Haw. Code R. § 19-123-204 - Use of criminal history records results
(a)
Information obtained from criminal history record checks shall be used
exclusively by the department for the purpose of determining whether or not a
person is suitable for working in close proximity to students. Use and release
of such information obtained from the FBI shall be subject to federal laws and
regulations.
(b) The department may
disclose information that an affected individual's criminal history record
check shows a "clean criminal history record". Federal law (28
U.S.C. §
534) otherwise prohibits the
disclosure of criminal history information obtained from the FBI. An FBI
identification record and information contained therein, however, may be
disclosed to the affected individual when explaining decisions or contemplated
decisions resulting in refusal to certify an applicant for a rider education
instructor certificate or termination of a rider education instructor
certificate. Information from an FBI identification record may also be
disclosed to a legal representative of the applicant with the consent of the
affected individual and may also be displayed, with the consent of the affected
individual, at an administrative hearing to resolve issues concerning the
record's content and use. If desired, the affected individual may also request
the correction of FBI criminal history information by following FBI rules to
correct the FBI identification record.
(c) Criminal history information obtained
from sources other than the FBI may be categorized into criminal convictions
and arrest records. Criminal convictions are considered public records and may
be disclosed to the general public. Arrest records are private and shall not be
released by the department except in the process of verifying the disposition
of the arrests, or as otherwise required by law. Information regarding a
person's arrest records for offenses that may pose a risk to the health,
safety, or well-being of students may be used as the basis to delay rider
education instructor certificate decisions or for the suspension of a rider
education instructor certificate pending further inquiry and investigation.
Arrest records shall not be used as the sole basis to refuse a rider education
instructor certificate.
Notes
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