State Codes and Statutes

Statutes > Utah > Title-53 > Chapter-10 > 53-10-108

53-10-108. Restrictions on access, use, and contents of division records -- Limiteduse of records for employment purposes -- Challenging accuracy of records -- Usage fees --Missing children records.
(1) Dissemination of information from a criminal history record or warrant of arrestinformation from division files is limited to:
(a) criminal justice agencies for purposes of administration of criminal justice and foremployment screening by criminal justice agencies;
(b) noncriminal justice agencies or individuals for any purpose authorized by statute,executive order, court rule, court order, or local ordinance;
(c) agencies or individuals for the purpose of obtaining required clearances connectedwith foreign travel or obtaining citizenship;
(d) (i) agencies or individuals pursuant to a specific agreement with a criminal justiceagency to provide services required for the administration of criminal justice; and
(ii) the agreement shall specifically authorize access to data, limit the use of the data topurposes for which given, and ensure the security and confidentiality of the data;
(e) agencies or individuals for the purpose of a preplacement adoptive study, inaccordance with the requirements of Sections 78B-6-128 and 78B-6-130;
(f) (i) agencies and individuals as the commissioner authorizes for the express purpose ofresearch, evaluative, or statistical activities pursuant to an agreement with a criminal justiceagency; and
(ii) private security agencies through guidelines established by the commissioner foremployment background checks for their own employees and prospective employees;
(g) a qualifying entity for employment background checks for their own employees andpersons who have applied for employment with the qualifying entity; and
(h) other agencies and individuals as the commissioner authorizes and finds necessary forprotection of life and property and for offender identification, apprehension, and prosecutionpursuant to an agreement.
(2) An agreement under Subsection (1)(f) or (1)(h) shall specifically authorize access todata, limit the use of data to research, evaluative, or statistical purposes, preserve the anonymityof individuals to whom the information relates, and ensure the confidentiality and security of thedata.
(3) (a) Before requesting information under Subsection (1)(g), a qualifying entity mustobtain a signed waiver from the person whose information is requested.
(b) The waiver must notify the signee:
(i) that a criminal history background check will be conducted;
(ii) who will see the information; and
(iii) how the information will be used.
(c) Information received by a qualifying entity under Subsection (1)(g) may only be:
(i) available to persons involved in the hiring or background investigation of theemployee; and
(ii) used for the purpose of assisting in making an employment or promotion decision.
(d) A person who disseminates or uses information obtained from the division underSubsection (1)(g) for purposes other than those specified under Subsection (3)(c), in addition toany penalties provided under this section, is subject to civil liability.
(e) A qualifying entity that obtains information under Subsection (1)(g) shall provide the

employee or employment applicant an opportunity to:
(i) review the information received as provided under Subsection (8); and
(ii) respond to any information received.
(f) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, thedivision may make rules to implement this Subsection (3).
(g) (i) The applicant fingerprint card fee under Subsection (1)(g) is $20.
(ii) The name check fee under Subsection (1)(g) is $15.
(iii) These fees remain in effect until changed by the division through the process underSection 63J-1-504.
(iv) Funds generated under Subsections (3)(g)(i), (3)(g)(ii), and (8)(b) shall be depositedin the General Fund as a dedicated credit by the department to cover the costs incurred inproviding the information.
(h) The division or its employees are not liable for defamation, invasion of privacy,negligence, or any other claim in connection with the contents of information disseminated underSubsection (1)(g).
(4) (a) Any criminal history record information obtained from division files may be usedonly for the purposes for which it was provided and may not be further disseminated, exceptunder Subsection (4)(b).
(b) A criminal history provided to an agency pursuant to Subsection (1)(e) may beprovided by the agency to the person who is the subject of the history, another licensedchild-placing agency, or the attorney for the adoptive parents for the purpose of facilitating anadoption.
(5) If an individual has no prior criminal convictions, criminal history record informationcontained in the division's computerized criminal history files may not include arrest ordisposition data concerning an individual who has been acquitted, the person's charges dismissed,or when no complaint against the person has been filed.
(6) (a) This section does not preclude the use of the division's central computing facilitiesfor the storage and retrieval of criminal history record information.
(b) This information shall be stored so it cannot be modified, destroyed, or accessed byunauthorized agencies or individuals.
(7) Direct access through remote computer terminals to criminal history recordinformation in the division's files is limited to those agencies authorized by the commissionerunder procedures designed to prevent unauthorized access to this information.
(8) (a) The commissioner shall establish procedures to allow an individual right of accessto review and receive a copy of the individual's criminal history report.
(b) A processing fee for the right of access service, including obtaining a copy of theindividual's criminal history report under Subsection (8)(a) is $15. This fee remains in effectuntil changed by the commissioner through the process under Section 63J-1-504.
(c) (i) The commissioner shall establish procedures for an individual to challenge thecompleteness and accuracy of criminal history record information contained in the division'scomputerized criminal history files regarding that individual.
(ii) These procedures shall include provisions for amending any information found to beinaccurate or incomplete.
(9) The private security agencies as provided in Subsection (1)(f)(ii):
(a) shall be charged for access; and

