§ 12.5-204. Criminal history records background checks

   (a) "Central Repository" defined. -- In this section, "Central Repository" means the Criminal Justice Information System Central Repository of the Department of Public Safety and Correctional Services.

(b) National and State criminal history records check. --

   (1) The owner of a business that is an applicant for a license under § 12.5-202 of this subtitle and an individual whose name is required to be submitted to the Secretary under § 12.5-203 of this subtitle shall apply to the Central Repository for a national and State criminal history records check on a form approved by the Director of the Central Repository.

   (2) As a part of an application to the Central Repository for a national and State criminal history records check, the owner of a business that is an applicant and an individual whose name is required to be submitted to the Secretary under § 12.5-203 of this subtitle shall submit to the Central Repository:

      (i) two complete sets of legible fingerprints taken on forms approved by the Director of the Central Repository and the Director of the Federal Bureau of Investigation;

      (ii) the fee authorized under § 10-221(b)(7) of the Criminal Procedure Article for access to the State criminal history records; and

      (iii) the mandatory processing fee required by the Federal Bureau of Investigation for a national criminal history records check.

(c) Payment of costs. -- A licensee or applicant may pay for the costs borne by the employee or other individual requiring a criminal history records check under subsection (b) of this section.

(d) Criminal records provided by Central Repository. -- The Central Repository shall provide to the Secretary:

   (1) the national and State criminal history records of each individual requiring a criminal history records check under subsection (b) of this section and issue a printed statement listing any convictions and pleas of guilty or nolo contendere to any criminal charge;

   (2) an update of the initial criminal history records check for an individual requiring a criminal history records check and issue a revised printed statement listing any convictions and pleas of guilty or nolo contendere to any criminal charge occurring in the State after the date of the initial criminal history records check; and

   (3) an acknowledged receipt of the application for a criminal history records check by an individual requiring a criminal history records check.

(e) Confidentiality. --

   (1) Information obtained by the Secretary from the Central Repository under this section:

      (i) is confidential;

      (ii) may not be redisseminated; and

      (iii) may be used only for the license purpose authorized by this title.

   (2) Paragraph (1) of this subsection does not preclude the Secretary from notifying a licensee or an applicant of the approval or disqualification of the employee for employment based on information obtained by the Secretary under this section.

(f) Contest of printed statement. -- The subject of a criminal history records check under this section may contest the contents of the printed statement issued by the Central Repository as provided in § 10-223 of the Criminal Procedure Article.

(g) Verification of employment and licensure. -- The Secretary shall verify periodically the continued employment or licensure of individuals requiring criminal history records checks in accordance with regulations adopted by the Secretary of Public Safety and Correctional Services.

HISTORY: 2009, chs. 551, 552.