(a) A person who has inspected the person’s own criminal history record information may challenge the completeness, contents, accuracy, or dissemination of the information.
(b) A person challenging criminal history record information under subsection (a) of this section shall give written notice of the challenge to the Central Repository and, if the inspection was not at the Central Repository, to the criminal justice unit where the person inspected the information.
(c) The notice under subsection (b) of this section shall:
(1) state:
(i) the part of the criminal history record information being challenged;
(ii) the reason for the challenge; and
(iii) the change requested to correct or complete the criminal history record information or its dissemination;
(2) include any available certified documentation or other evidence supporting the challenge; and
(3) contain a sworn statement, under penalty of perjury, that the information in or supporting the challenge is accurate and the challenge is made in good faith.
(d) (1) After receiving the notice under subsection (b) of this section, the Central Repository shall audit that part of the criminal history record information that is necessary to determine the validity of the challenge.
(2) As part of the audit, the Central Repository may require the criminal justice unit that was the source of the challenged criminal history record information to verify the information.
(e) Within 90 days after receiving notice of the challenge, the Central Repository shall notify the person challenging the criminal history record information in writing of the audit results and its decision.
(f) If the challenge is denied as a whole or in part, the notice required under subsection (e) of this section shall inform the person of the right to appeal the decision.
(g) If the challenge is denied as a whole or in part, the Central Repository shall send written notice of this decision to each criminal justice unit that was sent a copy of the challenge.
Structure Maryland Statutes
Subtitle 2 - Criminal Justice Information System
Part III - Criminal Justice Information System Central Repository
Section 10-213 - Establishment, Administration, Status, and Duties
Section 10-214 - Reporting Data to Central Repository
Section 10-215 - Reportable Events
Section 10-216 - Fingerprinting
Section 10-217 - Agreements Between Central Repository and Criminal Justice Units
Section 10-218 - Procedures for Sharing Criminal History Record Information
Section 10-219 - Disseminating Criminal History Record Information -- in General
Section 10-220 - Maintaining and Disseminating of Criminal History Record Information About Children
Section 10-221 - Regulations and Rules
Section 10-222 - Inspection of Criminal History Record Information
Section 10-223 - Challenge of Criminal History Record Information
Section 10-224 - Correction of Criminal History Record Information
Section 10-227 - Appeal Rights
Section 10-228 - Prohibited Act; Penalty
Section 10-229 - Inclusion of Sex Offender Status on "Rap" Sheet