminal justice users on the effective date of this Compact.\n\t\t\t\tARTICLE IV. AUTHORIZED RECORD DISCLOSURES.A\n\nState criminal history record repositories. To the extent authorized by 5 U.S.C. § 552a (commonly known as the “Privacy Act of 1974″), the FBI shall provide on request criminal history records (excluding sealed records) to State criminal history record repositories for noncriminal justice purposes allowed by Federal statute, Federal Executive order, or a State statute that has been approved by the Attorney General and that authorizes national indices checks.B\n\nCriminal justice agencies and other governmental or nongovernmental agencies. The FBI, to the extent authorized by 5 U.S.C. § 552a (commonly known as the “Privacy Act of 1974″), and State criminal history record repositories shall provide criminal history records (excluding sealed records) to criminal justice agencies and other governmental or nongovernmental agencies for noncriminal justice purposes allowed by Federal statute, Federal Executive order, or a State statute that has been approved by the Attorney General, that authorizes national indices checks.C\n\nProcedures. Any record obtained under this Compact may be used only for the official purposes for which the record was requested. Each Compact officer shall establish procedures, consistent with this Compact, and with rules, procedures, and standards established by the Council under Article VI, which procedures shall protect the accuracy and privacy of the records, and shall:1\n\nEnsure that records obtained under this Compact are used only by authorized officials for authorized purposes;2\n\nRequire that subsequent record checks are requested to obtain current information whenever a new need arises; and3\n\nEnsure that record entries that may not legally be used for a particular noncriminal justice purpose are deleted from the response and, if no information authorized for release remains, an appropriate “no record” response is communicated to the requesting official.\n\t\t\t\tARTICLE V. RECORD REQUEST PROCEDURES.A\n\nPositive identification. Subject fingerprints or other approved forms of positive identification shall be submitted with all requests for criminal history record checks for noncriminal justice purposes.B\n\nSubmission of State requests. Each request for a criminal history record check utilizing the national indices made under any approved State statute shall be submitted through that State’s criminal history record repository. A State criminal history record repository shall process an interstate request for noncriminal justice purposes through the national indices only if such request is transmitted through another State criminal history record repository or the FBI.C\n\nSubmission of Federal requests. Each request for criminal history record checks utilizing the national indices made under Federal authority shall be submitted through the FBI or, if the State criminal history record repository consents to process fingerprint submissions, through the criminal history record repository in the State in which such request originated. Direct access to the National Identification Index by entities other than the FBI and State criminal history records repositories shall not be permitted for noncriminal justice purposes.D\n\nFees. A State criminal history record repository or the FBI:1\n\nMay charge a fee, in accordance with applicable law, for handling a request involving fingerprint processing for noncriminal justice purposes; and2\n\nMay not charge a fee for providing criminal history records in response to an electronic request for a record that does not involve a request to process fingerprints.E\n\nAdditional search.1\n\nIf a State criminal history record repository cannot positively identify the subject of a record request made for noncriminal justice purposes, the request, together with fingerprints or other approved identifying information, shall be forwarded to the FBI for a search of the national indices.2\n\nIf, with respect to a request forwarded by a State criminal history record repository under subdivision 1, the FBI positively identifies the subject as having a III System-indexed record or records:\n\t\t\t\ta. The FBI shall so advise the State criminal history record repository; and\n\t\t\t\tb. The State criminal history record repository shall be entitled to obtain the additional criminal history record information from the FBI or other State criminal history record repositories.\n\t\t\t\tARTICLE VI. ESTABLISHMENT OF COMPACT COUNCIL.A\n\nEstablishment.1\n\nIn general. There is established a council to be known as the “Compact Council,” which shall have the authority to promulgate rules and procedures governing the use of the III System for noncriminal justice purposes, not to conflict with FBI administration of the III System for criminal justice purposes.2\n\nOrganization. The Council shall:\n\t\t\t\ta. Continue in existence as long as this Compact remains in effect;\n\t\t\t\tb. Be located, for administrative purposes, within the FBI; and\n\t\t\t\tc. Be organized and hold its first meeting as soon as practicable after the effective date of this Compact.B\n\nMembership. The Council shall be composed of 15 members, each of whom shall be appointed by the Attorney General, as follows:1\n\nNine members, each of whom shall serve a two-year term, who shall be selected from among the Compact officers of Party States based on the recommendation of the Compact officers of all Party States, except that, in the absence of the requisite number of Compact officers available to serve, the chief administrators of the criminal history record repositories of Nonparty States shall be eligible to serve on an interim basis.2\n\nTwo at-large members, nominated by the Director of the FBI, each of whom shall serve a three-year term, of whom:\n\t\t\t\ta. One shall be a representative of the criminal justice agencies of the Federal Government and may not be an employee of the FBI; and\n\t\t\t\tb. One shall be a representative of the noncriminal justice agencies of the Federal Government.3\n\nTwo at-large members, nominated by the Chairman of the Council, once the Chairman is elected pursuant to subsection C, each of whom shall serve a three-year term, of whom:\n\t\t\t\ta. One shall be a representative of State or local criminal justice agencies; and\n\t\t\t\tb. One shall be a representative of State or local noncriminal justice agencies.4\n\nOne member, who shall serve a three-year term, and who shall simultaneously be a member of the FBI’s advisory policy board on criminal justice information services, nominated by the membership of that policy board.5\n\nOne member, nominated by the Director of the FBI, who shall serve a three-year term, and who shall be an employee of the FBI.C\n\nChairman and Vice Chairman.1\n\nIn general. From its membership, the Council shall elect a Chairman and a Vice Chairman of the Council, respectively. Both the Chairman and Vice Chairman of the Council:\n\t\t\t\ta. Shall be a Compact officer, unless there is no Compact officer on the Council who is willing to serve, in which case the Chairman may be an at-large member; and\n\t\t\t\tb. Shall serve a two-year term and may be reelected to only one additional two-year term.2\n\nDuties of Vice Chairman. The Vice Chairman of the Council shall serve as the Chairman of the Council in the absence of the Chairman.D\n\nMeetings.1\n\nIn general. The Council shall meet at least once each year at the call of the Chairman. Each meeting of the Council shall be open to the public. The Council shall provide prior public notice in the Federal Register of each meeting of the Council, including the matters to be addressed at such meeting.2\n\nQuorum. A majority of the Council or any committee of the Council shall constitute a quorum of the Council or of such committee, respectively, for the conduct of business. A lesser number may meet to hold hearings, take testimony, or conduct any business not requiring a vote.E\n\nRules, procedures, and standards. The Council shall make available for public inspection and copying at the Council office within the FBI, and shall publish in the Federal Register, any rules, procedures, or standards established by the Council.F\n\nAssistance from FBI. The Council may request from the FBI such reports, studies, statistics, or other information or materials as the Council determines to be necessary to enable the Council to perform its duties under this Compact. The FBI, to the extent authorized by law, may provide such assistance or information upon such a request.G\n\nCommittees. The Chairman may establish committees as necessary to carry out this Compact and may prescribe their membership, responsibilities, and duration.\n\t\t\tARTICLE VII. RATIFICATION OF COMPACT.\n\t\t\tThis Compact shall take effect upon being entered into by two or more States as between those States and the Federal Government. Upon subsequent entering into this Compact by additional States, it shall become effective among those States and the Federal Government and each Party State that has previously ratified it. When ratified, this Compact shall have the full force and effect of law within the ratifying jurisdictions. The form of ratification shall be in accordance with the laws of the executing State.\n\t\t\tARTICLE VIII. MISCELLANEOUS PROVISIONSA\n\nRelation of Compact to certain FBI activities. Administration of this Compact shall not interfere with the management and control of the Director of the FBI over the FBI’s collection and dissemination of criminal history records and the advisory function of the FBI’s advisory policy board chartered under the Federal Advisory Committee Act (5 U.S.C. App.) for all purposes other than noncriminal justice.B\n\nNo authority for nonappropriated expenditures. Nothing in this Compact shall require the FBI to obligate or expend funds beyond those appropriated to the FBI.C\n\nRelating to Public Law 92 544. Nothing in this Compact shall diminish or lessen the obligations, responsibilities, and authorities of any State, whether a Party State or a Nonparty State, or of any criminal history record repository or other subdivision or component thereof, under the Departments of State, Justice, and Commerce, the Judiciary, and Related Agencies Appropriation Act, 1973 (Public Law 92 544), or regulations and guidelines promulgated thereunder, including the rules and procedures promulgated by the Council under subsection A of Article VI, regarding the use and dissemination of criminal history records and information.\n\t\t\tARTICLE IX. RENUNCIATION.A\n\nIn general. This Compact shall bind each Party State until renounced by the Party State.B\n\nEffect. Any renunciation of this Compact by a Party State shall:1\n\nBe effected in the same manner by which the Party State ratified this Compact; and2\n\nBecome effective 180 days after written notice of renunciation is provided by the Party State to each other Party State and to the Federal Government.\n\t\t\t\tARTICLE X. SEVERABILITY.\n\t\t\t\tThe provisions of this Compact shall be severable, and if any phrase, clause, sentence, or provision of this Compact is declared to be contrary to the constitution of any participating State, or to the Constitution of the United States, or the applicability thereof to any government, agency, person, or circumstance is held invalid, the validity of the remainder of this Compact and the applicability thereof to any government, agency, person, or circumstance shall not be affected thereby. If a portion of this Compact is held contrary to the constitution of any Party State, all other portions of this Compact shall remain in full force and effect as to the remaining Party States and in full force and effect as to the Party State affected, as to all other provisions.\n\t\t\t\tARTICLE XI. ADJUDICATION OF DISPUTES.A\n\nIn general. The Council shall:1\n\nHave initial authority to make determinations with respect to any dispute regarding:\n\t\t\t\ta. Interpretation of this Compact;\n\t\t\t\tb. Any rule or standard established by the Council pursuant to Article V; and\n\t\t\t\tc. Any dispute or controversy between any parties to this Compact; and2\n\nHold a hearing concerning any dispute described in subdivision 1 at a regularly scheduled meeting of the Council and only render a decision based upon a majority vote of the members of the Council. Such decision shall be published pursuant to the requirements of subsection E of Article VI.B\n\nDuties of FBI. The FBI shall exercise immediate and necessary action to preserve the integrity of the III System, maintain system policy and standards, protect the accuracy and privacy of records, and to prevent abuses, until the Council holds a hearing on such matters.C\n\nRight of appeal. The FBI or a Party State may appeal any decision of the Council to the Attorney General, and thereafter may file suit in the appropriate district court of the United States, which shall have original jurisdiction of all cases or controversies arising under this Compact. Any suit arising under this Compact and initiated in a State court shall be removed to the appropriate district court of the United States in the manner provided by 28 U.S.C. § 1446, or other statutory authority.","order_by":null,"text":{"0":{"id":234653,"text":"The National Crime Prevention and Privacy Compact of 1998 is hereby enacted and entered into with all other jurisdictions legally joining therein in the form substantially as follows:\n\t\tNATIONAL CRIME PREVENTION AND PRIVACY COMPACT.\n\t\tThe Contracting Parties agree to the following:\n\t\tOverview.","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1,"next_prefix":"A"},"1":{"id":234654,"text":"In general. This Compact organizes an electronic information sharing system among the Federal Government and the States to exchange criminal history records for noncriminal justice purposes authorized by Federal or State law, such as background checks for governmental licensing and employment.