(b) shall be registered with the division according to rules made by the division underTitle 63G, Chapter 3, Utah Administrative Rulemaking Act.
(10) Before providing information requested under this section, the division shall givepriority to criminal justice agencies needs.
(11) (a) Misuse of access to criminal history record information is a class Bmisdemeanor.
(b) The commissioner shall be informed of the misuse.

Amended by Chapter 58, 2010 General Session

State Codes and Statutes

Statutes > Utah > Title-53 > Chapter-10 > 53-10-108

53-10-108. Restrictions on access, use, and contents of division records -- Limiteduse of records for employment purposes -- Challenging accuracy of records -- Usage fees --Missing children records.
(1) Dissemination of information from a criminal history record or warrant of arrestinformation from division files is limited to:
(a) criminal justice agencies for purposes of administration of criminal justice and foremployment screening by criminal justice agencies;
(b) noncriminal justice agencies or individuals for any purpose authorized by statute,executive order, court rule, court order, or local ordinance;
(c) agencies or individuals for the purpose of obtaining required clearances connectedwith foreign travel or obtaining citizenship;
(d) (i) agencies or individuals pursuant to a specific agreement with a criminal justiceagency to provide services required for the administration of criminal justice; and
(ii) the agreement shall specifically authorize access to data, limit the use of the data topurposes for which given, and ensure the security and confidentiality of the data;
(e) agencies or individuals for the purpose of a preplacement adoptive study, inaccordance with the requirements of Sections 78B-6-128 and 78B-6-130;
(f) (i) agencies and individuals as the commissioner authorizes for the express purpose ofresearch, evaluative, or statistical activities pursuant to an agreement with a criminal justiceagency; and
(ii) private security agencies through guidelines established by the commissioner foremployment background checks for their own employees and prospective employees;
(g) a qualifying entity for employment background checks for their own employees andpersons who have applied for employment with the qualifying entity; and
(h) other agencies and individuals as the commissioner authorizes and finds necessary forprotection of life and property and for offender identification, apprehension, and prosecutionpursuant to an agreement.
(2) An agreement under Subsection (1)(f) or (1)(h) shall specifically authorize access todata, limit the use of data to research, evaluative, or statistical purposes, preserve the anonymityof individuals to whom the information relates, and ensure the confidentiality and security of thedata.
(3) (a) Before requesting information under Subsection (1)(g), a qualifying entity mustobtain a signed waiver from the person whose information is requested.
(b) The waiver must notify the signee:
(i) that a criminal history background check will be conducted;
(ii) who will see the information; and
(iii) how the information will be used.
(c) Information received by a qualifying entity under Subsection (1)(g) may only be:
(i) available to persons involved in the hiring or background investigation of theemployee; and
(ii) used for the purpose of assisting in making an employment or promotion decision.
(d) A person who disseminates or uses information obtained from the division underSubsection (1)(g) for purposes other than those specified under Subsection (3)(c), in addition toany penalties provided under this section, is subject to civil liability.
(e) A qualifying entity that obtains information under Subsection (1)(g) shall provide the

