Background Check Records

Background checks done under this chapter become the property of the Department and are held confidential. (3-28-23) 01. Release of Background Check Records. A copy of the background check as defined in Section 010 of these rules will be released: (3-28-23) a. To the individual who has requested the background check and upon receipt of a written request to the Department, provided the individual releases the state from all liability; (3-28-23) b. In response to a subpoena issued by a court of competent jurisdiction; or (3-28-23) c. As otherwise required by law. (3-28-23) IDAHO ADMINISTRATIVE CODE IDAPA 16.05.06 Department of Health and Welfare Criminal History & Background Checks Section 300 Page 18 02. Department Retention of Records. The Department will preserve all applicant background check records for six (6) years. (3-28-23) 03. Use and Dissemination Restrictions for FBI Criminal Identification Records. According to 28 CFR 50.12, the Department will: (3-28-23) a. Notify the individual fingerprinted that the fingerprints will be used to check the criminal history records of the FBI; (3-28-23) b. In determining the suitability for licensing or employment, provide the individual the opportunity to complete or challenge the accuracy of the information contained in the FBI identification record; (3-28-23) c. Notify the individual that they have fifteen (15) days to correct or complete the FBI identification record or to decline to do so; and (3-28-23) d. Advise the individual who wishes to correct the FBI identification record that procedures for changing, correcting, or updating are provided in 28 CFR 16.34. (3-28-23) 301. -- 999. (RESERVED)