Oklahoma § 74-150.9 - System of criminal history records - Fees for records or

§ 74-150.9. System of criminal history records - Fees for records or

fingerprint analysis - Identification files on juveniles Penalties.

Oklahoma Statutes - Title 74. State Government

A. The Oklahoma State Bureau of Investigation shall procure,

file and maintain criminal history records for each person subject

to mandatory reporting as provided by law, including photographs,

descriptions, fingerprints, measurements and other pertinent

information relating to such persons. It shall be the duty of law

enforcement officers and agencies, sheriffs, police, courts,

judicial officials, district attorneys, and the persons in charge of

any state correctional facility or institution to furnish criminal

history records to the Bureau as required by Section 150.1 et seq.

of this title. The Oklahoma State Bureau of Investigation shall

cooperate with and assist the sheriffs, chiefs of police and other

law enforcement officers of the state by maintaining a complete

criminal history record on each person subject to mandatory

reporting as provided by law, and shall have on file the fingerprint

impressions of all such persons together with other pertinent

information as may from time to time be received from the law

enforcement officers of this and other states or as may be required

by law.

B. 1. The Oklahoma State Bureau of Investigation is authorized

to conduct and receive results of national criminal history record

checks for authorized purposes pursuant to Public Law 92-544, the

National Child Protection Act/Volunteers for Children Act (NCPA/VCA)

as amended, with or without a Volunteer and Employee Criminal

History System (VECHS) waiver program or any other federal

authorizing statute. The Oklahoma State Bureau of Investigation

shall only release the results of national criminal history record

checks to entities authorized to receive the results pursuant to

federal law.

2. Any state agency, board, department or commission or any

other person or entity authorized to request a criminal history

record or an analysis of fingerprints for commercial, licensing or

other purposes, except law enforcement purposes, shall conduct a

national criminal history records check on all persons of the entity

authorized to access or review national criminal history records

checks information by July 1, 2009, and within sixty (60) days

thereafter.

3. Each agency, person or entity authorized to request a

criminal history record or an analysis of fingerprints shall pay a

fee to the Bureau for each criminal history record or fingerprint

analysis as follows:

Oklahoma criminal history record only

$15.00 each

Oklahoma criminal history record with

fingerprint analysis

$19.00 each

National criminal history record with

fingerprint analysis

$41.00 each

4. For purposes of this section, "a national criminal history

record check" means a check of criminal history records entailing

Oklahoma Statutes - Title 74. State Government

the fingerprinting of the individual and submission of the

fingerprints to the United States Federal Bureau of Investigation

(FBI) for the purpose of obtaining the national criminal history

record of the person from the FBI. A national criminal history

record check may be obtained only when a check is authorized or

required by state or federal law.

Agencies authorized by statute to conduct national criminal

history background checks for individuals are eligible to

participate in the Federal Rap Back Program administered by the

Oklahoma State Bureau of Investigation. The Oklahoma State Bureau

of Investigation is authorized to submit fingerprints to the FBI Rap

Back System to be retained in the FBI Rap Back System for the

purpose of being searched by future submissions to the FBI Rap Back

System, including latent fingerprint searches and to collect all

Federal Rap Back Program fees from eligible agencies wishing to

participate and remit such fees to the Federal Bureau of

Investigation.

5. Unless a national criminal history record is specifically

requested, a fingerprint analysis shall be limited to only those

records available at the Oklahoma State Bureau of Investigation.

Following receipt of the appropriate fee, the Bureau shall provide,

as soon as possible, the criminal history record requested;

provided, however, it shall be the duty and responsibility of the

requesting authority to evaluate the criminal history record as such

record may apply to a specific purpose or intent. An individual may

submit a certified court record showing that a charge was dismissed

or a certified copy of a gubernatorial pardon to the Oklahoma State

Bureau of Investigation, and upon verification of that record the

Bureau records shall reflect the dismissal of that charge.