employee or employment applicant an opportunity to:
(i) review the information received as provided under Subsection (8); and
(ii) respond to any information received.
(f) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, thedivision may make rules to implement this Subsection (3).
(g) (i) The applicant fingerprint card fee under Subsection (1)(g) is $20.
(ii) The name check fee under Subsection (1)(g) is $15.
(iii) These fees remain in effect until changed by the division through the process underSection 63J-1-504.
(iv) Funds generated under Subsections (3)(g)(i), (3)(g)(ii), and (8)(b) shall be depositedin the General Fund as a dedicated credit by the department to cover the costs incurred inproviding the information.
(h) The division or its employees are not liable for defamation, invasion of privacy,negligence, or any other claim in connection with the contents of information disseminated underSubsection (1)(g).
(4) (a) Any criminal history record information obtained from division files may be usedonly for the purposes for which it was provided and may not be further disseminated, exceptunder Subsection (4)(b).
(b) A criminal history provided to an agency pursuant to Subsection (1)(e) may beprovided by the agency to the person who is the subject of the history, another licensedchild-placing agency, or the attorney for the adoptive parents for the purpose of facilitating anadoption.
(5) If an individual has no prior criminal convictions, criminal history record informationcontained in the division's computerized criminal history files may not include arrest ordisposition data concerning an individual who has been acquitted, the person's charges dismissed,or when no complaint against the person has been filed.
(6) (a) This section does not preclude the use of the division's central computing facilitiesfor the storage and retrieval of criminal history record information.
(b) This information shall be stored so it cannot be modified, destroyed, or accessed byunauthorized agencies or individuals.
(7) Direct access through remote computer terminals to criminal history recordinformation in the division's files is limited to those agencies authorized by the commissionerunder procedures designed to prevent unauthorized access to this information.
(8) (a) The commissioner shall establish procedures to allow an individual right of accessto review and receive a copy of the individual's criminal history report.
(b) A processing fee for the right of access service, including obtaining a copy of theindividual's criminal history report under Subsection (8)(a) is $15. This fee remains in effectuntil changed by the commissioner through the process under Section 63J-1-504.
(c) (i) The commissioner shall establish procedures for an individual to challenge thecompleteness and accuracy of criminal history record information contained in the division'scomputerized criminal history files regarding that individual.
(ii) These procedures shall include provisions for amending any information found to beinaccurate or incomplete.
(9) The private security agencies as provided in Subsection (1)(f)(ii):
(a) shall be charged for access; and

(b) shall be registered with the division according to rules made by the division underTitle 63G, Chapter 3, Utah Administrative Rulemaking Act.
(10) Before providing information requested under this section, the division shall givepriority to criminal justice agencies needs.
(11) (a) Misuse of access to criminal history record information is a class Bmisdemeanor.
(b) The commissioner shall be informed of the misuse.

Amended by Chapter 58, 2010 General Session


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State Codes and Statutes

Statutes > Utah > Title-53 > Chapter-10 > 53-10-108

53-10-108. Restrictions on access, use, and contents of division records -- Limiteduse of records for employment purposes -- Challenging accuracy of records -- Usage fees --Missing children records.
(1) Dissemination of information from a criminal history record or warrant of arrestinformation from division files is limited to:
(a) criminal justice agencies for purposes of administration of criminal justice and foremployment screening by criminal justice agencies;
(b) noncriminal justice agencies or individuals for any purpose authorized by statute,executive order, court rule, court order, or local ordinance;
(c) agencies or individuals for the purpose of obtaining required clearances connectedwith foreign travel or obtaining citizenship;
(d) (i) agencies or individuals pursuant to a specific agreement with a criminal justiceagency to provide services required for the administration of criminal justice; and
(ii) the agreement shall specifically authorize access to data, limit the use of the data topurposes for which given, and ensure the security and confidentiality of the data;
(e) agencies or individuals for the purpose of a preplacement adoptive study, inaccordance with the requirements of Sections 78B-6-128 and 78B-6-130;
(f) (i) agencies and individuals as the commissioner authorizes for the express purpose ofresearch, evaluative, or statistical activities pursuant to an agreement with a criminal justiceagency; and
(ii) private security agencies through guidelines established by the commissioner foremployment background checks for their own employees and prospective employees;
(g) a qualifying entity for employment background checks for their own employees andpersons who have applied for employment with the qualifying entity; and
(h) other agencies and individuals as the commissioner authorizes and finds necessary forprotection of life and property and for offender identification, apprehension, and prosecutionpursuant to an agreement.
(2) An agreement under Subsection (1)(f) or (1)(h) shall specifically authorize access todata, limit the use of data to research, evaluative, or statistical purposes, preserve the anonymityof individuals to whom the information relates, and ensure the confidentiality and security of thedata.
(3) (a) Before requesting information under Subsection (1)(g), a qualifying entity mustobtain a signed waiver from the person whose information is requested.
(b) The waiver must notify the signee:
(i) that a criminal history background check will be conducted;
(ii) who will see the information; and
(iii) how the information will be used.
(c) Information received by a qualifying entity under Subsection (1)(g) may only be:
(i) available to persons involved in the hiring or background investigation of theemployee; and
(ii) used for the purpose of assisting in making an employment or promotion decision.
(d) A person who disseminates or uses information obtained from the division underSubsection (1)(g) for purposes other than those specified under Subsection (3)(c), in addition toany penalties provided under this section, is subject to civil liability.
(e) A qualifying entity that obtains information under Subsection (1)(g) shall provide the

