Utah Admin. Code R722-900-6 - Individual Right of Access
(1) An
individual may review his or her own criminal history record information
contained in a UCH, by submitting a completed Criminal History Record
Application to the bureau along with:
(a) a
set of fingerprints which have been verified with photo identification at the
time the fingerprints were taken;
(b) a copy of a government issued photo
identification; and
(c) payment of
the processing fee required by Subsection
53-10-108(9)(b).
(2)
(a) An individual may challenge the
completeness and accuracy of the information contained in the individual's UCH
by submitting a completed Application to Challenge Criminal History Records to
the bureau along with:
(i) the challenge fee;
and
(ii) documentation to establish
what information is missing or incorrect on the UCH.
(b) The challenge process shall be an
informal adjudicative proceeding under Section
63G-4-203.
(c)
(i) If
the bureau determines that the individual's criminal history record information
is incomplete or inaccurate, the bureau shall amend the UCH.
(ii) The bureau shall send the individual a
letter notifying the individual of the changes made to the individual's UCH and
a copy of the individual's corrected UCH.
(d)
(i) If
the bureau determines that the criminal history record information is correct,
the bureau shall notify the individual in writing that the UCH shall not be
amended.
(ii) An individual may
appeal the bureau's decision not to amend a record to district court in
accordance with Section
63G-4-402.
(e) If the bureau determines that the
individual seeking to challenge the information in the UCH is not the subject
of the record, the bureau shall notify the individual in writing.
Notes
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