12 NCAC 03B .0502. FEES FOR BACKGROUND INVESTIGATIONS

(a)  The SBI charges a fee for performing certain background investigations considered to be for any purpose other than the administration of criminal justice.  "Administration of criminal justice" means the performance of any of the following activities:  the detection, apprehension, detention, pre‑trial release, post‑trial release, prosecution, adjudication, correctional supervision, or rehabilitation of persons suspected of, accused of or convicted of a criminal offense.  The term also includes screening for suitability for employment, appointment or retention of a person as a Law Enforcement or Criminal Justice officer, or as an Officer of the Court.

(b)  The North Carolina Attorney General's Office shall be responsible for determining what persons or agencies are entitled, by law, to receive criminal history record information from the SBI Identification Section and render this determination prior to the Identification Section accepting authorized non‑criminal justice persons or agencies under the fee service program.

(c)  When a person or agency receives authorization to utilize the services of the Identification Section, said person or agency shall enter into a "Criminal History Record Information User's Agreement" with the Director and the Supervisor of the Identification Section.

(d)  The cost for processing a non‑criminal justice background investigation is eight dollars and twenty‑five cents ($8.25) per each individual investigated.  This figure represents the estimated cost of locating, editing, researching and retrieving information.

(e)  Fees are payable to the North Carolina State Bureau of Investigation.

(f)  Each request from an authorized person or agency of a non‑criminal justice purpose shall be in the form of a completely filled out fingerprint card or cards, which includes a full set of legible, classifiable fingerprints of the record subject or in the form of a photostatic copy of applicant's application revealing applicant's name, sex, date of birth and any other available data.

(g)  Criminal History Record Information located and disseminated to the requesting person or agency will consist of and be limited to arrest data which includes a final disposition to the arrest.  Additionally, arrest data without a disposition will be disseminated if an interval of one year, from the date of the arrest, has not elapsed which would lead officials of the Identification Section to reasonably believe that the arrest in question is still in the judicial process.

(h)  The recipient may use the criminal history information for the purposes set forth in the user's agreement.  Any other use of the criminal history is strictly prohibited.  When, at any time, the Director of the State Bureau of Investigation or his assistants has any reason to believe that the recipient has violated any provision of the user's agreement, any rule, regulation or policy, he shall immediately cease to furnish information.

 

History Note:        Authority G.S. 114‑19.1;

Eff. November 1, 1984.