Exchange and dissemination of criminal
justice information by criminal justice agencies:
Criminal justice agencies shall exchange
criminal justice information with other criminal justice agencies and
authorized private contractors to facilitate the administration of criminal
justice and criminal justice employment. Dissemination of criminal justice
information to such agencies will follow the provisions of user agreements
executed between GCIC and criminal justice agency heads. If there is a question
as to whether an agency is a criminal justice agency as defined by these Rules,
the Director will determine the agency's status.
1. Local criminal justice agencies must refer
private attorneys requesting CHRI in criminal cases to GCIC.
2. Local criminal justice agencies may
process CHRI requests from a Public Defender's Office when that Office has a
State assigned ORI (ends in S). When processing these CHRI requests, the local
agency must use the Public Defender's ORI and purpose code L. Consent of the
individual (criminal defendant or witness) is not required.
3. Local criminal justice agencies may
process private attorney requests for CHRI in civil cases when provided the
signed consent of the persons whose records are sought utilizing the
appropriate purpose code.
Criminal records containing information on arrest charges disposed of under
provisions of the Georgia First Offender Act may be disseminated by Georgia
criminal justice agencies as described in subparagraph (2)(a)3. of this
justice agencies may disseminate CHRI to private persons, businesses, public
agencies, political subdivisions, authorities and other entities, including
state or federal licensing and regulatory agencies or their designated
representatives. In these cases, CHRI shall contain only Georgia or local
criminal justice agency information, excluding information relating to any
arrest disposed of under provisions of the Georgia First Offender Act after the
person's successful discharge from First Offender status. The exchange of CHRI
obtained from NCIC, or the III for a non-criminal justice purpose is prohibited
except when permitted by federal law.
Requesters must provide the fingerprints or signed consent of persons whose
criminal history records they are seeking at the time of each request. The
signed consent must be in a format approved by GCIC and include the person's
full name, address, social security number, race, sex and date of birth. When
the requester represents a county Board of Voter Registrars or a county Board
of Voter Registration and Elections, neither the fingerprints nor signed
consent of persons whose records are sought shall be required, if the sole
purpose is to verify information provided on a voter registration card by a
voter registration applicant. In addition, criminal justice agencies may
disseminate Georgia felony conviction records to any requester, without the
person's consent, as provided for by Georgia law.
2. Criminal justice agencies may charge fees
for disseminating criminal history records or "no record" reports to private
individuals, public and private agencies or their designated representatives.
Fees should approximate as nearly as possible the direct and indirect costs
associated with providing such information services.
3. Criminal justice agencies that disseminate
CHRI to private individuals and public and private agencies shall advise all
requesters that if an adverse employment, licensing, housing or other decision
is made, the individual or agency making the adverse decision must inform the
applicant of all information pertinent to that decision. This disclosure must
include that a CHRI check was made, the specific contents of the record and the
effect it had on the decision. Failure to provide all such information to the
applicant is a misdemeanor under Georgia law.
(c) Federal law exempts the FBI, State
Department, Defense Investigative Service, Central Intelligence Agency and
Office of Personnel Management from these provisions of Georgia law. Authorized
representatives of these agencies are not required to provide the fingerprints
or signed consent of persons whose CHRI is sought. All criminal justice
agencies are required by federal law to provide these agencies with CHRI, as
described in subparagraph (1) (b) of this Rule, on security clearance
applicants and applicants for employment in sensitive national security jobs.
However, the Office of Personnel Management (OPM) contracts with companies that
perform its background investigations. OPM contractors with Georgia offices
have NCIC assigned ORIs, which end in R (GAOPM010R) and access Georgia's CJIS
network to run background investigations under purpose code S (Security
Clearance Information Act).
Pursuant to signed GCIC user agreements and management control agreements,
criminal justice agencies may provide criminal justice information and CHRI to
individuals and agencies to provide for the development and operation of
computerized information systems or for the operation of consolidated
governmental communications centers supporting the administration of criminal
justice. These individuals and agencies shall be under the management control
of the criminal justice agencies they support. These agreements shall authorize
specific access to information, limit the use of information to purposes for
which it was disseminated, require the review and signing of Awareness
Statements and ensure the security and confidentiality of information
consistent with the Rules of the GCIC Council.
(e) Criminal justice agencies may disseminate
criminal justice information and CHRI to individuals and agencies for the
express purpose of research when the Director has approved the research project
in advance. In each case, GCIC shall execute a special user agreement with
requesters prior to the dissemination of such information. The agreement shall
provide for non-identification of specific individuals in published research
reports and that information furnished by criminal justice agencies shall be
immune from legal process and shall not, without consent of the criminal
justice agency providing the information, be admitted as evidence for any
purpose in any action, suit or other judicial or administrative
(f) Criminal justice
agencies must advise recipients of CHRI that use of this information shall be
limited to the intended purpose and may not be secondarily
(g) Criminal justice
agencies have authority to access the FBI's III files for criminal justice
administration and criminal justice employment. In addition, this information
may be used in civil or criminal courts in domestic violence or stalking cases
and other purposes authorized by federal law. Criminal justice agencies shall
not access III files for information pursuant to state license/permit
applications or for non-criminal justice employment purposes, unless
specifically provided for by federal law or regulation.