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"prior_prefix":"","next_prefix":"B"},"2":{"id":234655,"text":"Obligations of parties. Under this Compact, the FBI and the Party States agree to maintain detailed databases of their respective criminal history records, including arrests and dispositions, and to make them available to the Federal Government and to Party States for authorized purposes. The FBI shall also manage the Federal data facilities that provide a significant part of the infrastructure for the system.\n\t\t\tARTICLE I. DEFINITIONS.\n\t\t\tIn this Compact:\n\t\t\t“Attorney General” means the Attorney General of the United States.\n\t\t\t“Compact officer” means:","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"B1"},"3":{"id":234656,"text":"With respect to the Federal Government, an official so designated by the Director of the FBI; and","type":"section","prefixes":["B","1"],"prefix":"1","entire_prefix":"B1","prefix_anchor":"B1","level":2,"prior_prefix":"B","next_prefix":"B2"},"4":{"id":234657,"text":"With respect to a Party State, the chief administrator of the State’s criminal history record repository or a designee of the chief administrator who is a regular full-time employee of the repository.\n\t\t\t\t“Council” means the Compact Council established under Article VI.\n\t\t\t\t“Criminal history records” means information collected by criminal justice agencies on individuals consisting of identifiable descriptions and notations of arrests, detentions, indictments, or other formal criminal charges, and any disposition arising therefrom, including acquittal, sentencing, correctional supervision, or release. “Criminal history records” does not include identification information such as fingerprint records if such information does not indicate involvement of the individual with the criminal justice system.\n\t\t\t\t“Criminal history record repository” means the State agency designated by the Governor or other appropriate executive official or the legislature of a State to perform centralized recordkeeping functions for criminal history records and services in the State.\n\t\t\t\t“Criminal justice” includes activities relating to the detection, apprehension, detention, pretrial release, post-trial release, prosecution, adjudication, correctional supervision, or rehabilitation of accused persons or criminal offenders. The administration of criminal justice includes criminal identification activities and the collection, storage, and dissemination of criminal history records.\n\t\t\t\t“Criminal justice agency” means (i) courts; and (ii) a governmental agency or any subunit thereof that (a) performs the administration of criminal justice pursuant to a statute or Executive order; (b) allocates a substantial part of its annual budget to the administration of criminal justice; and (c) includes Federal and State inspectors general offices.\n\t\t\t\t“Criminal justice services” means services provided by the FBI to criminal justice agencies in response to a request for information about a particular individual or as an update to information previously provided for criminal justice purposes.\n\t\t\t\t“Criterion offense” means any felony or misdemeanor offense not included on the list of nonserious offenses published periodically by the FBI.\n\t\t\t\t“Direct access” means access to the National Identification Index by computer terminal or other automated means not requiring the assistance of or intervention by any other party or agency.\n\t\t\t\t“Executive order” means an order of the President of the United States or the chief executive officer of a State that has the force of law and that is promulgated in accordance with applicable law.\n\t\t\t\t“FBI” means the Federal Bureau of Investigation.\n\t\t\t\t“Interstate Identification Index System” or “III System” means the cooperative Federal-State system for the exchange of criminal history records and includes the National Identification Index, the National Fingerprint File and, to the extent of their participation in such system, the criminal history record repositories of the States and the FBI.\n\t\t\t\t“National Fingerprint File” means a database of fingerprints, or other uniquely personal identifying information, relating to an arrested or charged individual maintained by the FBI to provide positive identification of record subjects indexed in the III System.\n\t\t\t\t“National Identification Index” means an index maintained by the FBI consisting of names, identifying numbers, and other descriptive information relating to record subjects about whom there are criminal history records in the III System.\n\t\t\t\t“National indices” means the National Identification Index and the National Fingerprint File.\n\t\t\t\t“Noncriminal justice purposes” means uses of criminal history records for purposes authorized by Federal or State law other than purposes relating to criminal justice activities, including employment suitability, licensing determinations, immigration and naturalization matters, and national security clearances.\n\t\t\t\t“Nonparty State” means a State that has not ratified this Compact.\n\t\t\t\t“Party State” means a State that has ratified this Compact.\n\t\t\t\t“Positive identification” means a determination, based upon a comparison of fingerprints or other equally reliable biometric identification techniques, that the subject of a record search is the same person as the subject of a criminal history record or records indexed in the III System. Identifications based solely upon a comparison of subjects’ names or other nonunique identification characteristics or numbers, or combinations thereof, shall not constitute positive identification.\n\t\t\t\t“Sealed record information” means:","type":"section","prefixes":["B","2"],"prefix":"2","entire_prefix":"B2","prefix_anchor":"B2","level":2,"prior_prefix":"B1","next_prefix":"B1"},"5":{"id":234658,"text":"With respect to adults, that portion of a record that is (i) not available for criminal justice uses; (ii) not supported by fingerprints or other accepted means of positive identification; or (iii) subject to restrictions on dissemination for noncriminal justice purposes pursuant to a court order related to a particular subject or pursuant to a Federal or State statute that requires action on a sealing petition filed by a particular record subject; and","type":"section","prefixes":["B","1"],"prefix":"1","entire_prefix":"B1","prefix_anchor":"B1","level":2,"prior_prefix":"B2","next_prefix":"B2"},"6":{"id":234659,"text":"With respect to juveniles, whatever each State determines is a sealed record under its own law and procedure.\n\t\t\t\t“State” means any State, territory, or possession of the United States, the District of Columbia, and the Commonwealth of Puerto Rico.\n\t\t\t\tARTICLE II. PURPOSES.\n\t\t\t\tThe purposes of this Compact are to:","type":"section","prefixes":["B","2"],"prefix":"2","entire_prefix":"B2","prefix_anchor":"B2","level":2,"prior_prefix":"B1","next_prefix":"B1"},"7":{"id":234660,"text":"Provide a legal framework for the establishment of a cooperative Federal-State system for the interstate and Federal-State exchange of criminal history records for noncriminal justice uses;","type":"section","prefixes":["B","1"],"prefix":"1","entire_prefix":"B1","prefix_anchor":"B1","level":2,"prior_prefix":"B2","next_prefix":"B2"},"8":{"id":234661,"text":"Require the FBI to permit use of the National Identification Index and the National Fingerprint File by each Party State, and to provide, in a timely fashion, Federal and State criminal history records to requesting States, in accordance with the terms of this Compact and with rules, procedures, and standards established by the Council under Article VI;","type":"section","prefixes":["B","2"],"prefix":"2","entire_prefix":"B2","prefix_anchor":"B2","level":2,"prior_prefix":"B1","next_prefix":"B3"},"9":{"id":234662,"text":"Require Party States to provide information and records for the National Identification Index and the National Fingerprint File and to provide criminal history records, in a timely fashion, to criminal history record repositories of other States and the Federal Government for noncriminal justice purposes, in accordance with the terms of this Compact and with rules, procedures, and standards established by the Council under Article VI;","type":"section","prefixes":["B","3"],"prefix":"3","entire_prefix":"B3","prefix_anchor":"B3","level":2,"prior_prefix":"B2","next_prefix":"B4"},"10":{"id":234663,"text":"Provide for the establishment of a Council to monitor III System operations and to prescribe system rules and procedures for the effective and proper operation of the III System for noncriminal justice purposes; and","type":"section","prefixes":["B","4"],"prefix":"4","entire_prefix":"B4","prefix_anchor":"B4","level":2,"prior_prefix":"B3","next_prefix":"B5"},"11":{"id":234664,"text":"Require the FBI and each Party State to adhere to III System standards concerning record dissemination and use, response times, system security, data quality, and other duly established standards, including those that enhance the accuracy and privacy of such records.\n\t\t\t\tARTICLE III. RESPONSIBILITY OF COMPACT PARTIES.","type":"section","prefixes":["B","5"],"prefix":"5","entire_prefix":"B5","prefix_anchor":"B5","level":2,"prior_prefix":"B4","next_prefix":"A"},"12":{"id":234665,"text":"FBI responsibilities. The Director of the FBI shall:","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"prior_prefix":"B5","next_prefix":"A1"},"13":{"id":234666,"text":"Appoint an FBI Compact officer who shall:\n\t\t\t\ta. Administer this Compact within the Department of Justice and among Federal agencies and other agencies and organizations that submit search requests to the FBI pursuant to subsection C of Article V;\n\t\t\t\tb. Ensure that Compact provisions and rules, procedures, and standards prescribed by the Council under Article VI are complied with by the Department of Justice and the Federal agencies and other agencies and organizations referred to in subdivision A 1 a; and\n\t\t\t\tc. Regulate the use of records received by means of the III System from Party States when such records are supplied by the FBI directly to other Federal agencies;","type":"section","prefixes":["A","1"],"prefix":"1","entire_prefix":"A1","prefix_anchor":"A1","level":2,"prior_prefix":"A","next_prefix":"A2"},"14":{"id":234667,"text":"Provide to Federal agencies and to State criminal history record repositories, criminal history records maintained in its database for the noncriminal justice purposes described in Article IV, including:\n\t\t\t\ta. Information from Nonparty States; and\n\t\t\t\tb. Information from Party States that is available from the FBI through the III System, but is not available from the Party State through the III System;","type":"section","prefixes":["A","2"],"prefix":"2","entire_prefix":"A2","prefix_anchor":"A2","level":2,"prior_prefix":"A1","next_prefix":"A3"},"15":{"id":234668,"text":"Provide a telecommunications network and maintain centralized facilities for the exchange of criminal history records for both criminal justice purposes and the noncriminal justice purposes described in Article IV, and ensure that the exchange of such records for criminal justice purposes has priority over exchange for noncriminal justice purposes; and","type":"section","prefixes":["A","3"],"prefix":"3","entire_prefix":"A3","prefix_anchor":"A3","level":2,"prior_prefix":"A2","next_prefix":"A4"},"16":{"id":234669,"text":"Modify or enter into user agreements with Nonparty State criminal history record repositories to require them to establish record request procedures conforming to those prescribed in Article V.","type":"section","prefixes":["A","4"],"prefix":"4","entire_prefix":"A4","prefix_anchor":"A4","level":2,"prior_prefix":"A3","next_prefix":"B"},"17":{"id":234670,"text":"State responsibilities. Each Party State shall:","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A4","next_prefix":"B1"},"18":{"id":234671,"text":"Appoint a Compact officer who shall:\n\t\t\t\ta. Administer this Compact within that State;\n\t\t\t\tb. Ensure that Compact provisions and rules, procedures, and standards established by the Council under Article VI are complied with in the State; and\n\t\t\t\tc. Regulate the in-State use of records received by means of the III System from the FBI or from other Party States;","type":"section","prefixes":["B","1"],"prefix":"1","entire_prefix":"B1","prefix_anchor":"B1","level":2,"prior_prefix":"B","next_prefix":"B2"},"19":{"id":234672,"text":"Establish and maintain a criminal history record repository, which shall provide:\n\t\t\t\ta. Information and records for the National Identification Index and the National Fingerprint File; and\n\t\t\t\tb. The State’s III System-indexed criminal history records for noncriminal justice purposes described in Article IV;","type":"section","prefixes":["B","2"],"prefix":"2","entire_prefix":"B2","prefix_anchor":"B2","level":2,"prior_prefix":"B1","next_prefix":"B3"},"20":{"id":234673,"text":"Participate in the National Fingerprint File; and","type":"section","prefixes":["B","3"],"prefix":"3","entire_prefix":"B3","prefix_anchor":"B3","level":2,"prior_prefix":"B2","next_prefix":"B4"},"21":{"id":234674,"text":"Provide and maintain telecommunications links and related equipment necessary to support the services set forth in this Compact.","type":"section","prefixes":["B","4"],"prefix":"4","entire_prefix":"B4","prefix_anchor":"B4","level":2,"prior_prefix":"B3","next_prefix":"C"},"22":{"id":234675,"text":"Compliance with III System standards. In carrying out their responsibilities under this Compact, the FBI and each Party State shall comply with III System rules, procedures, and standards duly established by the Council concerning record dissemination and use, response times, data quality, system security, accuracy, privacy protection, and other aspects of III System operation.