§ 692.5

692.5 Right to access and challenge — judicial review. 1. Any person or the person’s attorney shall have the right to examine and obtain a copy of criminal history data filed with the department that refers to the person. The person orperson’s attorney may provide the person’s fingerprint identification to the department ona form and in a manner prescribed by the department. The department shall not copy thefingerprint identification and shall return or destroy the identification after the copy of thecriminal history data is made. The department may prescribe reasonable hours and placesof examination. 2. A person who files with the division a written statement to the effect that information contained in the criminal history data is nonfactual, or that information contained in thecriminal history data is not authorized by law to be kept, and requests a correction orelimination of the information that refers to the person shall be notified within twenty daysby the division, in writing, of the division’s decision or order regarding the correction orelimination. Judicial review of the actions of the division may be sought in accordancewith the terms of the Iowa administrative

riting, of the division’s decision or order regarding the correction orelimination. Judicial review of the actions of the division may be sought in accordancewith the terms of the Iowa administrative procedure Act, chapter 17A. Immediately uponthe filing of the petition for judicial review the court shall order the division to file with thecourt a certified copy of the criminal history data and in no other situation shall the divisionfurnish an individual or the individual’s attorney with a certified copy, except as providedby this chapter. 3. Upon the request of the petitioner, the record and evidence in a judicial review proceeding shall be closed to all but the court and its officers, and access thereto shall berefused unless otherwise ordered by the court. The clerk shall maintain a separate docketfor such actions. A person, other than the petitioner, shall not permit a copy of any of thetestimony or pleadings or the substance thereof to be made available to any person otherthan a party to the action or the party’s attorney. Violation of this section shall be a publicoffense, punishable under section 692.7.

r the substance thereof to be made available to any person otherthan a party to the action or the party’s attorney. Violation of this section shall be a publicoffense, punishable under section 692.7. The provisions of this section shall be the sole rightof action against the department, its subdivisions, or employees regarding improper storageor release of criminal history data. 4. Whenever the division corrects or eliminates criminal history data as requested or as ordered by the court, the division shall advise the federal bureau of investigation, if applicable,to correct its files. [C75, 77, §749B.5; C79, 81, §692.5]93 Acts, ch 115, §5; 96 Acts, ch 1150, §5; 2003 Acts, ch 44, §114; 2006 Acts, ch 1034, §2; 2014 Acts, ch 1026, §133; 2016 Acts, ch 1053, §1 Referred to in §602.8102(124) Sat Dec 23 12:26:40 2023 Iowa Code 2024, Section 692.5 (19, 0)