Section 12-60-16.6 - Criminal history record information - Dissemination to parties not described in section 12-60-16.5Only the bureau may disseminate a criminal history record to parties not described in section 12-60-16.5. The dissemination may be made only if all the following requirements are met:
1. The criminal history record information has not been purged or sealed.2. The criminal history record information is of a conviction, including a conviction for violating section 12.1-20-03, 12.1-20-03.1, 12.1-20-04, 12.1-20-06.1, or 12.1-20-11 notwithstanding any disposition following a deferred imposition of sentence; or the criminal history record information is of a reportable event occurring within three years preceding the request.3. The request is written and contains:a. The name of the requester.b. The biometric data of the record subject or, if the request is made without submitting the biometric data, the request must also include the name of the record subject and at least two items of information used by the bureau to retrieve criminal history records, including:(1) The state identification number assigned to the record subject by the bureau.(2) The social security number of the record subject.(3) The date of birth of the record subject.(4) A specific reportable event identified by date and either agency or court.4. The identifying information supporting a request for a criminal history record does not match the record of more than one individual.In order to confirm a record match, the bureau may contact the requester to collect additional information if a request contains an item of information that appears to be inaccurate or incomplete. This section does not prohibit the disclosure of a criminal history record by the requester or other persons after the dissemination of the record by the bureau to the requester.
Amended by S.L. 2015 , ch. 96( SB 2215 ), § 4, eff. 8/1/2015.