Request for criminal history records check. -- In general.

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    (a)    In this section, “Central Repository” means the Criminal Justice Information System Central Repository of the Department of Public Safety and Correctional Services.

    (b)    (1)    An appointing authority may request a State and national criminal history records check from the Central Repository for:

            (i)    a person who is selected for a position in the State Personnel Management System; or

            (ii)    a current employee who is eligible and is being recommended for transfer, promotion, or reassignment to a position in the State Personnel Management System.

        (2)    The appointing authority shall apply to the Central Repository for a State and national criminal history records check for each prospective or current employee for whom a records check is sought under paragraph (1) of this subsection.

        (3)    As part of the application for a criminal history records check, the appointing authority shall submit to the Central Repository:

            (i)    two complete sets of the prospective or current employee’s legible fingerprints taken in a format approved by the Director of the Central Repository and the Director of the Federal Bureau of Investigation;

            (ii)    the fee authorized under § 10–221(b)(7) of the Criminal Procedure Article for access to criminal history record information; and

            (iii)    the mandatory processing fee required by the Federal Bureau of Investigation for a national criminal history records check.

        (4)    In accordance with Title 10, Subtitle 2 of the Criminal Procedure Article, the Central Repository shall forward to the prospective or current employee and the appointing authority the prospective or current employee’s criminal history record information.

        (5)    Information obtained from the Central Repository under this subsection:

            (i)    is confidential and may not be redisseminated; and

            (ii)    may be used only for employment purposes authorized under Division I of this article.

    (c)    A person who is the subject of a criminal history records check under this section may contest the contents of the printed statement issued by the Central Repository as provided in § 10–223 of the Criminal Procedure Article.

    (d)    The Secretary may adopt regulations, guidelines, and policies to carry out this section.


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