Section 240IAC6-1.1-5. Review of information by subject of record

   (a) Each individual shall have the right to review manual or automated criminal history record information relating to him. The department (central repository) shall make available facilities and personnel necessary to permit such reviews. Such reviews shall be conducted in accordance with the following procedure:

(1) Such reviews shall occur only within the facilities of the department, central repository, and only under the supervision and in the presence of a designated employee or agent of the department. The files and records made available to the individual, shall not be removed from the premises of the department.

(2) Such reviews may, at the discretion of the department, be limited to ordinary daylight business hours, excluding weekends and holidays. Such reviews shall be permitted only after payment of the required fee for review and copy and after proper verification that the requesting individual is the subject of the criminal history record information which he seeks to review.

(3) Such reviews shall be permitted an individual or his legal representative or legal counsel only after proper verification that the requesting individual is the subject of the criminal history record information which he seeks to review. A legal representative or legal counsel shall have proper notarized legal documentation as to his capacity to represent such individual.

(4) A record of each such review shall be maintained by the department. Each record of such review shall be completed and signed by the supervisory employee or agent present at the review. The form shall include a recording of the name of the reviewer, the date of the review and whether or not any exception was taken to the accuracy, completeness or content of the information reviewed.

(5) The reviewing individual may make written summary or note in his own handwriting of the information reviewed, and may take with him such notes. Such individuals may make a copy of the original.

(6) Each reviewing individual shall be informed of his rights to challenge under these regulations [240 IAC 6-1.1]. Each such individual shall be informed that he may submit written exceptions as to the information, content, completeness or accuracy to the criminal justice agency who originated the information.

(7) Should the individual elect to submit such exceptions to central repository files, he shall be furnished the appropriate forms and a copy of that portion which he wishes to challenge. The individual shall record on the exception form that portion of the record which he challenges and the reason for such challenge. One copy of the form shall be forwarded to the review officer of the department, the second copy shall be forwarded to the hearing committee chairman and the third copy shall be retained by the central repository. The department shall in each such case cause to be conducted a review as established in the procedures for challenges to the accuracy or completeness of criminal history record information. The individual shall be informed in writing of the results of the review. Should the audit disclose errors or omissions in the information, the department shall cause appropriate alterations or additions to be made to the information and upon request shall cause notice of such alterations or additions to be given to the individuals involved, and any other departments in this or any other jurisdiction to which that criminal history record information has previously been disseminated. Upon request, the individual will be provided a list of all noncriminal justice agencies to which this information has been disseminated.

(State Police Department; 240 IAC 6-1.1-5; filed Mar 6, 1984, 2:47 pm: 7 IR 811; readopted filed Oct 17, 2001, 10:05 a.m.: 25 IR 935; readopted filed Jul 2, 2007, 3:01 p.m.: 20070711-IR-240070255RFA; readopted filed Dec 2, 2013, 10:29 a.m.: 20140101-IR-240130458RFA)