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B4","next_prefix":"D"},"23":{"id":234676,"text":"Maintenance of record services.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"D1"},"24":{"id":234677,"text":"Use of the III System for noncriminal justice purposes authorized in this Compact shall be managed so as not to diminish the level of services provided in support of criminal justice purposes.","type":"section","prefixes":["D","1"],"prefix":"1","entire_prefix":"D1","prefix_anchor":"D1","level":2,"prior_prefix":"D","next_prefix":"D2"},"25":{"id":234678,"text":"Administration of Compact provisions shall not reduce the level of service available to authorized noncriminal justice users on the effective date of this Compact.\n\t\t\t\tARTICLE IV. AUTHORIZED RECORD DISCLOSURES.","type":"section","prefixes":["D","2"],"prefix":"2","entire_prefix":"D2","prefix_anchor":"D2","level":2,"prior_prefix":"D1","next_prefix":"A"},"26":{"id":234679,"text":"State criminal history record repositories. To the extent authorized by 5 U.S.C. § 552a (commonly known as the “Privacy Act of 1974″), the FBI shall provide on request criminal history records (excluding sealed records) to State criminal history record repositories for noncriminal justice purposes allowed by Federal statute, Federal Executive order, or a State statute that has been approved by the Attorney General and that authorizes national indices checks.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"prior_prefix":"D2","next_prefix":"B"},"27":{"id":234680,"text":"Criminal justice agencies and other governmental or nongovernmental agencies. The FBI, to the extent authorized by 5 U.S.C. § 552a (commonly known as the “Privacy Act of 1974″), and State criminal history record repositories shall provide criminal history records (excluding sealed records) to criminal justice agencies and other governmental or nongovernmental agencies for noncriminal justice purposes allowed by Federal statute, Federal Executive order, or a State statute that has been approved by the Attorney General, that authorizes national indices checks.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"28":{"id":234681,"text":"Procedures. Any record obtained under this Compact may be used only for the official purposes for which the record was requested. Each Compact officer shall establish procedures, consistent with this Compact, and with rules, procedures, and standards established by the Council under Article VI, which procedures shall protect the accuracy and privacy of the records, and shall:","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"C1"},"29":{"id":234682,"text":"Ensure that records obtained under this Compact are used only by authorized officials for authorized purposes;","type":"section","prefixes":["C","1"],"prefix":"1","entire_prefix":"C1","prefix_anchor":"C1","level":2,"prior_prefix":"C","next_prefix":"C2"},"30":{"id":234683,"text":"Require that subsequent record checks are requested to obtain current information whenever a new need arises; and","type":"section","prefixes":["C","2"],"prefix":"2","entire_prefix":"C2","prefix_anchor":"C2","level":2,"prior_prefix":"C1","next_prefix":"C3"},"31":{"id":234684,"text":"Ensure that record entries that may not legally be used for a particular noncriminal justice purpose are deleted from the response and, if no information authorized for release remains, an appropriate “no record” response is communicated to the requesting official.\n\t\t\t\tARTICLE V. RECORD REQUEST PROCEDURES.","type":"section","prefixes":["C","3"],"prefix":"3","entire_prefix":"C3","prefix_anchor":"C3","level":2,"prior_prefix":"C2","next_prefix":"A"},"32":{"id":234685,"text":"Positive identification. Subject fingerprints or other approved forms of positive identification shall be submitted with all requests for criminal history record checks for noncriminal justice purposes.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"prior_prefix":"C3","next_prefix":"B"},"33":{"id":234686,"text":"Submission of State requests. Each request for a criminal history record check utilizing the national indices made under any approved State statute shall be submitted through that State’s criminal history record repository. A State criminal history record repository shall process an interstate request for noncriminal justice purposes through the national indices only if such request is transmitted through another State criminal history record repository or the FBI.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"34":{"id":234687,"text":"Submission of Federal requests. Each request for criminal history record checks utilizing the national indices made under Federal authority shall be submitted through the FBI or, if the State criminal history record repository consents to process fingerprint submissions, through the criminal history record repository in the State in which such request originated. Direct access to the National Identification Index by entities other than the FBI and State criminal history records repositories shall not be permitted for noncriminal justice purposes.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"35":{"id":234688,"text":"Fees. A State criminal history record repository or the FBI:","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"D1"},"36":{"id":234689,"text":"May charge a fee, in accordance with applicable law, for handling a request involving fingerprint processing for noncriminal justice purposes; and","type":"section","prefixes":["D","1"],"prefix":"1","entire_prefix":"D1","prefix_anchor":"D1","level":2,"prior_prefix":"D","next_prefix":"D2"},"37":{"id":234690,"text":"May not charge a fee for providing criminal history records in response to an electronic request for a record that does not involve a request to process fingerprints.","type":"section","prefixes":["D","2"],"prefix":"2","entire_prefix":"D2","prefix_anchor":"D2","level":2,"prior_prefix":"D1","next_prefix":"E"},"38":{"id":234691,"text":"Additional search.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D2","next_prefix":"E1"},"39":{"id":234692,"text":"If a State criminal history record repository cannot positively identify the subject of a record request made for noncriminal justice purposes, the request, together with fingerprints or other approved identifying information, shall be forwarded to the FBI for a search of the national indices.","type":"section","prefixes":["E","1"],"prefix":"1","entire_prefix":"E1","prefix_anchor":"E1","level":2,"prior_prefix":"E","next_prefix":"E2"},"40":{"id":234693,"text":"If, with respect to a request forwarded by a State criminal history record repository under subdivision 1, the FBI positively identifies the subject as having a III System-indexed record or records:\n\t\t\t\ta. The FBI shall so advise the State criminal history record repository; and\n\t\t\t\tb. The State criminal history record repository shall be entitled to obtain the additional criminal history record information from the FBI or other State criminal history record repositories.\n\t\t\t\tARTICLE VI. ESTABLISHMENT OF COMPACT COUNCIL.","type":"section","prefixes":["E","2"],"prefix":"2","entire_prefix":"E2","prefix_anchor":"E2","level":2,"prior_prefix":"E1","next_prefix":"A"},"41":{"id":234694,"text":"Establishment.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"prior_prefix":"E2","next_prefix":"A1"},"42":{"id":234695,"text":"In general. There is established a council to be known as the “Compact Council,” which shall have the authority to promulgate rules and procedures governing the use of the III System for noncriminal justice purposes, not to conflict with FBI administration of the III System for criminal justice purposes.","type":"section","prefixes":["A","1"],"prefix":"1","entire_prefix":"A1","prefix_anchor":"A1","level":2,"prior_prefix":"A","next_prefix":"A2"},"43":{"id":234696,"text":"Organization. The Council shall:\n\t\t\t\ta. Continue in existence as long as this Compact remains in effect;\n\t\t\t\tb. Be located, for administrative purposes, within the FBI; and\n\t\t\t\tc. Be organized and hold its first meeting as soon as practicable after the effective date of this Compact.","type":"section","prefixes":["A","2"],"prefix":"2","entire_prefix":"A2","prefix_anchor":"A2","level":2,"prior_prefix":"A1","next_prefix":"B"},"44":{"id":234697,"text":"Membership. The Council shall be composed of 15 members, each of whom shall be appointed by the Attorney General, as follows:","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A2","next_prefix":"B1"},"45":{"id":234698,"text":"Nine members, each of whom shall serve a two-year term, who shall be selected from among the Compact officers of Party States based on the recommendation of the Compact officers of all Party States, except that, in the absence of the requisite number of Compact officers available to serve, the chief administrators of the criminal history record repositories of Nonparty States shall be eligible to serve on an interim basis.","type":"section","prefixes":["B","1"],"prefix":"1","entire_prefix":"B1","prefix_anchor":"B1","level":2,"prior_prefix":"B","next_prefix":"B2"},"46":{"id":234699,"text":"Two at-large members, nominated by the Director of the FBI, each of whom shall serve a three-year term, of whom:\n\t\t\t\ta. One shall be a representative of the criminal justice agencies of the Federal Government and may not be an employee of the FBI; and\n\t\t\t\tb. One shall be a representative of the noncriminal justice agencies of the Federal Government.","type":"section","prefixes":["B","2"],"prefix":"2","entire_prefix":"B2","prefix_anchor":"B2","level":2,"prior_prefix":"B1","next_prefix":"B3"},"47":{"id":234700,"text":"Two at-large members, nominated by the Chairman of the Council, once the Chairman is elected pursuant to subsection C, each of whom shall serve a three-year term, of whom:\n\t\t\t\ta. One shall be a representative of State or local criminal justice agencies; and\n\t\t\t\tb. One shall be a representative of State or local noncriminal justice agencies.","type":"section","prefixes":["B","3"],"prefix":"3","entire_prefix":"B3","prefix_anchor":"B3","level":2,"prior_prefix":"B2","next_prefix":"B4"},"48":{"id":234701,"text":"One member, who shall serve a three-year term, and who shall simultaneously be a member of the FBI’s advisory policy board on criminal justice information services, nominated by the membership of that policy board.","type":"section","prefixes":["B","4"],"prefix":"4","entire_prefix":"B4","prefix_anchor":"B4","level":2,"prior_prefix":"B3","next_prefix":"B5"},"49":{"id":234702,"text":"One member, nominated by the Director of the FBI, who shall serve a three-year term, and who shall be an employee of the FBI.","type":"section","prefixes":["B","5"],"prefix":"5","entire_prefix":"B5","prefix_anchor":"B5","level":2,"prior_prefix":"B4","next_prefix":"C"},"50":{"id":234703,"text":"Chairman and Vice Chairman.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B5","next_prefix":"C1"},"51":{"id":234704,"text":"In general. From its membership, the Council shall elect a Chairman and a Vice Chairman of the Council, respectively. Both the Chairman and Vice Chairman of the Council:\n\t\t\t\ta. Shall be a Compact officer, unless there is no Compact officer on the Council who is willing to serve, in which case the Chairman may be an at-large member; and\n\t\t\t\tb. Shall serve a two-year term and may be reelected to only one additional two-year term.","type":"section","prefixes":["C","1"],"prefix":"1","entire_prefix":"C1","prefix_anchor":"C1","level":2,"prior_prefix":"C","next_prefix":"C2"},"52":{"id":234705,"text":"Duties of Vice Chairman. The Vice Chairman of the Council shall serve as the Chairman of the Council in the absence of the Chairman.","type":"section","prefixes":["C","2"],"prefix":"2","entire_prefix":"C2","prefix_anchor":"C2","level":2,"prior_prefix":"C1","next_prefix":"D"},"53":{"id":234706,"text":"Meetings.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C2","next_prefix":"D1"},"54":{"id":234707,"text":"In general. The Council shall meet at least once each year at the call of the Chairman. Each meeting of the Council shall be open to the public. The Council shall provide prior public notice in the Federal Register of each meeting of the Council, including the matters to be addressed at such meeting.","type":"section","prefixes":["D","1"],"prefix":"1","entire_prefix":"D1","prefix_anchor":"D1","level":2,"prior_prefix":"D","next_prefix":"D2"},"55":{"id":234708,"text":"Quorum. A majority of the Council or any committee of the Council shall constitute a quorum of the Council or of such committee, respectively, for the conduct of business. A lesser number may meet to hold hearings, take testimony, or conduct any business not requiring a vote.","type":"section","prefixes":["D","2"],"prefix":"2","entire_prefix":"D2","prefix_anchor":"D2","level":2,"prior_prefix":"D1","next_prefix":"E"},"56":{"id":234709,"text":"Rules, procedures, and standards. The Council shall make available for public inspection and copying at the Council office within the FBI, and shall publish in the Federal Register, any rules, procedures, or standards established by the Council.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D2","next_prefix":"F"},"57":{"id":234710,"text":"Assistance from FBI. The Council may request from the FBI such reports, studies, statistics, or other information or materials as the Council determines to be necessary to enable the Council to perform its duties under this Compact. The FBI, to the extent authorized by law, may provide such assistance or information upon such a request.","type":"section","prefixes":["F"],"prefix":"F","entire_prefix":"F","prefix_anchor":"F","level":1,"prior_prefix":"E","next_prefix":"G"},"58":{"id":234711,"text":"Committees. The Chairman may establish committees as necessary to carry out this Compact and may prescribe their membership, responsibilities, and duration.