employee or employment applicant an opportunity to:
(i) review the information received as provided under Subsection (8); and
(ii) respond to any information received.
(f) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, thedivision may make rules to implement this Subsection (3).
(g) (i) The applicant fingerprint card fee under Subsection (1)(g) is $20.
(ii) The name check fee under Subsection (1)(g) is $15.
(iii) These fees remain in effect until changed by the division through the process underSection 63J-1-504.
(iv) Funds generated under Subsections (3)(g)(i), (3)(g)(ii), and (8)(b) shall be depositedin the General Fund as a dedicated credit by the department to cover the costs incurred inproviding the information.
(h) The division or its employees are not liable for defamation, invasion of privacy,negligence, or any other claim in connection with the contents of information disseminated underSubsection (1)(g).
(4) (a) Any criminal history record information obtained from division files may be usedonly for the purposes for which it was provided and may not be further disseminated, exceptunder Subsection (4)(b).
(b) A criminal history provided to an agency pursuant to Subsection (1)(e) may beprovided by the agency to the person who is the subject of the history, another licensedchild-placing agency, or the attorney for the adoptive parents for the purpose of facilitating anadoption.
(5) If an individual has no prior criminal convictions, criminal history record informationcontained in the division's computerized criminal history files may not include arrest ordisposition data concerning an individual who has been acquitted, the person's charges dismissed,or when no complaint against the person has been filed.
(6) (a) This section does not preclude the use of the division's central computing facilitiesfor the storage and retrieval of criminal history record information.
(b) This information shall be stored so it cannot be modified, destroyed, or accessed byunauthorized agencies or individuals.
(7) Direct access through remote computer terminals to criminal history recordinformation in the division's files is limited to those agencies authorized by the commissionerunder procedures designed to prevent unauthorized access to this information.
(8) (a) The commissioner shall establish procedures to allow an individual right of accessto review and receive a copy of the individual's criminal history report.
(b) A processing fee for the right of access service, including obtaining a copy of theindividual's criminal history report under Subsection (8)(a) is $15. This fee remains in effectuntil changed by the commissioner through the process under Section 63J-1-504.
(c) (i) The commissioner shall establish procedures for an individual to challenge thecompleteness and accuracy of criminal history record information contained in the division'scomputerized criminal history files regarding that individual.
(ii) These procedures shall include provisions for amending any information found to beinaccurate or incomplete.
(9) The private security agencies as provided in Subsection (1)(f)(ii):
(a) shall be charged for access; and

(b) shall be registered with the division according to rules made by the division underTitle 63G, Chapter 3, Utah Administrative Rulemaking Act.
(10) Before providing information requested under this section, the division shall givepriority to criminal justice agencies needs.
(11) (a) Misuse of access to criminal history record information is a class Bmisdemeanor.
(b) The commissioner shall be informed of the misuse.

Amended by Chapter 58, 2010 General Session


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