Handling of criminal records

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  • (a) It is unlawful for a peace officer or employee of a law enforcement agency with access to criminal offender record information maintained by a local enforcement criminal justice agency to knowingly disclose, with intent to affect a person’s employment, any information contained therein pertaining to an arrest or detention or proceeding that did not result in a conviction, including information pertaining to a referral to, and participation in, any pretrial or post trial diversion program, to any person not authorized by law to receive that information.

  • (b) It is unlawful for any other person authorized by law to receive criminal offender record information maintained by a local law enforcement, or criminal justice agency to knowingly disclose any information received therefrom pertaining to an arrest or detention or proceeding that did not result in a conviction, including information pertaining to a referral to, and participation in, any pretrial or post trial diversion program, to any person not authorized by law to receive that information.

  • (c) It is unlawful for any person, who knowing he is not authorized by law to receive or possess criminal justice records information maintained by a local law enforcement criminal justice agency, pertaining to an arrest or other proceeding that did not result in a conviction, including information pertaining to a referral to and participation in any pretrial or post trial diversion program, to receive or possess that information.

  • (d) Nothing in this subchapter requires the Department of Justice to remove entries relating to an arrest not resulting in conviction from summary criminal history records forwarded to an employer pursuant to law.


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