\n\t\t\tARTICLE VII. RATIFICATION OF COMPACT.\n\t\t\tThis Compact shall take effect upon being entered into by two or more States as between those States and the Federal Government. Upon subsequent entering into this Compact by additional States, it shall become effective among those States and the Federal Government and each Party State that has previously ratified it. When ratified, this Compact shall have the full force and effect of law within the ratifying jurisdictions. The form of ratification shall be in accordance with the laws of the executing State.\n\t\t\tARTICLE VIII. MISCELLANEOUS PROVISIONS","type":"section","prefixes":["G"],"prefix":"G","entire_prefix":"G","prefix_anchor":"G","level":1,"prior_prefix":"F","next_prefix":"A"},"59":{"id":234712,"text":"Relation of Compact to certain FBI activities. Administration of this Compact shall not interfere with the management and control of the Director of the FBI over the FBI’s collection and dissemination of criminal history records and the advisory function of the FBI’s advisory policy board chartered under the Federal Advisory Committee Act (5 U.S.C. App.) for all purposes other than noncriminal justice.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"prior_prefix":"G","next_prefix":"B"},"60":{"id":234713,"text":"No authority for nonappropriated expenditures. Nothing in this Compact shall require the FBI to obligate or expend funds beyond those appropriated to the FBI.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"61":{"id":234714,"text":"Relating to Public Law 92 544. Nothing in this Compact shall diminish or lessen the obligations, responsibilities, and authorities of any State, whether a Party State or a Nonparty State, or of any criminal history record repository or other subdivision or component thereof, under the Departments of State, Justice, and Commerce, the Judiciary, and Related Agencies Appropriation Act, 1973 (Public Law 92 544), or regulations and guidelines promulgated thereunder, including the rules and procedures promulgated by the Council under subsection A of Article VI, regarding the use and dissemination of criminal history records and information.\n\t\t\tARTICLE IX. RENUNCIATION.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"A"},"62":{"id":234715,"text":"In general. This Compact shall bind each Party State until renounced by the Party State.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"prior_prefix":"C","next_prefix":"B"},"63":{"id":234716,"text":"Effect. Any renunciation of this Compact by a Party State shall:","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"B1"},"64":{"id":234717,"text":"Be effected in the same manner by which the Party State ratified this Compact; and","type":"section","prefixes":["B","1"],"prefix":"1","entire_prefix":"B1","prefix_anchor":"B1","level":2,"prior_prefix":"B","next_prefix":"B2"},"65":{"id":234718,"text":"Become effective 180 days after written notice of renunciation is provided by the Party State to each other Party State and to the Federal Government.\n\t\t\t\tARTICLE X. SEVERABILITY.\n\t\t\t\tThe provisions of this Compact shall be severable, and if any phrase, clause, sentence, or provision of this Compact is declared to be contrary to the constitution of any participating State, or to the Constitution of the United States, or the applicability thereof to any government, agency, person, or circumstance is held invalid, the validity of the remainder of this Compact and the applicability thereof to any government, agency, person, or circumstance shall not be affected thereby. If a portion of this Compact is held contrary to the constitution of any Party State, all other portions of this Compact shall remain in full force and effect as to the remaining Party States and in full force and effect as to the Party State affected, as to all other provisions.\n\t\t\t\tARTICLE XI. ADJUDICATION OF DISPUTES.","type":"section","prefixes":["B","2"],"prefix":"2","entire_prefix":"B2","prefix_anchor":"B2","level":2,"prior_prefix":"B1","next_prefix":"A"},"66":{"id":234719,"text":"In general. The Council shall:","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"prior_prefix":"B2","next_prefix":"A1"},"67":{"id":234720,"text":"Have initial authority to make determinations with respect to any dispute regarding:\n\t\t\t\ta. Interpretation of this Compact;\n\t\t\t\tb. Any rule or standard established by the Council pursuant to Article V; and\n\t\t\t\tc. Any dispute or controversy between any parties to this Compact; and","type":"section","prefixes":["A","1"],"prefix":"1","entire_prefix":"A1","prefix_anchor":"A1","level":2,"prior_prefix":"A","next_prefix":"A2"},"68":{"id":234721,"text":"Hold a hearing concerning any dispute described in subdivision 1 at a regularly scheduled meeting of the Council and only render a decision based upon a majority vote of the members of the Council. Such decision shall be published pursuant to the requirements of subsection E of Article VI.","type":"section","prefixes":["A","2"],"prefix":"2","entire_prefix":"A2","prefix_anchor":"A2","level":2,"prior_prefix":"A1","next_prefix":"B"},"69":{"id":234722,"text":"Duties of FBI. The FBI shall exercise immediate and necessary action to preserve the integrity of the III System, maintain system policy and standards, protect the accuracy and privacy of records, and to prevent abuses, until the Council holds a hearing on such matters.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A2","next_prefix":"C"},"70":{"id":234723,"text":"Right of appeal. The FBI or a Party State may appeal any decision of the Council to the Attorney General, and thereafter may file suit in the appropriate district court of the United States, which shall have original jurisdiction of all cases or controversies arising under this Compact. Any suit arising under this Compact and initiated in a State court shall be removed to the appropriate district court of the United States in the manner provided by 28 U.S.C. § 1446, or other statutory authority.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B"}},"ancestry":[{"id":15051,"edition_id":1,"name":"Central Criminal Records Exchange","identifier":"23","label":"chapter","depth":2,"order_by":1,"parent_id":12801,"metadata":{},"date_created":"2026-06-26 03:51:45","date_modified":"2026-06-26 03:51:45","permalink":{"id":170405,"object_type":"structure","relational_id":15051,"identifier":"23","token":"19.2\/23","url":"\/19.2\/23\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12801,"edition_id":1,"name":"Criminal Procedure","identifier":"19.2","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:53","date_modified":"2026-06-26 03:43:53","permalink":{"id":168169,"object_type":"structure","relational_id":12801,"identifier":"19.2","token":"19.2","url":"\/19.2\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":60081,"structure_id":15051,"section_number":"19.2-387","catch_line":"Exchange to operate as a division of Department of State Police; authority of Superintendent of State Police","url":"\/19.2-387\/","token":"19.2\/23\/19.2-387","metadata":false},{"id":86405,"structure_id":15051,"section_number":"19.2-387.1","catch_line":"Protective Order Registry; maintenance; access","url":"\/19.2-387.1\/","token":"19.2\/23\/19.2-387.1","metadata":false},{"id":64486,"structure_id":15051,"section_number":"19.2-387.2","catch_line":"National Crime Prevention and Privacy Compact of 1998","url":"\/19.2-387.2\/","token":"19.2\/23\/19.2-387.2","metadata":false},{"id":70372,"structure_id":15051,"section_number":"19.2-387.3","catch_line":"Substantial Risk Order Registry; maintenance; access","url":"\/19.2-387.3\/","token":"19.2\/23\/19.2-387.3","metadata":false},{"id":85019,"structure_id":15051,"section_number":"19.2-388","catch_line":"Duties and authority of Exchange","url":"\/19.2-388\/","token":"19.2\/23\/19.2-388","metadata":false},{"id":57466,"structure_id":15051,"section_number":"19.2-388.1","catch_line":"Fingerprints submitted by Live Scan device","url":"\/19.2-388.1\/","token":"19.2\/23\/19.2-388.1","metadata":false},{"id":81089,"structure_id":15051,"section_number":"19.2-389","catch_line":"(Effective July 1, 2026) Dissemination of criminal history record information","url":"\/19.2-389\/","token":"19.2\/23\/19.2-389","metadata":false},{"id":63594,"structure_id":15051,"section_number":"19.2-389.1","catch_line":"Dissemination of juvenile record information","url":"\/19.2-389.1\/","token":"19.2\/23\/19.2-389.1","metadata":false},{"id":58752,"structure_id":15051,"section_number":"19.2-389.2","catch_line":"Background checks of applicants of the Metropolitan Washington Airports Authority","url":"\/19.2-389.2\/","token":"19.2\/23\/19.2-389.2","metadata":false},{"id":64557,"structure_id":15051,"section_number":"19.2-389.3","catch_line":"(Repealed effective July 1, 2026) Marijuana possession; limits on dissemination of criminal history record information; prohibited practices by employers, educational institutions, and state and local governments; penalty","url":"\/19.2-389.3\/","token":"19.2\/23\/19.2-389.3","metadata":false},{"id":82582,"structure_id":15051,"section_number":"19.2-390","catch_line":"Reports to be made by local law-enforcement officers, conservators of the peace, clerks of court, Secretary of the Commonwealth and Corrections officials to State Police; material submitted by other agencies","url":"\/19.2-390\/","token":"19.2\/23\/19.2-390","metadata":false},{"id":79559,"structure_id":15051,"section_number":"19.2-390.01","catch_line":"Use of Virginia crime code references required","url":"\/19.2-390.01\/","token":"19.2\/23\/19.2-390.01","metadata":false},{"id":80326,"structure_id":15051,"section_number":"19.2-390.02","catch_line":"Policies and procedures for law enforcement to conduct in-person and photo lineups","url":"\/19.2-390.02\/","token":"19.2\/23\/19.2-390.02","metadata":false},{"id":72817,"structure_id":15051,"section_number":"19.2-390.03","catch_line":"Development and dissemination of model policy on fingerprinting and reports to the Central Criminal Records Exchange","url":"\/19.2-390.03\/","token":"19.2\/23\/19.2-390.03","metadata":false},{"id":86792,"structure_id":15051,"section_number":"19.2-390.04","catch_line":"Custodial interrogations; recording","url":"\/19.2-390.04\/","token":"19.2\/23\/19.2-390.04","metadata":false},{"id":78107,"structure_id":15051,"section_number":"19.2-390.1","catch_line":"Sex Offender and Crimes Against Minors Registry; maintenance; access","url":"\/19.2-390.1\/","token":"19.2\/23\/19.2-390.1","metadata":false},{"id":63898,"structure_id":15051,"section_number":"19.2-390.2","catch_line":"Repealed","url":"\/19.2-390.2\/","token":"19.2\/23\/19.2-390.2","metadata":false},{"id":71334,"structure_id":15051,"section_number":"19.2-390.3","catch_line":"Child Pornography Registry; maintenance; access; required information","url":"\/19.2-390.3\/","token":"19.2\/23\/19.2-390.3","metadata":false},{"id":57371,"structure_id":15051,"section_number":"19.2-391","catch_line":"Records to be made available to Exchange by state officials and agencies; duplication of records","url":"\/19.2-391\/","token":"19.2\/23\/19.2-391","metadata":false},{"id":80211,"structure_id":15051,"section_number":"19.2-392","catch_line":"Fingerprints and photographs by police authorities","url":"\/19.2-392\/","token":"19.2\/23\/19.2-392","metadata":false},{"id":59254,"structure_id":15051,"section_number":"19.2-392.01","catch_line":"Judges may require taking of fingerprints and photographs in certain misdemeanor cases","url":"\/19.2-392.01\/","token":"19.2\/23\/19.2-392.01","metadata":false},{"id":61280,"structure_id":15051,"section_number":"19.2-392.02","catch_line":"National criminal background checks by businesses and organizations regarding employees or volunteers providing care to children or the elderly or disabled","url":"\/19.2-392.02\/","token":"19.2\/23\/19.2-392.02","metadata":false}],"previous_section":{"id":86405,"structure_id":15051,"section_number":"19.2-387.1","catch_line":"Protective Order Registry; maintenance; access","url":"\/19.2-387.1\/","token":"19.2\/23\/19.2-387.1","metadata":false},"next_section":{"id":70372,"structure_id":15051,"section_number":"19.2-387.3","catch_line":"Substantial Risk Order Registry; maintenance; access","url":"\/19.2-387.3\/","token":"19.2\/23\/19.2-387.3","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/19.2-387.2\/","history_text":"

This law was first created in 2017. The record of its establishment is cataloged in chapter 319<\/a> of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year.<\/p>","references":false,"refers_to":false,"permalink":{"id":170415,"object_type":"law","relational_id":64486,"identifier":"19.2-387.2","token":"19.2\/23\/19.2-387.2","url":"\/19.2-387.2\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/19.2-387.2\/","token":"19.2\/23\/19.2-387.2","dublin_core":{"Title":"National Crime Prevention and Privacy Compact of 1998","Type":"Text","Format":"text\/html","Identifier":"\u00a7 19.2-387.2","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

The National Crime<\/span> Prevention and Privacy Compact of 1998 is hereby enacted and entered into with all other jurisdictions<\/span> legally joining therein in the form substantially as follows:\n\t\tNATIONAL CRIME<\/span> PREVENTION AND PRIVACY COMPACT.\n\t\tThe Contracting Parties agree to the following:\n\t\tOverview.<\/p><\/section>\n\t\t\t\t\t\t

