The national crime prevention and privacy compact is enacted into law and entered into by this state, with all states legally joining therein in the form substantially as follows:
The contracting parties agree to the following:
Overview
Article I. Definitions
In this compact:
Includes federal and state inspectors general offices;
Criminal justice services. The term “criminal justice services” means services provided by the FBI to criminal justice agencies in response to a request for information about a particular individual or as an update to information previously provided for criminal justice purposes;
Criterion offense. The term “criterion offense” means any felony or misdemeanor offense not included on the list of nonserious offenses published periodically by the FBI;
Direct access. The term “direct access” means access to the National Identification Index by computer terminal or other automated means not requiring the assistance of or intervention by any other party or agency;
Executive order. The term “executive order” means an order of the president of the United States or the chief executive officer of a state that has the force of law and that is promulgated in accordance with applicable law;
FBI. The term “FBI” means the federal bureau of investigation;
Interstate identification system. The term “Interstate Identification Index System” or “III System”:
Means the cooperative federal-state system for the exchange of criminal history records; and
Includes the National Identification Index, the National Fingerprint File and, to the extent of their participation in such system, the criminal history record repositories of the states and the FBI;
National Fingerprint File. The term “National Fingerprint File” means a database of fingerprints, or other uniquely personal identifying information, relating to an arrested or charged individual maintained by the FBI to provide positive identification of record subjects indexed in the III System;
National Identification Index. The term “National Identification Index” means an index maintained by the FBI consisting of names, identifying numbers, and other descriptive information relating to record subjects about whom there are criminal history records in the III System;
National indices. The term “national indices” means the National Identification Index and the National Fingerprint File;
Noncriminal justice purposes. The term “noncriminal justice purposes” means uses of criminal history records for purposes authorized by federal or state law other than purposes relating to criminal justice activities, including employment suitability, licensing determinations, immigration and naturalization matters, and national security clearances;
Nonparty state. The term “nonparty state” means a state that has not ratified this compact;
Party state. The term “party state” means a state that has ratified this compact;
Positive identification. The term “positive identification” means a determination, based upon a comparison of fingerprints or other equally reliable biometric identification techniques, that the subject of a record search is the same person as the subject of a criminal history record or records indexed in the III System. Identifications based solely upon a comparison of subjects' names or other nonunique identification characteristics or numbers, or combinations thereof, shall not constitute positive identification;
Sealed record information. The term “sealed record information” means:
With respect to adults, that portion of a record that is:
Not available for criminal justice uses;
Not supported by fingerprints or other accepted means of positive identification; or
Subject to restrictions on dissemination for noncriminal justice purposes pursuant to a court order related to a particular subject or pursuant to a federal or state statute that requires action on a sealing petition filed by a particular record subject; and
With respect to juveniles, whatever each state determines is a sealed record under its own law and procedure; and
State. The term “state” means any state, territory, or possession of the United States, the District of Columbia, and the Commonwealth of Puerto Rico.
Article II. Purposes
The purposes of this compact are to:
Article III. Responsibilities Of Compact Parties
Article IV. Authorized Record Disclosures
Article V. Record Request Procedures
Article VI. Establishment Of Compact Council
Article VII. Ratification Of Compact
This compact shall take effect upon being entered into by two (2) or more states as between those states and the federal government. Upon subsequent entering into this compact by additional states, it shall become effective among those states and the federal government and each party state that has previously ratified it. When ratified, this compact shall have the full force and effect of law within the ratifying jurisdictions. The form of ratification shall be in accordance with the laws of the executing state.
Article VIII. Miscellaneous Provisions
Article IX. Renunciation
Article X. Severability
The provisions of this compact shall be severable, and if any phrase, clause, sentence, or provision of this compact is declared to be contrary to the constitution of any participating state, or to the constitution of the United States, or the applicability thereof to any government, agency, person, or circumstance is held invalid, the validity of the remainder of this compact and the applicability thereof to any government, agency, person, or circumstance shall not be affected thereby. If a portion of this compact is held contrary to the constitution of any party state, all other portions of this compact shall remain in full force and effect as to the remaining party states and in full force and effect as to the party state affected, as to all other provisions.
Article XI. Adjudication Of Disputes