The FBI CJIS Security Policy documents
the minimum level of Information Technology (IT) security requirements
determined acceptable for the transmission, processing and storage of the
nation's CJIS data. It further stipulates that III CHRI may be accessed only
for an authorized purpose. Dissemination to another agency is permissible if
the other agency is an authorized recipient of such information. This policy
also identifies the requirements for methods of disseminating III CHRI data.
1. Transmitting III CHRI via the internet and
associated electronic media such as email facilities, remote access file
transfers and any other file modifications is allowed, provided all technical
security requirements have been met.
2. Transmitting III CHRI via electronic
devices using wireless or radio technology is allowed when an officer
determines there is an immediate need for this information to further an
investigation or there is a situation affecting the safety of an officer or the
3. Transmitting III CHRI
via a facsimile device not connected to a CJIS system is allowed when both
agencies involved in the transmission have an authorized NCIC ORI number. Prior
to the transmission, the sending agency shall verify the receiving agency's
4. Georgia CHRI may
be disseminated via the internet, wireless or radio technology, or facsimile to
authorized agencies as described in the FBI CJIS Security Policy.
5. Additionally, a criminal justice agency
may only disseminate Georgia CHRI via facsimile to a non-criminal justice or
entity provided the receiving facsimile is located in an area not readily
accessible by persons other than the individual authorized to receive the
contractors are permitted access to GCIC and FBI CJIS systems pursuant to a
specific agreement/contract to provide services for the administration of
criminal justice. The agreement/contract between the government agency and the
private contractor must incorporate the Security Addendum approved by the
Director of the FBI (acting for the U.S. Attorney General), as referenced in
entities performing the administration of criminal justice must meet the same
training and certification criteria required by governmental agencies
performing a similar function. All private entities performing criminal justice
functions, including administration of private correctional facilities, police
crime labs and the administration of probation services are included.
(j) No criminal justice information shall be
disseminated except as provided by law and these Rules.
Exchange and dissemination of criminal
justice information by GCIC.
exchange criminal justice information with criminal justice agencies and those
non-criminal justice agencies under a specific contract to a criminal justice
agency to serve the administration of criminal justice and to facilitate
criminal justice employment, based on the following criteria:
1. GCIC shall execute appropriate user
agreements with all criminal justice agencies.
2. GCIC shall provide any information in its
files or in files available to GCIC, which may aid these agencies in the
performance of their duties.
of information relating to any arrest disposed of under provisions of the
Georgia First Offender Act is unauthorized for licensing or employment purposes
after successful discharge of an individual from First Offender status, except
as specifically authorized by Georgia law and these Rules.
4. When requested electronically, GCIC may
electronically disseminate CHRI of in-state felony convictions, pleas and
sentences provided there is sufficient identifying information.
GCIC shall exchange criminal
justice information with:
1. The Governor,
when acting as Chief Law Enforcement Officer of the State.
2. The Attorney General, when performing
activities relating to the apprehension or prosecution of criminal
3. The Supreme Court,
when the Court's administrative arm is evaluating candidates for the Georgia
exchange CHRI with public agencies and officials, private businesses and
1. Public agencies, private
individuals and businesses requesting fingerprint-based criminal history record
checks shall submit applicant fingerprints using GCIC approved means and pay
the prescribed fees for each criminal history record or "No Record" report
disseminated by GCIC.
2. If CHRI
provided by GCIC is for employment, licensing or other decisions, GCIC shall
provide guidance to requesters as contained in subparagraph (1)(b)3. of this
3. Public agencies and
officials requesting criminal history record checks shall be subject to
periodic audits by GCIC to assure compliance with the relevant provisions of
Georgia law and these Rules.
Georgia law authorizes GCIC to conduct certain criminal history record checks
for criminal defense purposes based on personal identifiers supplied by
authorized requesters. All such record checks are conducted in a manner
determined by the Director. Criminal history records provided by GCIC pursuant
to this subparagraph shall contain the entire Georgia criminal history record
to include completed first offender records. Authorized requesters shall pay
GCIC will perform criminal history record checks for non-criminal justice
purposes only after fulfilling its duties and obligations to criminal justice
agencies as required by law.
GCIC may allow access to the CJIS network and other computerized files
containing criminal justice information and/or CHRI, pursuant to special user
agreements and management control agreements with governmental computerized
information systems and governmental dispatch centers in support of criminal
justice agencies. These governmental agencies shall be under the management
control of the criminal justice agencies they support. User agreements and
management control agreements shall authorize access to information, limit the
use of information to purposes for which it was disseminated, require the
signing of Awareness Statements and ensure the security and confidentiality of
data consistent with these Rules.
(f) The commercial dissemination of state or
federal hot file records obtained from NCIC is prohibited. Information derived
for other than criminal justice purposes from national hot file records can be
used by authorized criminal justice personnel only to confirm the status of a
person or article, e.g. wanted or stolen. Any advertising of services providing
"data for dollars" is prohibited. Authorized agencies are allowed to charge a
processing fee for disseminating data for authorized purposes. The wholesale
marketing of data for profit is not permitted, as in the example of a
pre-employment screening or background check company requesting that wanted
person checks from NCIC be conducted on individuals for various non-criminal
(g) Use of
information disseminated by GCIC shall be limited to the purposes for which it
was disseminated. Recipients shall be so advised.
(h) No information shall be disseminated by
GCIC except as provided by Georgia law or these Rules.