A.<\/span> In general. This Compact organizes an electronic information sharing system among the Federal Government and the States<\/span> to exchange criminal history records<\/span> for noncriminal justice purposes<\/span> authorized by Federal or State<\/span> law<\/span>, such as background checks for governmental licensing and employment. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> Obligations of parties. Under this Compact, the FBI<\/span> and the Party States<\/span> agree to maintain detailed databases of their respective criminal history records<\/span>, including arrests<\/span> and dispositions<\/span>, and to make them available to the Federal Government and to Party States<\/span> for authorized purposes. The FBI<\/span> shall also manage the Federal data facilities that provide a significant part of the infrastructure for the system.\n\t\t\tARTICLE I. DEFINITIONS.\n\t\t\tIn this Compact:\n\t\t\t“Attorney General<\/span>” means the Attorney General<\/span> of the United States.\n\t\t\t“Compact officer” means: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> With respect to the Federal Government, an official so designated by the Director of the FBI<\/span>; and <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> With respect to a Party State<\/span>, the chief administrator of the State’s criminal history record repository<\/span> or a designee of the chief administrator who is a regular full-time employee of the repository.\n\t\t\t\t“Council<\/span>” means the Compact Council<\/span> established under Article VI.\n\t\t\t\t“Criminal history records<\/span>” means information collected by criminal justice agencies on individuals consisting of identifiable descriptions and notations of arrests<\/span>, detentions, indictments<\/span>, or other formal criminal charges, and any disposition<\/span> arising therefrom, including acquittal<\/span>, sentencing, correctional supervision, or release. “Criminal history records<\/span>” does not include identification information such as fingerprint records if such information does not indicate involvement of the individual with the criminal justice system.\n\t\t\t\t“Criminal history record repository<\/span>” means the State agency designated by the Governor or other appropriate executive official or the legislature of a State to perform centralized recordkeeping functions for criminal history records<\/span> and services in the State.\n\t\t\t\t“Criminal justice” includes activities relating to the detection, apprehension, detention, pretrial release, post-trial<\/span> release, prosecution<\/span>, adjudication, correctional supervision, or rehabilitation of accused<\/span> persons or criminal offenders. The administration of criminal justice includes criminal identification activities and the collection, storage, and dissemination of criminal history records<\/span>.\n\t\t\t\t“Criminal justice agency<\/span>” means (i) courts<\/span>; and (ii) a governmental agency or any subunit thereof that (a) performs the administration of criminal justice pursuant to a statute<\/span> or Executive order<\/span>; (b) allocates a substantial part of its annual budget to the administration of criminal justice; and (c) includes Federal and State inspectors general offices.\n\t\t\t\t“Criminal justice services<\/span>” means services provided by the FBI<\/span> to criminal justice agencies in response to a request for information about a particular individual or as an update to information previously provided for criminal justice purposes.\n\t\t\t\t“Criterion offense<\/span>” means any felony<\/span> or misdemeanor<\/span> offense not included on the list of nonserious offenses<\/span> published periodically by the FBI<\/span>.\n\t\t\t\t“Direct access<\/span>” means access to the National Identification Index<\/span> by computer terminal or other automated means not requiring the assistance of or intervention by any other party or agency.\n\t\t\t\t“Executive order<\/span>” means an order of the President of the United States or the chief executive officer of a State that has the force of law<\/span> and that is promulgated in accordance with applicable law<\/span>.\n\t\t\t\t“FBI<\/span>” means the Federal Bureau of Investigation.\n\t\t\t\t“Interstate Identification Index System<\/span>” or “III System<\/span>” means the cooperative Federal-State system for the exchange of criminal history records<\/span> and includes the National Identification Index<\/span>, the National Fingerprint File<\/span> and, to the extent of their participation in such system, the criminal history record repositories of the States and the FBI<\/span>.\n\t\t\t\t“National Fingerprint File<\/span>” means a database of fingerprints, or other uniquely personal identifying information, relating to an arrested or charged individual maintained by the FBI<\/span> to provide positive identification<\/span> of record subjects indexed in the III System<\/span>.\n\t\t\t\t“National Identification Index<\/span>” means an index maintained by the FBI<\/span> consisting of names, identifying numbers, and other descriptive information relating to record subjects about whom there are criminal history records<\/span> in the III System<\/span>.\n\t\t\t\t“National indices<\/span>” means the National Identification Index<\/span> and the National Fingerprint File<\/span>.\n\t\t\t\t“Noncriminal justice purposes<\/span>” means uses of criminal history records<\/span> for purposes authorized by Federal or State law<\/span> other than purposes relating to criminal justice activities, including employment suitability, licensing determinations, immigration and naturalization matters, and national security clearances.\n\t\t\t\t“Nonparty State<\/span>” means a State that has not ratified this Compact.\n\t\t\t\t“Party State<\/span>” means a State that has ratified this Compact.\n\t\t\t\t“Positive identification<\/span>” means a determination, based upon a comparison of fingerprints or other equally reliable biometric identification techniques, that the subject of a record search is the same person as the subject of a criminal history record or records indexed in the III System<\/span>. Identifications based solely upon a comparison of subjects’ names or other nonunique identification characteristics or numbers, or combinations thereof, shall not constitute positive identification<\/span>.\n\t\t\t\t“Sealed<\/span> record information” means: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> With respect to adults, that portion of a record that is (i) not available for criminal justice uses; (ii) not supported by fingerprints or other accepted means of positive identification<\/span>; or (iii) subject to restrictions on dissemination for noncriminal justice purposes<\/span> pursuant to a court order<\/span> related to a particular subject or pursuant to a Federal or State statute<\/span> that requires action on a sealing petition<\/span> filed by a particular record subject; and <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> With respect to juveniles, whatever each State determines is a sealed<\/span> record under its own law<\/span> and procedure.\n\t\t\t\t“State” means any State, territory, or possession<\/span> of the United States, the District of Columbia, and the Commonwealth of Puerto Rico.\n\t\t\t\tARTICLE II. PURPOSES.\n\t\t\t\tThe purposes of this Compact are to: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> Provide a legal framework for the establishment of a cooperative Federal-State system for the interstate and Federal-State exchange of criminal history records<\/span> for noncriminal justice uses; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> Require the FBI<\/span> to permit use of the National Identification Index<\/span> and the National Fingerprint File<\/span> by each Party State<\/span>, and to provide, in a timely fashion, Federal and State criminal history records<\/span> to requesting States, in accordance with the terms of this Compact and with rules, procedures, and standards established by the Council<\/span> under Article VI; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> Require Party States<\/span> to provide information and records for the National Identification Index<\/span> and the National Fingerprint File<\/span> and to provide criminal history records<\/span>, in a timely fashion, to criminal history record repositories of other States and the Federal Government for noncriminal justice purposes<\/span>, in accordance with the terms of this Compact and with rules, procedures, and standards established by the Council<\/span> under Article VI; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> Provide for the establishment of a Council<\/span> to monitor III System<\/span> operations and to prescribe system rules and procedures for the effective and proper operation of the III System<\/span> for noncriminal justice purposes<\/span>; and <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

5.<\/span> Require the FBI<\/span> and each Party State<\/span> to adhere to III System<\/span> standards concerning record dissemination and use, response times, system security, data quality, and other duly established standards, including those that enhance the accuracy and privacy of such records.\n\t\t\t\tARTICLE III. RESPONSIBILITY OF COMPACT PARTIES. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

A.<\/span> FBI<\/span> responsibilities. The Director of the FBI<\/span> shall: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> Appoint an FBI<\/span> Compact officer who shall:\n\t\t\t\ta. Administer this Compact within the Department of Justice and among Federal agencies and other agencies and organizations that submit search requests to the FBI<\/span> pursuant to subsection C of Article V;\n\t\t\t\tb. Ensure that Compact provisions and rules, procedures, and standards prescribed by the Council<\/span> under Article VI are complied with by the Department of Justice and the Federal agencies and other agencies and organizations referred to in subdivision A 1 a; and\n\t\t\t\tc. Regulate the use of records received by means of the III System<\/span> from Party States<\/span> when such records are supplied by the FBI<\/span> directly to other Federal agencies; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> Provide to Federal agencies and to State criminal history record repositories, criminal history records<\/span> maintained in its database for the noncriminal justice purposes<\/span> described in Article IV, including:\n\t\t\t\ta. Information from Nonparty States<\/span>; and\n\t\t\t\tb. Information from Party States<\/span> that is available from the FBI<\/span> through the III System<\/span>, but is not available from the Party State<\/span> through the III System<\/span>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> Provide a telecommunications network and maintain centralized facilities for the exchange of criminal history records<\/span> for both criminal justice purposes and the noncriminal justice purposes<\/span> described in Article IV, and ensure that the exchange of such records for criminal justice purposes has priority over exchange for noncriminal justice purposes<\/span>; and <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> Modify or enter into user agreements with Nonparty State<\/span> criminal history record repositories to require them to establish record request procedures conforming to those prescribed in Article V. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> State responsibilities. Each Party State<\/span> shall: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> Appoint a Compact officer who shall:\n\t\t\t\ta. Administer this Compact within that State;\n\t\t\t\tb. Ensure that Compact provisions and rules, procedures, and standards established by the Council<\/span> under Article VI are complied with in the State; and\n\t\t\t\tc. Regulate the in-State use of records received by means of the III System<\/span> from the FBI<\/span> or from other Party States<\/span>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> Establish and maintain a criminal history record repository<\/span>, which shall provide:\n\t\t\t\ta. Information and records for the National Identification Index<\/span> and the National Fingerprint File<\/span>; and\n\t\t\t\tb. The State’s III System<\/span>-indexed criminal history records<\/span> for noncriminal justice purposes<\/span> described in Article IV; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> Participate in the National Fingerprint File<\/span>; and <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> Provide and maintain telecommunications links and related equipment necessary to support the services set forth in this Compact. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> Compliance with III System<\/span> standards. In carrying out their responsibilities under this Compact, the FBI<\/span> and each Party State<\/span> shall comply with III System<\/span> rules, procedures, and standards duly established by the Council<\/span> concerning record dissemination and use, response times, data quality, system security, accuracy, privacy protection, and other aspects of III System<\/span> operation. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> Maintenance of record services. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> Use of the III System<\/span> for noncriminal justice purposes<\/span> authorized in this Compact shall be managed so as not to diminish the level of services provided in support of criminal justice purposes. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> Administration of Compact provisions shall not reduce the level of service available to authorized noncriminal justice users on the effective date of this Compact.\n\t\t\t\tARTICLE IV. AUTHORIZED RECORD DISCLOSURES. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

