Ariz. Admin. Code § 13-1-107

Current through Register Vol. 30, No. 50, December 13, 2024

Section R13-1-107 - Procedures for Review and Accuracy and Completeness of Criminal History Records

A. The subject of record or the subject's attorney may request criminal history record information maintained by the Department for the sole purpose of reviewing the accuracy and completeness of the subject of record's criminal history record.

B. To obtain a copy of a criminal history record, the subject of record shall submit a completed paper Record Review Instruction Packet provided by the Department's Central State Repository Section at (602) 223-2222 to have the information mailed or emailed. Alternatively, the subject of record may obtain the information and submit electronically via the Department's Public Services Portal website at www.azdps.gov.

C. A completed Record Review Instruction Packet includes the following for the subject of record:

1. Full set of classifiable fingerprints taken by an official at any law enforcement agency, entity contracted by the Department, or entities contracted by a law enforcement agency in another state. If filing via the Public Services Portal website, the fingerprints shall be mailed to the Department according to the instructions in the packet.

2. Name,

3. Date of birth,

4. Personal identifiers,

5. Place of birth,

6. Social Security number,

7. Address of residence,

8. Date fingerprinted, and

9. Signature of the applicant. Or the subject's attorney if submitting pursuant to subsection (E).

D. The completed Record Review Instruction Packet shall be returned to the Department according to the mailing instructions in the packet or via the Public Services Portal website.

E. The subject of record's attorney may obtain the subject of record's criminal history record by providing a notarized letter of authorization from the subject of record with the completed paper Record Review Instruction Packet. The attorney may only submit via the paper, mail-in process due to the submission requirement of the original notarized letter. The Public Services Portal website option is not available to the attorney.

F. Within 15 business days of receipt of the completed Record Review Instruction Packet, the Department shall provide a response to the subject of record or the subject's attorney. The Department shall include in the response arrest and disposition information maintained by the Department on the subject of record and a Review and Challenge of Arizona Criminal History Record Information form that requests:

1. Subject of record's full name;

2. Signature of subject of record or signature of the attorney representing the subject of record when completing paper forms. If submitting electronically via the Public Service Portal website, when the subject of record accesses their account using multifactor authentication, the subject of record shall type their legal name for the signature in the designated location and check the forgery acknowledgment box;

3. Date of submission of the challenge;

4. Summary of the exceptions and reasons for the exceptions, specifying each arrest, and including:

a. Name of arresting agency,

b. Date of arrest,

c. Arrest number, and

d. Charge or charges;

5. Subject of record's mailing address and email address if available; and

6. Signature of the subject of record, verifying the summary of exceptions and reasons when completing paper forms. If submitting electronically via the Public Service Portal website, when the subject of record accesses their account using multifactor authentication, the subject of record shall type their legal name for the signature in the designated location and check the forgery acknowledgment box.

Ariz. Admin. Code § R13-1-107

Former rule 6. Section expired under A.R.S. § 41-1056(E) at 9 A.A.R. 5477, effective October 31, 2003 (Supp. 03-4). Formerly Section R13-1-07; renumbered under A.R.S. § 41-1011(C) to comply with the numbering system prescribed by the Office of the Secretary of State (Supp. 03-4). New Section made by final rulemaking at 11 A.A.R. 1550, effective June 4, 2005 (Supp. 05-2). Amended by final rulemaking at 30 A.A.R. 2077, effective 8/4/2024.