Current through Register Vol. 54, No.43, October 26, 2024
Section 195.5 - Challenge(a) Enclosed along with the copy of the criminal history record information shall be a postage paid form-the Challenge Form-which is to be completed and returned within 30 days of the date the form is received by the subject of the criminal history record information and which states that the subject has reviewed the criminal history record information and that he understands that those portions of the record not challenged shall be presumed by law to be accurate. The challenge form shall state in bold letters: "YOU HAVE 30 DAYS FROM THE DATE OF THIS NOTICE TO CHALLENGE THE ACCURACY OF THE INFORMATION CONTAINED HEREIN."
(b) An individual wishing to challenge the accuracy of the reviewed criminal history record information must, within 30 days of the date the information is received, submit the Challenge Form to the repository identifying therein the portion or portions of the record being challenged and providing his correct version of his record and an explanation of why he believes his version to be correct.(c) Upon receiving such written notification of a challenge, the repository maintaining the criminal history information being challenged shall conduct a review for accuracy, which review shall be completed within 60 days of the date the challenge is received. The responding repository has the burden of showing the accuracy of the information; except that, when the information has been contributed by another repository, the contributing repository shall, upon request by the responding repository, verify or correct the information within 30 days of the date the request for verification is received.(d) The findings of the repository shall be communicated to the individual. If the repository determines that the record is correct, the repository shall so notify the individual and advise him of his right to appeal. The notice and advice shall be delivered to the individual at the address indicated on the Challenge Form.(e) If the challenge is determined to be valid, the repository shall so notify the individual by mail at the address indicated on the challenge form, and the repository shall insure that: (1) The record is corrected.(2) A certified and corrected copy of the record is provided to the individual.(3) Errors in criminal history record information previously disseminated to criminal justice agencies are eliminated and replaced with corrected information.(4) The individual is supplied with the names and addresses of those noncriminal justice agencies and individuals which have received erroneous criminal history record information.(5) Every reasonable effort is made to notify those individuals and noncriminal justice agencies to whom the erroneous information was disseminated; the notification shall include a certified and corrected copy of the record.