A.<\/span> State criminal history record repositories. To the extent authorized by 5 U.S.C. § 552a (commonly known as the “Privacy Act of 1974″), the FBI<\/span> shall provide on request criminal history records<\/span> (excluding sealed<\/span> records) to State criminal history record repositories for noncriminal justice purposes<\/span> allowed by Federal statute<\/span>, Federal Executive order<\/span>, or a State statute<\/span> that has been approved by the Attorney General<\/span> and that authorizes national indices<\/span> checks. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> Criminal justice agencies and other governmental or nongovernmental agencies. The FBI<\/span>, to the extent authorized by 5 U.S.C. § 552a (commonly known as the “Privacy Act of 1974″), and State criminal history record repositories shall provide criminal history records<\/span> (excluding sealed<\/span> records) to criminal justice agencies and other governmental or nongovernmental agencies for noncriminal justice purposes<\/span> allowed by Federal statute<\/span>, Federal Executive order<\/span>, or a State statute<\/span> that has been approved by the Attorney General<\/span>, that authorizes national indices<\/span> checks. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> Procedures. Any record obtained under this Compact may be used only for the official purposes for which the record was requested. Each Compact officer shall establish procedures, consistent with this Compact, and with rules, procedures, and standards established by the Council<\/span> under Article VI, which procedures shall protect the accuracy and privacy of the records, and shall: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> Ensure that records obtained under this Compact are used only by authorized officials for authorized purposes; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> Require that subsequent record checks are requested to obtain current information whenever a new need arises; and <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> Ensure that record entries that may not legally be used for a particular noncriminal justice purpose are deleted from the response and, if no information authorized for release remains, an appropriate “no record” response is communicated to the requesting official.\n\t\t\t\tARTICLE V. RECORD REQUEST PROCEDURES. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

A.<\/span> Positive identification<\/span>. Subject fingerprints or other approved forms of positive identification<\/span> shall be submitted with all requests for criminal history record checks for noncriminal justice purposes<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> Submission of State requests. Each request for a criminal history record check utilizing the national indices<\/span> made under any approved State statute<\/span> shall be submitted through that State’s criminal history record repository<\/span>. A State criminal history record repository<\/span> shall process an interstate request for noncriminal justice purposes<\/span> through the national indices<\/span> only if such request is transmitted through another State criminal history record repository<\/span> or the FBI<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> Submission of Federal requests. Each request for criminal history record checks utilizing the national indices<\/span> made under Federal authority shall be submitted through the FBI<\/span> or, if the State criminal history record repository<\/span> consents to process fingerprint submissions, through the criminal history record repository<\/span> in the State in which such request originated. Direct access<\/span> to the National Identification Index<\/span> by entities other than the FBI<\/span> and State criminal history records<\/span> repositories shall not be permitted for noncriminal justice purposes<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> Fees. A State criminal history record repository<\/span> or the FBI<\/span>: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> May charge a fee, in accordance with applicable law<\/span>, for handling a request involving fingerprint processing for noncriminal justice purposes<\/span>; and <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> May not charge a fee for providing criminal history records<\/span> in response to an electronic request for a record that does not involve a request to process fingerprints. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> Additional search. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> If a State criminal history record repository<\/span> cannot positively identify the subject of a record request made for noncriminal justice purposes<\/span>, the request, together with fingerprints or other approved identifying information, shall be forwarded to the FBI<\/span> for a search of the national indices<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> If, with respect to a request forwarded by a State criminal history record repository<\/span> under subdivision 1, the FBI<\/span> positively identifies the subject as having a III System<\/span>-indexed record or records:\n\t\t\t\ta. The FBI<\/span> shall so advise the State criminal history record repository<\/span>; and\n\t\t\t\tb. The State criminal history record repository<\/span> shall be entitled to obtain the additional criminal history record information from the FBI<\/span> or other State criminal history record repositories.\n\t\t\t\tARTICLE VI. ESTABLISHMENT OF COMPACT COUNCIL<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

A.<\/span> Establishment. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> In general. There is established a council<\/span> to be known as the “Compact Council<\/span>,” which shall have the authority to promulgate rules and procedures governing the use of the III System<\/span> for noncriminal justice purposes<\/span>, not to conflict with FBI<\/span> administration of the III System<\/span> for criminal justice purposes. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> Organization. The Council<\/span> shall:\n\t\t\t\ta. Continue in existence as long as this Compact remains in effect;\n\t\t\t\tb. Be located, for administrative purposes, within the FBI<\/span>; and\n\t\t\t\tc. Be organized and hold its first meeting as soon as practicable after the effective date of this Compact. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> Membership. The Council<\/span> shall be composed of 15 members, each of whom shall be appointed by the Attorney General<\/span>, as follows: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> Nine members, each of whom shall serve a two-year term, who shall be selected from among the Compact officers of Party States<\/span> based on the recommendation of the Compact officers of all Party States<\/span>, except that, in the absence of the requisite number of Compact officers available to serve, the chief administrators of the criminal history record repositories of Nonparty States<\/span> shall be eligible to serve on an interim basis. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> Two at-large members, nominated by the Director of the FBI<\/span>, each of whom shall serve a three-year term, of whom:\n\t\t\t\ta. One shall be a representative of the criminal justice agencies of the Federal Government and may not be an employee of the FBI<\/span>; and\n\t\t\t\tb. One shall be a representative of the noncriminal justice agencies of the Federal Government. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> Two at-large members, nominated by the Chairman of the Council<\/span>, once the Chairman is elected pursuant to subsection C, each of whom shall serve a three-year term, of whom:\n\t\t\t\ta. One shall be a representative of State or local criminal justice agencies; and\n\t\t\t\tb. One shall be a representative of State or local noncriminal justice agencies. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> One member, who shall serve a three-year term, and who shall simultaneously be a member of the FBI<\/span>’s advisory policy board on criminal justice information services, nominated by the membership of that policy board. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

5.<\/span> One member, nominated by the Director of the FBI<\/span>, who shall serve a three-year term, and who shall be an employee of the FBI<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> Chairman and Vice Chairman. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> In general. From its membership, the Council<\/span> shall elect a Chairman and a Vice Chairman of the Council<\/span>, respectively. Both the Chairman and Vice Chairman of the Council<\/span>:\n\t\t\t\ta. Shall be a Compact officer, unless there is no Compact officer on the Council<\/span> who is willing to serve, in which case the Chairman may be an at-large member; and\n\t\t\t\tb. Shall serve a two-year term and may be reelected to only one additional two-year term. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> Duties of Vice Chairman. The Vice Chairman of the Council<\/span> shall serve as the Chairman of the Council<\/span> in the absence of the Chairman. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> Meetings. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> In general. The Council<\/span> shall meet at least once each year at the call of the Chairman. Each meeting of the Council<\/span> shall be open to the public. The Council<\/span> shall provide prior public notice in the Federal Register of each meeting of the Council<\/span>, including the matters to be addressed at such meeting. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> Quorum. A majority of the Council<\/span> or any committee of the Council<\/span> shall constitute a quorum of the Council<\/span> or of such committee, respectively, for the conduct of business. A lesser number may meet to hold hearings<\/span>, take testimony<\/span>, or conduct any business not requiring a vote. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> Rules, procedures, and standards. The Council<\/span> shall make available for public inspection and copying at the Council<\/span> office within the FBI<\/span>, and shall publish in the Federal Register, any rules, procedures, or standards established by the Council<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

F.<\/span> Assistance from FBI<\/span>. The Council<\/span> may request from the FBI<\/span> such reports, studies, statistics, or other information or materials<\/span> as the Council<\/span> determines to be necessary to enable the Council<\/span> to perform its duties under this Compact. The FBI<\/span>, to the extent authorized by law<\/span>, may provide such assistance or information upon such a request. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

G.<\/span> Committees. The Chairman may establish committees as necessary to carry out this Compact and may prescribe their membership, responsibilities, and duration.\n\t\t\tARTICLE VII. RATIFICATION OF COMPACT.\n\t\t\tThis Compact shall take effect upon being entered into by two or more States as between those States and the Federal Government. Upon subsequent entering into this Compact by additional States, it shall become effective among those States and the Federal Government and each Party State<\/span> that has previously ratified it. When ratified, this Compact shall have the full force and effect of law<\/span> within the ratifying jurisdictions<\/span>. The form of ratification shall be in accordance with the laws<\/span> of the executing State.\n\t\t\tARTICLE VIII. MISCELLANEOUS PROVISIONS <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

A.<\/span> Relation of Compact to certain FBI<\/span> activities. Administration of this Compact shall not interfere with the management and control of the Director of the FBI<\/span> over the FBI<\/span>’s collection and dissemination of criminal history records<\/span> and the advisory function of the FBI<\/span>’s advisory policy board chartered under the Federal Advisory Committee Act (5 U.S.C. App.) for all purposes other than noncriminal justice. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> No authority for nonappropriated expenditures. Nothing in this Compact shall require the FBI<\/span> to obligate or expend funds beyond those appropriated to the FBI<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> Relating to Public Law<\/span> 92 544. Nothing in this Compact shall diminish or lessen the obligations, responsibilities, and authorities of any State, whether a Party State<\/span> or a Nonparty State<\/span>, or of any criminal history record repository<\/span> or other subdivision or component thereof, under the Departments of State, Justice, and Commerce, the Judiciary, and Related Agencies Appropriation Act, 1973 (Public Law<\/span> 92 544), or regulations and guidelines promulgated thereunder, including the rules and procedures promulgated by the Council<\/span> under subsection A of Article VI, regarding the use and dissemination of criminal history records<\/span> and information.\n\t\t\tARTICLE IX. RENUNCIATION. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

A.<\/span> In general. This Compact shall bind each Party State<\/span> until renounced by the Party State<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> Effect. Any renunciation of this Compact by a Party State<\/span> shall: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> Be effected in the same manner by which the Party State<\/span> ratified this Compact; and <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> Become effective 180 days after written notice of renunciation is provided by the Party State<\/span> to each other Party State<\/span> and to the Federal Government.\n\t\t\t\tARTICLE X. SEVERABILITY.\n\t\t\t\tThe provisions of this Compact shall be severable, and if any phrase, clause, sentence, or provision of this Compact is declared to be contrary to the constitution of any participating State, or to the Constitution of the United States, or the applicability thereof to any government, agency, person, or circumstance is held invalid, the validity of the remainder of this Compact and the applicability thereof to any government, agency, person, or circumstance shall not be affected thereby. If a portion of this Compact is held contrary to the constitution of any Party State<\/span>, all other portions of this Compact shall remain in full force and effect as to the remaining Party States<\/span> and in full force and effect as to the Party State<\/span> affected, as to all other provisions.\n\t\t\t\tARTICLE XI. ADJUDICATION OF DISPUTES. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

