Ga. Comp. R. & Regs. R. 140-2-.10 - Procedures for Criminal History Record Inspection by Record Subjects

Current through Rules and Regulations filed through April 4, 2022

(1) GCIC processing procedures:
(a) All applications for criminal history record inspection must include a current set of the record subject's fingerprints taken by a GCIC employee or trained employee of a local criminal justice agency. GCIC personnel will request identification documentation at time of fingerprinting.
(b) Applications are processed upon payment of a $3.00 fee payable in cash or money order.
1. GCIC will issue receipts for cash payments.
2. Money orders shall be made payable to the Georgia Bureau of Investigation.
(c) GCIC will accept applications from 8:00 a.m. to 4:30 p.m., Monday through Friday, except for State holidays. Appointments are preferred.
(2) An attorney may, upon written application and payment of fees, inspect and obtain a copy of his or her client's criminal history record maintained by GCIC.
(3) General processing procedures:
(a) Pursuant to these Rules, a local criminal justice agency may prescribe its own applicable forms and procedures for a record subject, or his or her attorney, to review and obtain a copy of the record subject's criminal history record.
(b) Local agencies may charge reasonable fees to offset costs of handling inspection requests.
(c) Agencies providing record inspection services shall impose only such procedures and restrictions reasonably necessary to
1. Ensure the integrity of its records.
2. Verify the identity of those who seek to inspect their records; verification procedures may include fingerprinting.
3. Establish orderly and efficient inspection procedures.
(4) Criminal history records determined by GCIC or other criminal justice agencies to be in error shall be corrected without undue delay; the record subject or attorney of representation shall be notified when record corrections have been made.
(5) For criminal history records determined by GCIC or other criminal justice agencies as accurate, the individual may initiate further actions under the provisions of Georgia law.

Notes

Ga. Comp. R. & Regs. R. 140-2-.10
O.C.G.A. Secs. 35-3-33, 35-3-37, 42 U.S.C. 3771, 28 CFR 20.21.
History. Original Rule entitled "Procedures Whereby An Individual May Access His Criminal History Record File" adopted F. Feb. 25, 1976; eff. Mar. 16, 1976. Repealed: New Rule entitled "Procedures for an Individual to Inspect His Criminal History Record File" adopted. F. Jan. 7, 1983; eff. Feb. 1, 1983, as specified by the Agency. Repealed: New Rule of same title adopted. F. Sept. 6, 1984; eff. Oct. 8, 1984, as specified by the Agency. Repealed: New Rule of same title adopted. F. July 2, 1986; eff. July 22, 1986. Amended: F. July 7, 1988; eff. July 27, 1988. Repealed: New Rule of same title adopted. F. Nov. 7, 1990; eff. Nov. 27, 1990. Amended: F. Dec. 2, 1992; eff. Dec. 22, 1992. Repealed: New Rule of same title adopted. F. Mar. 4, 1998; eff. Mar. 24, 1998. Amended: Rule entitled "Procedures for Criminal Record Inspection by Record Subjects". F. Sept. 5, 2002; eff. Sept. 25, 2002. Repealed: New Rule of same title adopted. F. Sept. 25, 2007, eff. Oct. 15, 2007.

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