692.2 Dissemination of criminal history data — fees. 1. The department may provide copies or communicate information from criminal history data to the following: a. Criminal or juvenile justice agencies.b. A person or public or private agency, upon written application on a form approved by the commissioner of public safety and provided by the department to law enforcementagencies, subject to the following restrictions: (1) A request for criminal history data must be submitted in writing by mail or as otherwise provided by rule. However, the department shall accept a request presented in person if it isfrom an individual or an individual’s attorney and requests the individual’s personal criminalhistory data. (2) The request must identify a specific person by name and date of birth. Fingerprints of the person named may be required. (3) Criminal history data that does not contain any disposition data after eighteen months from the date of arrest may only be disseminated by the department to criminal or juvenilejustice agencies, to the person who is the subject of the criminal history data or the person’sattorney, or to a person requesting the criminal history data with a signed tment to criminal or juvenilejustice agencies, to the person who is the subject of the criminal history data or the person’sattorney, or to a person requesting the criminal history data with a signed release from theperson who is the subject of the criminal history data authorizing the requesting personaccess to criminal history data. (4) Upon receipt of official notification of the successful completion of probation following a deferred judgment, criminal history data regarding the person who successfully completedthe probation shall only be disseminated by the department to a criminal or juvenile justiceagency, to the person who is the subject of the criminal history data or the person’s attorney,or to another person with a signed release from the person who is the subject of the criminalhistory data authorizing the requesting person access to the criminal history data. (5) Any release of criminal history data by the department shall prominently display the statement: An arrest without disposition is not an indication of guilt. (6) Records of acquittals or dismissals by reason of insanity and records of adjudications of mental incompetence to stand trial in cases in which t without disposition is not an indication of guilt. (6) Records of acquittals or dismissals by reason of insanity and records of adjudications of mental incompetence to stand trial in cases in which physical or mental injury or an attemptto commit physical or mental injury to another was alleged shall not be disseminated topersons or agencies other than criminal or juvenile justice agencies or persons employed inor by those agencies. (7) Absent an order determining official juvenile court records to be public records entered pursuant to section 232.149B, adjudication and custody data that are deemed orordered to be confidential pursuant to section 232.147, 232.149, or 232.149A, or that aresealed by court order pursuant to section 232.150, shall not be provided by the department,except as necessary for the purpose of administering chapter 692A. 2. Requests for criminal history data from criminal or juvenile justice agencies shall take precedence over all other requests. 3. A person who requests criminal history data shall not be liable for damages to the person whose criminal history data is requested for actions the person requesting theinformation may reasonably take in reliance requests criminal history data shall not be liable for damages to the person whose criminal history data is requested for actions the person requesting theinformation may reasonably take in reliance on the accuracy and completeness of thecriminal history data received from the department if all of the following are true: a. The person requesting the criminal history data in good faith believes the criminal history data to be accurate and complete. b. The person requesting the criminal history data has complied with the requirements of this chapter. c. The identifying information submitted to the department by the person requesting the criminal history data is accurate regarding the person whose criminal history data is sought. 4. Unless otherwise provided by law, access under this section to criminal history data by a person or public or private agency does not create a duty upon a person, or employer,member, or volunteer of a public or private agency to examine the criminal history data of anapplicant, employee, or volunteer. Sat Dec 23 12:26:38 2023 Iowa Code 2024, Section 692.2 (20, 0) §692.2, CRIMINAL HISTORY AND INTELLIGENCE DATA 2 5. agency to examine the criminal history data of anapplicant, employee, or volunteer. Sat Dec 23 12:26:38 2023 Iowa Code 2024, Section 692.2 (20, 0) §692.2, CRIMINAL HISTORY AND INTELLIGENCE DATA 2 5. A person other than the department of public safety shall not disseminate criminal history data maintained by the department to persons who are not criminal or juvenile justiceagencies. 6. a. The department may charge a fee to any nonlaw-enforcement person or agency to conduct criminal history data checks. Notwithstanding any other limitation, the departmentmay use revenues generated from the fee to administer this section and other sections of theCode providing access to criminal history data and to employ personnel to process criminalhistory data checks. b. However, the fee for conducting a criminal history data check for a person seeking release of a certified copy of the person’s own criminal history data to a potential employer,if that employer requests the release in writing, shall not be paid by the person but shall bepaid by the employer. [C75, 77, §749B.2; C79, 81, §692.2; 82 Acts, ch 1120, §1]83 Acts, ch 96, §157, 159; 83 Acts, ch 113, §2, 3; 84 Acts, ch 1061, §1; 84 Acts, not be paid by the person but shall bepaid by the employer. [C75, 77, §749B.2; C79, 81, §692.2; 82 Acts, ch 1120, §1]83 Acts, ch 96, §157, 159; 83 Acts, ch 113, §2, 3; 84 Acts, ch 1061, §1; 84 Acts, ch 1265, §6; 85 Acts, ch 33, §124; 86 Acts, ch 1245, §1605, 1606; 87 Acts, ch 59, §1; 88 Acts, ch 1249, §19;88 Acts, ch 1252, §3; 89 Acts, ch 10, §1, 2; 89 Acts, ch 283, §32; 90 Acts, ch 1248, §3; 90 Acts,ch 1249, §19; 91 Acts, ch 138, §9; 93 Acts, ch 53, §8; 93 Acts, ch 115, §4; 94 Acts, ch 1130, §16,17; 95 Acts, ch 191, §32 – 34; 96 Acts, ch 1150, §3, 4; 98 Acts, ch 1021, §1; 2013 Acts, ch 30,§261; 2018 Acts, ch 1153, §12 Referred to in §123.46, 123.47, 155A.40, 523A.501, 523A.502, 543D.22, 543E.20, 692.2A, 692.3, 692.20, 725.1, 901C.3 Sat Dec 23 12:26:38 2023 Iowa Code 2024, Section 692.2 (20, 0)
Iowa Legal Code