CRIMINAL HISTORY RECORD INFORMATION (CHRI)EPD706.0
TITLECRIMINAL HISTORY RECORD INFORMATION
/ PROCEDURE NUMBEREPD706.0
SECTIONREPORTING PROCEDURES
/NUMBER OF PAGES
3 / EFFECTIVE DATE10/22/2014 / REVIEW DATE
X NEW AMMENDS RECINDS
DATE: / CALEA CHAPTERS
82
/ AUTHORITYChief Stephen Walker
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CRIMINAL HISTORY RECORD INFORMATION (CHRI)EPD706.0
I. PURPOSE
This general order establishes policy and procedures relating to the dissemination of criminal history information in compliance with
Annotated Code of Maryland, Criminal Procedure Article, Section 10-219, and Title 28, Code of Federal Regulations, Part 20, Criminal Justice Information Systems (CJIS).
II. POLICY
In every instance except those involving criminal investigations Department personnel will obtain advance written consent from the subject of a criminal history check.
III. DEFINITIONS
A. Criminal History Record Information(CHRI) is data that includes the individual identifiers preceding and describes a person’s arrests (for both felonies and misdemeanors) and subsequent disposition. State criminal history records do not include intelligence or investigative data or sociological data such as drug use history. They also do not include traffic offenses or information about juveniles, except for juveniles tried as an adult in criminal court. CHRI data are backed by fingerprints of the subjects to provide positive identification. The Maryland State Police are the repository for criminal history records.
B. Master Name Index is a subject identification index maintained in the
computerized system of the State of Maryland which includes names and arrest identifiers for all persons about whom a record is held.
Identifiers include address, date of birth, social security number, place of employment, automobile registration, sex, race, and physical characteristics such as hair and eye color, height, and any distinguishing scars, marks or tattoos.
C. National Crime Information Center (NCIC) is an automated database of criminal justice and justice related records maintained by the FBI. The data base includes wanted and missing persons, stolen vehicles and identifiable stolen property, including firearms. Officers routinely learn of wanted persons in these files.
D. Interstate Identification Index (III)are records provided by the FBI and participating state agencies. The FBI provides the criminal history records for persons arrested by a federal agency, arrest data from states not currently participating in the III Program, and arrest data that III participants are unable to provide. A
State referred to as an III participant provides records from its file upon receipt of notification from III.
E. Disseminate means to transmit criminal history record information in any form (Annotated Code of Maryland Criminal Procedure Article,§10-201g).
F. Expungement means to remove police record and court record from public inspection.
IV. ACCESS TO CRIMINAL HISTORY
WITHIN THE POLICE
DEPARTMENT
A. All police officers and the policeadministrative assistant have access to the computer terminal for criminal history. They receive initial certification training from the
State of Maryland and after training must bere-certified every two years in order to retain their passwords.
B. When a request for CCH orIII from the MILES/NCICterminal is made the employee must complete a Criminal History Dissemination Log. The log will be placed in the file folder located to the rear of the current year report files.
C.If an employee releases or give the CCH or III information to anyone else (secondary dissemination),he/she must complete the dissemination form with the information required.
V. CHRI DISSEMINATION CRITERIA
A. CHRI is disseminated to criminal justice agencies for:
1. Criminal Justice investigations;
2. Criminal Justice Agency employment investigations.
B. Law enforcement-related requests for CHRI may be honored if the requester is identified by name, agency and date of birth. The following may be disseminated to authorized recipients for law enforcement purposes only:
1. Arrest Reports with or without disposition information;
2. Court disposition information;
3. Criminal photographs (mug shots);
4. Fingerprints;
5. Latent fingerprints.
VI. CRIMINAL JUSTICE AGENCIES
AUTHORIZED TO RECEIVE CHRI
The following agencies may receive CHRI for law enforcement activities:
A. Criminal justice agencies for justice activities and employment;
B. Federal criminal justice agencies for law enforcement activities;
C. Local Police Departments for law enforcement activities.
D. Other criminal justice agencies outsideMaryland for law enforcement activities.
E. State criminal justice agencies for lawenforcement activities.
VII. NON-CRIMINAL JUSTICE
AGENCIES AUTHORIZED TO
RECEIVE CHRI
A. The following may receive CHRI from the Maryland Department of Public Safety and
Correctional Services:
1.Landlords;
2. Criminal offenders and authorized
Attorneys;
3. Membership associations;
4. Non-governmental employers;
5. Other non-criminal justiceagencies/persons;
6. Public housing authorities;
VIII. JUVENILE RECORDS
A. Unless charged as an adult, juvenile criminal records shall be maintained in a separate location from adult criminal records.
B. Juvenile related records/information may be accessible to law enforcement and prosecution agencies for:
1. Criminal Investigation
2. Criminal Procedure
3. Juvenile Cases
IX. PENALTIES & SANCTIONS FOR
UNAUTHORIZED USE DISCLOSURE
A.Prince George’s County Police Records
Division receivesand maintains the original
reports from theDepartment. The
Department maintains a copy of each report. In
compliance with PrinceGeorge’s County Police
General OrderVolumeI, Chapter 33any
employeedisseminatingcriminal historyrecord
information tounauthorized recipients issubject
to:
1. A maximum federal fine of $10,000 for
each infraction;
2. State imposed additional sanctions.
X. EXPUNGEMENTS
A. The expungement of all police records shall be done in accordance with Criminal Procedure Article Title 10, Subtitle 1, Section(s) 10-101 through 10-109 of the Annotated Code of Maryland.
B. When a court order for an expungement of a person’s police record is received, all information about the petitioning person (including reports or information the arresting officer may have) is collected and retained according to law, in locked files under the supervision of the Chief or designee.
C. The form that notifies the sender that the expungement has been completed isforwarded to the court.
End of Document
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