A.<\/span> In general. The Council<\/span> shall: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> Have initial authority to make determinations with respect to any dispute regarding:\n\t\t\t\ta. Interpretation of this Compact;\n\t\t\t\tb. Any rule or standard established by the Council<\/span> pursuant to Article V; and\n\t\t\t\tc. Any dispute or controversy between any parties to this Compact; and <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> Hold a hearing<\/span> concerning any dispute described in subdivision 1 at a regularly scheduled meeting of the Council<\/span> and only render a decision based upon a majority vote of the members of the Council<\/span>. Such decision shall be published pursuant to the requirements of subsection E of Article VI. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> Duties of FBI<\/span>. The FBI<\/span> shall exercise immediate and necessary action to preserve the integrity of the III System<\/span>, maintain system policy and standards, protect the accuracy and privacy of records, and to prevent abuses, until the Council<\/span> holds a hearing<\/span> on such matters. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> Right of appeal<\/span>. The FBI<\/span> or a Party State<\/span> may appeal<\/span> any decision of the Council<\/span> to the Attorney General<\/span>, and thereafter may file suit in the appropriate district court of the United States, which shall have original jurisdiction<\/span> of all cases or controversies arising under this Compact. Any suit arising under this Compact and initiated in a State court shall be removed to the appropriate district court of the United States in the manner provided by 28 U.S.C. § 1446, or other statutory authority. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nNATIONAL CRIME PREVENTION AND PRIVACY COMPACT OF 1998 (\u00a7 19.2-387.2)\n\nThe National Crime Prevention and Privacy Compact of 1998 is hereby enacted and\nentered into with all other jurisdictions legally joining therein in the form\nsubstantially as follows:\n\t\tNATIONAL CRIME PREVENTION AND PRIVACY COMPACT.\n\t\tThe Contracting Parties agree to the following:\n\t\tOverview.\n\nA. In general. This Compact organizes an electronic information sharing system\namong the Federal Government and the States to exchange criminal history records\nfor noncriminal justice purposes authorized by Federal or State law, such as\nbackground checks for governmental licensing and employment.\n\nB. Obligations of parties. Under this Compact, the FBI and the Party States\nagree to maintain detailed databases of their respective criminal history\nrecords, including arrests and dispositions, and to make them available to the\nFederal Government and to Party States for authorized purposes. The FBI shall\nalso manage the Federal data facilities that provide a significant part of the\ninfrastructure for the system.\n\t\t\tARTICLE I. DEFINITIONS.\n\t\t\tIn this Compact:\n\t\t\t“Attorney General” means the Attorney General of the United\nStates.\n\t\t\t“Compact officer” means:\n\n 1. With respect to the Federal Government, an official so designated by the\n Director of the FBI; and\n\n 2. With respect to a Party State, the chief administrator of the State’s\n criminal history record repository or a designee of the chief administrator\n who is a regular full-time employee of the repository.\n \t\t\t\t“Council” means the Compact Council established under Article\n VI.\n \t\t\t\t“Criminal history records” means information collected by\n criminal justice agencies on individuals consisting of identifiable\n descriptions and notations of arrests, detentions, indictments, or other\n formal criminal charges, and any disposition arising therefrom, including\n acquittal, sentencing, correctional supervision, or release. “Criminal\n history records” does not include identification information such as\n fingerprint records if such information does not indicate involvement of the\n individual with the criminal justice system.\n \t\t\t\t“Criminal history record repository” means the State agency\n designated by the Governor or other appropriate executive official or the\n legislature of a State to perform centralized recordkeeping functions for\n criminal history records and services in the State.\n \t\t\t\t“Criminal justice” includes activities relating to the\n detection, apprehension, detention, pretrial release, post-trial release,\n prosecution, adjudication, correctional supervision, or rehabilitation of\n accused persons or criminal offenders. The administration of criminal justice\n includes criminal identification activities and the collection, storage, and\n dissemination of criminal history records.\n \t\t\t\t“Criminal justice agency” means (i) courts; and (ii) a\n governmental agency or any subunit thereof that (a) performs the\n administration of criminal justice pursuant to a statute or Executive order;\n (b) allocates a substantial part of its annual budget to the administration of\n criminal justice; and (c) includes Federal and State inspectors general\n offices.\n \t\t\t\t“Criminal justice services” means services provided by the FBI\n to criminal justice agencies in response to a request for information about a\n particular individual or as an update to information previously provided for\n criminal justice purposes.\n \t\t\t\t“Criterion offense” means any felony or misdemeanor offense\n not included on the list of nonserious offenses published periodically by the\n FBI.\n \t\t\t\t“Direct access” means access to the National Identification\n Index by computer terminal or other automated means not requiring the\n assistance of or intervention by any other party or agency.\n \t\t\t\t“Executive order” means an order of the President of the\n United States or the chief executive officer of a State that has the force of\n law and that is promulgated in accordance with applicable law.\n \t\t\t\t“FBI” means the Federal Bureau of Investigation.\n \t\t\t\t“Interstate Identification Index System” or “III\n System” means the cooperative Federal-State system for the exchange of\n criminal history records and includes the National Identification Index, the\n National Fingerprint File and, to the extent of their participation in such\n system, the criminal history record repositories of the States and the FBI.\n \t\t\t\t“National Fingerprint File” means a database of fingerprints,\n or other uniquely personal identifying information, relating to an arrested or\n charged individual maintained by the FBI to provide positive identification of\n record subjects indexed in the III System.\n \t\t\t\t“National Identification Index” means an index maintained by\n the FBI consisting of names, identifying numbers, and other descriptive\n information relating to record subjects about whom there are criminal history\n records in the III System.\n \t\t\t\t“National indices” means the National Identification Index and\n the National Fingerprint File.\n \t\t\t\t“Noncriminal justice purposes” means uses of criminal history\n records for purposes authorized by Federal or State law other than purposes\n relating to criminal justice activities, including employment suitability,\n licensing determinations, immigration and naturalization matters, and national\n security clearances.\n \t\t\t\t“Nonparty State” means a State that has not ratified this\n Compact.\n \t\t\t\t“Party State” means a State that has ratified this Compact.\n \t\t\t\t“Positive identification” means a determination, based upon a\n comparison of fingerprints or other equally reliable biometric identification\n techniques, that the subject of a record search is the same person as the\n subject of a criminal history record or records indexed in the III System.\n Identifications based solely upon a comparison of subjects’ names or\n other nonunique identification characteristics or numbers, or combinations\n thereof, shall not constitute positive identification.\n \t\t\t\t“Sealed record information” means:\n\n 1. With respect to adults, that portion of a record that is (i) not available\n for criminal justice uses; (ii) not supported by fingerprints or other\n accepted means of positive identification; or (iii) subject to restrictions on\n dissemination for noncriminal justice purposes pursuant to a court order\n related to a particular subject or pursuant to a Federal or State statute that\n requires action on a sealing petition filed by a particular record subject;\n and\n\n 2. With respect to juveniles, whatever each State determines is a sealed\n record under its own law and procedure.\n \t\t\t\t“State” means any State, territory, or possession of the\n United States, the District of Columbia, and the Commonwealth of Puerto Rico.\n \t\t\t\tARTICLE II. PURPOSES.\n \t\t\t\tThe purposes of this Compact are to:\n\n 1. Provide a legal framework for the establishment of a cooperative\n Federal-State system for the interstate and Federal-State exchange of criminal\n history records for noncriminal justice uses;\n\n 2. Require the FBI to permit use of the National Identification Index and the\n National Fingerprint File by each Party State, and to provide, in a timely\n fashion, Federal and State criminal history records to requesting States, in\n accordance with the terms of this Compact and with rules, procedures, and\n standards established by the Council under Article VI;\n\n 3. Require Party States to provide information and records for the National\n Identification Index and the National Fingerprint File and to provide criminal\n history records, in a timely fashion, to criminal history record repositories\n of other States and the Federal Government for noncriminal justice purposes,\n in accordance with the terms of this Compact and with rules, procedures, and\n standards established by the Council under Article VI;\n\n 4. Provide for the establishment of a Council to monitor III System operations\n and to prescribe system rules and procedures for the effective and proper\n operation of the III System for noncriminal justice purposes; and\n\n 5. Require the FBI and each Party State to adhere to III System standards\n concerning record dissemination and use, response times, system security, data\n quality, and other duly established standards, including those that enhance\n the accuracy and privacy of such records.\n \t\t\t\tARTICLE III. RESPONSIBILITY OF COMPACT PARTIES.\n\nA. FBI responsibilities. The Director of the FBI shall:\n\n 1. Appoint an FBI Compact officer who shall:\n \t\t\t\ta. Administer this Compact within the Department of Justice and among\n Federal agencies and other agencies and organizations that submit search\n requests to the FBI pursuant to subsection C of Article V;\n \t\t\t\tb. Ensure that Compact provisions and rules, procedures, and standards\n prescribed by the Council under Article VI are complied with by the Department\n of Justice and the Federal agencies and other agencies and organizations\n referred to in subdivision A 1 a; and\n \t\t\t\tc. Regulate the use of records received by means of the III System from\n Party States when such records are supplied by the FBI directly to other\n Federal agencies;\n\n 2. Provide to Federal agencies and to State criminal history record\n repositories, criminal history records maintained in its database for the\n noncriminal justice purposes described in Article IV, including:\n \t\t\t\ta. Information from Nonparty States; and\n \t\t\t\tb. Information from Party States that is available from the FBI through\n the III System, but is not available from the Party State through the III\n System;\n\n 3. Provide a telecommunications network and maintain centralized facilities\n for the exchange of criminal history records for both criminal justice\n purposes and the noncriminal justice purposes described in Article IV, and\n ensure that the exchange of such records for criminal justice purposes has\n priority over exchange for noncriminal justice purposes; and\n\n 4. Modify or enter into user agreements with Nonparty State criminal history\n record repositories to require them to establish record request procedures\n conforming to those prescribed in Article V.\n\nB. State responsibilities. Each Party State shall:\n\n 1. Appoint a Compact officer who shall:\n \t\t\t\ta. Administer this Compact within that State;\n \t\t\t\tb. Ensure that Compact provisions and rules, procedures, and standards\n established by the Council under Article VI are complied with in the State;\n and\n \t\t\t\tc. Regulate the in-State use of records received by means of the III\n System from the FBI or from other Party States;\n\n 2. Establish and maintain a criminal history record repository, which shall\n provide:\n \t\t\t\ta. Information and records for the National Identification Index and the\n National Fingerprint File; and\n \t\t\t\tb. The State’s III System-indexed criminal history records for\n noncriminal justice purposes described in Article IV;\n\n 3. Participate in the National Fingerprint File; and\n\n 4. Provide and maintain telecommunications links and related equipment\n necessary to support the services set forth in this Compact.\n\nC. Compliance with III System standards. In carrying out their responsibilities\nunder this Compact, the FBI and each Party State shall comply with III System\nrules, procedures, and standards duly established by the Council concerning\nrecord dissemination and use, response times, data quality, system security,\naccuracy, privacy protection, and other aspects of III System operation.\n\nD. Maintenance of record services.