§ 19-302.2. Criminal history records check.

   (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) Application. -- As part of an application to the Central Repository for a State and national criminal history records check, an applicant shall submit to the Central Repository:

   (1) A complete set of legible fingerprints taken on forms approved by the Director of the Central Repository and the Director of the Federal Bureau of Investigation;

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

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

(c) Central Repository to forward information. -- In accordance with § 10-201 through 10-228 of the Criminal Procedure Article, the Central Repository shall forward to the Board and to the applicant the criminal history record information of the applicant.

(d) Alternate method where attempts to get legible fingerprints unsuccessful. -- If an applicant has made two or more unsuccessful attempts at securing legible fingerprints, the Board may accept an alternate method of criminal history records check as permitted by the Director of the Central Repository and the Director of the Federal Bureau of Investigation.

(e) Confidentiality; use of information. --

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

      (i) Is confidential and may not be redisseminated; and

      (ii) May be used only for the licensing purpose authorized by this title.

   (2) In using information obtained from the Central Repository under this section to determine whether to issue a license, the Board shall consider:

      (i) The age at which the crime was committed;

      (ii) The circumstances surrounding the crime;

      (iii) The length of time that has passed since the crime was committed;

      (iv) Subsequent work history;

      (v) Employment and character references; and

      (vi) Other evidence that demonstrates whether the applicant poses a threat to the public health or safety.

(f) Contesting information. -- 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.

HISTORY: 2013, ch. 391.