\n\n 1. Use of the III System for noncriminal justice purposes authorized in this\n Compact shall be managed so as not to diminish the level of services provided\n in support of criminal justice purposes.\n\n 2. Administration of Compact provisions shall not reduce the level of service\n available to authorized noncriminal justice users on the effective date of\n this Compact.\n \t\t\t\tARTICLE IV. AUTHORIZED RECORD DISCLOSURES.\n\nA. State criminal history record repositories. To the extent authorized by 5\nU.S.C. § 552a (commonly known as the “Privacy Act of 1974″),\nthe FBI shall provide on request criminal history records (excluding sealed\nrecords) to State criminal history record repositories for noncriminal justice\npurposes allowed by Federal statute, Federal Executive order, or a State statute\nthat has been approved by the Attorney General and that authorizes national\nindices checks.\n\nB. Criminal justice agencies and other governmental or nongovernmental agencies.\nThe FBI, to the extent authorized by 5 U.S.C. § 552a (commonly known as the\n“Privacy Act of 1974″), and State criminal history record\nrepositories shall provide criminal history records (excluding sealed records)\nto criminal justice agencies and other governmental or nongovernmental agencies\nfor noncriminal justice purposes allowed by Federal statute, Federal Executive\norder, or a State statute that has been approved by the Attorney General, that\nauthorizes national indices checks.\n\nC. Procedures. Any record obtained under this Compact may be used only for the\nofficial purposes for which the record was requested. Each Compact officer shall\nestablish procedures, consistent with this Compact, and with rules, procedures,\nand standards established by the Council under Article VI, which procedures\nshall protect the accuracy and privacy of the records, and shall:\n\n 1. Ensure that records obtained under this Compact are used only by authorized\n officials for authorized purposes;\n\n 2. Require that subsequent record checks are requested to obtain current\n information whenever a new need arises; and\n\n 3. Ensure that record entries that may not legally be used for a particular\n noncriminal justice purpose are deleted from the response and, if no\n information authorized for release remains, an appropriate “no\n record” response is communicated to the requesting official.\n \t\t\t\tARTICLE V. RECORD REQUEST PROCEDURES.\n\nA. Positive identification. Subject fingerprints or other approved forms of\npositive identification shall be submitted with all requests for criminal\nhistory record checks for noncriminal justice purposes.\n\nB. Submission of State requests. Each request for a criminal history record\ncheck utilizing the national indices made under any approved State statute shall\nbe submitted through that State’s criminal history record repository. A\nState criminal history record repository shall process an interstate request for\nnoncriminal justice purposes through the national indices only if such request\nis transmitted through another State criminal history record repository or the\nFBI.\n\nC. Submission of Federal requests. Each request for criminal history record\nchecks utilizing the national indices made under Federal authority shall be\nsubmitted through the FBI or, if the State criminal history record repository\nconsents to process fingerprint submissions, through the criminal history record\nrepository in the State in which such request originated. Direct access to the\nNational Identification Index by entities other than the FBI and State criminal\nhistory records repositories shall not be permitted for noncriminal justice\npurposes.\n\nD. Fees. A State criminal history record repository or the FBI:\n\n 1. May charge a fee, in accordance with applicable law, for handling a request\n involving fingerprint processing for noncriminal justice purposes; and\n\n 2. May not charge a fee for providing criminal history records in response to\n an electronic request for a record that does not involve a request to process\n fingerprints.\n\nE. Additional search.\n\n 1. If a State criminal history record repository cannot positively identify\n the subject of a record request made for noncriminal justice purposes, the\n request, together with fingerprints or other approved identifying information,\n shall be forwarded to the FBI for a search of the national indices.\n\n 2. If, with respect to a request forwarded by a State criminal history record\n repository under subdivision 1, the FBI positively identifies the subject as\n having a III System-indexed record or records:\n \t\t\t\ta. The FBI shall so advise the State criminal history record repository;\n and\n \t\t\t\tb. The State criminal history record repository shall be entitled to\n obtain the additional criminal history record information from the FBI or\n other State criminal history record repositories.\n \t\t\t\tARTICLE VI. ESTABLISHMENT OF COMPACT COUNCIL.\n\nA. Establishment.\n\n 1. In general. There is established a council to be known as the\n “Compact Council,” which shall have the authority to promulgate\n rules and procedures governing the use of the III System for noncriminal\n justice purposes, not to conflict with FBI administration of the III System\n for criminal justice purposes.\n\n 2. Organization. The Council shall:\n \t\t\t\ta. Continue in existence as long as this Compact remains in effect;\n \t\t\t\tb. Be located, for administrative purposes, within the FBI; and\n \t\t\t\tc. Be organized and hold its first meeting as soon as practicable after\n the effective date of this Compact.\n\nB. Membership. The Council shall be composed of 15 members, each of whom shall\nbe appointed by the Attorney General, as follows:\n\n 1. Nine members, each of whom shall serve a two-year term, who shall be\n selected from among the Compact officers of Party States based on the\n recommendation of the Compact officers of all Party States, except that, in\n the absence of the requisite number of Compact officers available to serve,\n the chief administrators of the criminal history record repositories of\n Nonparty States shall be eligible to serve on an interim basis.\n\n 2. Two at-large members, nominated by the Director of the FBI, each of whom\n shall serve a three-year term, of whom:\n \t\t\t\ta. One shall be a representative of the criminal justice agencies of the\n Federal Government and may not be an employee of the FBI; and\n \t\t\t\tb. One shall be a representative of the noncriminal justice agencies of\n the Federal Government.\n\n 3. Two at-large members, nominated by the Chairman of the Council, once the\n Chairman is elected pursuant to subsection C, each of whom shall serve a\n three-year term, of whom:\n \t\t\t\ta. One shall be a representative of State or local criminal justice\n agencies; and\n \t\t\t\tb. One shall be a representative of State or local noncriminal justice\n agencies.\n\n 4. One member, who shall serve a three-year term, and who shall simultaneously\n be a member of the FBI’s advisory policy board on criminal justice\n information services, nominated by the membership of that policy board.\n\n 5. One member, nominated by the Director of the FBI, who shall serve a\n three-year term, and who shall be an employee of the FBI.\n\nC. Chairman and Vice Chairman.\n\n 1. In general. From its membership, the Council shall elect a Chairman and a\n Vice Chairman of the Council, respectively. Both the Chairman and Vice\n Chairman of the Council:\n \t\t\t\ta. Shall be a Compact officer, unless there is no Compact officer on the\n Council who is willing to serve, in which case the Chairman may be an at-large\n member; and\n \t\t\t\tb. Shall serve a two-year term and may be reelected to only one additional\n two-year term.\n\n 2. Duties of Vice Chairman. The Vice Chairman of the Council shall serve as\n the Chairman of the Council in the absence of the Chairman.\n\nD. Meetings.\n\n 1. In general. The Council shall meet at least once each year at the call of\n the Chairman. Each meeting of the Council shall be open to the public. The\n Council shall provide prior public notice in the Federal Register of each\n meeting of the Council, including the matters to be addressed at such meeting.\n\n 2. Quorum. A majority of the Council or any committee of the Council shall\n constitute a quorum of the Council or of such committee, respectively, for the\n conduct of business. A lesser number may meet to hold hearings, take\n testimony, or conduct any business not requiring a vote.\n\nE. Rules, procedures, and standards. The Council shall make available for public\ninspection and copying at the Council office within the FBI, and shall publish\nin the Federal Register, any rules, procedures, or standards established by the\nCouncil.\n\nF. Assistance from FBI. The Council may request from the FBI such reports,\nstudies, statistics, or other information or materials as the Council determines\nto be necessary to enable the Council to perform its duties under this Compact.\nThe FBI, to the extent authorized by law, may provide such assistance or\ninformation upon such a request.\n\nG. Committees. The Chairman may establish committees as necessary to carry out\nthis Compact and may prescribe their membership, responsibilities, and duration.\n\t\t\tARTICLE VII. RATIFICATION OF COMPACT.\n\t\t\tThis Compact shall take effect upon being entered into by two or more States\nas between those States and the Federal Government. Upon subsequent entering\ninto this Compact by additional States, it shall become effective among those\nStates and the Federal Government and each Party State that has previously\nratified it. When ratified, this Compact shall have the full force and effect of\nlaw within the ratifying jurisdictions. The form of ratification shall be in\naccordance with the laws of the executing State.\n\t\t\tARTICLE VIII. MISCELLANEOUS PROVISIONS\n\nA. Relation of Compact to certain FBI activities. Administration of this Compact\nshall not interfere with the management and control of the Director of the FBI\nover the FBI’s collection and dissemination of criminal history records\nand the advisory function of the FBI’s advisory policy board chartered\nunder the Federal Advisory Committee Act (5 U.S.C. App.) for all purposes other\nthan noncriminal justice.\n\nB. No authority for nonappropriated expenditures. Nothing in this Compact shall\nrequire the FBI to obligate or expend funds beyond those appropriated to the\nFBI.\n\nC. Relating to Public Law 92 544. Nothing in this Compact shall diminish or\nlessen the obligations, responsibilities, and authorities of any State, whether\na Party State or a Nonparty State, or of any criminal history record repository\nor other subdivision or component thereof, under the Departments of State,\nJustice, and Commerce, the Judiciary, and Related Agencies Appropriation Act,\n1973 (Public Law 92 544), or regulations and guidelines promulgated thereunder,\nincluding the rules and procedures promulgated by the Council under subsection A\nof Article VI, regarding the use and dissemination of criminal history records\nand information.\n\t\t\tARTICLE IX. RENUNCIATION.\n\nA. In general. This Compact shall bind each Party State until renounced by the\nParty State.\n\nB. Effect. Any renunciation of this Compact by a Party State shall:\n\n 1. Be effected in the same manner by which the Party State ratified this\n Compact; and\n\n 2. Become effective 180 days after written notice of renunciation is provided\n by the Party State to each other Party State and to the Federal Government.\n \t\t\t\tARTICLE X. SEVERABILITY.\n \t\t\t\tThe provisions of this Compact shall be severable, and if any phrase,\n clause, sentence, or provision of this Compact is declared to be contrary to\n the constitution of any participating State, or to the Constitution of the\n United States, or the applicability thereof to any government, agency, person,\n or circumstance is held invalid, the validity of the remainder of this Compact\n and the applicability thereof to any government, agency, person, or\n circumstance shall not be affected thereby. If a portion of this Compact is\n held contrary to the constitution of any Party State, all other portions of\n this Compact shall remain in full force and effect as to the remaining Party\n States and in full force and effect as to the Party State affected, as to all\n other provisions.\n \t\t\t\tARTICLE XI. ADJUDICATION OF DISPUTES.\n\nA. In general. The Council shall:\n\n 1. Have initial authority to make determinations with respect to any dispute\n regarding:\n \t\t\t\ta. Interpretation of this Compact;\n \t\t\t\tb. Any rule or standard established by the Council pursuant to Article V;\n and\n \t\t\t\tc. Any dispute or controversy between any parties to this Compact; and\n\n 2. Hold a hearing concerning any dispute described in subdivision 1 at a\n regularly scheduled meeting of the Council and only render a decision based\n upon a majority vote of the members of the Council. Such decision shall be\n published pursuant to the requirements of subsection E of Article VI.\n\nB. Duties of FBI. The FBI shall exercise immediate and necessary action to\npreserve the integrity of the III System, maintain system policy and standards,\nprotect the accuracy and privacy of records, and to prevent abuses, until the\nCouncil holds a hearing on such matters.\n\nC. Right of appeal. The FBI or a Party State may appeal any decision of the\nCouncil to the Attorney General, and thereafter may file suit in the appropriate\ndistrict court of the United States, which shall have original jurisdiction of\nall cases or controversies arising under this Compact. Any suit arising under\nthis Compact and initiated in a State court shall be removed to the appropriate\ndistrict court of the United States in the manner provided by 28 U.S.C. §\n1446, or other statutory authority.\n\nHISTORY: 2017, c. 319.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}