C. The Oklahoma State Bureau of Investigation may maintain an

identification file, including fingerprint impressions, on any

person under eighteen (18) years of age who is arrested or subject

to criminal or juvenile delinquency proceedings, provided all such

information shall be confidential and shall only be made available

to the Bureau and other law enforcement agencies. Whenever a

fingerprint impression or other identification information is

submitted to the Bureau on a person under eighteen (18) years of

age, the Bureau may retain and file such fingerprint and

identification information for identification purposes only. The

Bureau shall ensure that the information received and maintained for

identification purposes on persons under eighteen (18) years of age

shall be handled and processed with great care to keep such

information confidential from the general public. The Bureau may

receive and maintain the fingerprints and other identification

information on any person under eighteen (18) years of age believed

to be the subject of a runaway, missing, or abduction investigation,

Oklahoma Statutes - Title 74. State Government

for identification purposes at the request of a parent, guardian or

legal custodian of the person.

D. Any person who knowingly procures, utters, or offers any

false, forged or materially altered criminal history record shall be

guilty of a Class D1 felony offense and upon conviction shall be

punished by imprisonment as provided for in subsections B through F

of Section 20N of Title 21 of the Oklahoma Statutes, or by a fine

not to exceed Five Thousand Dollars ($5,000.00), or by both such

fine and imprisonment.

Added by Laws 1976, c. 259, § 9, operative July 1, 1976. Amended by

Laws 1986, c. 201, § 11, operative July 1, 1986; Laws 1990, c. 186,

§ 2, eff. Sept. 1, 1990; Laws 1990, c. 258, § 49, operative July 1,

1990; Laws 1994, c. 259, § 2, eff. Sept. 1, 1994; Laws 2000, c. 258,

§ 1, eff. July 1, 2000; Laws 2001, c. 261, § 2, eff. July 1, 2001;

Laws 2003, c. 204, § 11, eff. Nov. 1, 2003; Laws 2008, c. 107, § 1,

eff. July 1, 2008; Laws 2015, c. 80, § 1, eff. Nov. 1, 2015; Laws

2017, c. 156, § 1, eff. Nov. 1, 2017; Laws 2019, c. 182, § 1, eff.

July 1, 2019; Laws 2025, c. 486, § 583, eff. Jan. 1, 2026.

§74-150.9.1. Authority to require criminal record searches and

fingerprints of agency employees and contractors.

The Oklahoma Tax Commission, Oklahoma Department of Human

Services and Oklahoma Employment Security Commission shall be

authorized to require agency employees and the employees of agency

contractors in positions that have access to Federal Tax Information

and data to supply all information and documentation required in

order to be subjected to a criminal history search by the Oklahoma

State Bureau of Investigation, as well as be fingerprinted for

submission of the fingerprints through the Oklahoma State Bureau of

Investigation to the Federal Bureau of Investigation for a national

criminal history check. The submitting agency shall be the

recipient of the results of the record check. In accordance with

Section 150.9 of this title, this includes a national criminal

record with a fingerprint analysis.

Added by Laws 2017, c. 359, § 1, eff. Nov. 1, 2017. Amended by Laws

2019, c. 242, § 1, eff. Nov. 1, 2019.

§74-150.9.2. Requests for state and national criminal history

record check for child abuse crimes.

A. For purposes of this section, the following terms are

defined as follows:

1. “Authorized agency” means the agency designated by statute

to report, receive, or disseminate a state or national criminal

history record check;

2. “Child” means a person who is a under the age of eighteen

(18) years;

Oklahoma Statutes - Title 74. State Government

3. “Care” means the provision of care, treatment, education,

training, instruction, supervision, or recreation to children, the

elderly, or individuals with disabilities;

4. “Covered individual” means a person who:

a.

has, seeks to have, or may have access to children,

the elderly, or individuals with disabilities, served

by a qualified entity, and

b.

(1) is employed by or volunteers with, or seeks to be

employed by or volunteer with, a qualified

entity, or

(2) owns or operates, or seeks to own or operate, a

qualified entity;

5. “Employed by” means to be paid to provide or seek to provide

care services for a qualified entity, regardless of being paid

directly by the qualified entity or by an entity contracted by the

qualified entity to provide care;

6. “Individuals with disabilities” means persons with a mental

or physical impairment who require assistance to perform one or more

daily living tasks;

7. “National criminal history record check system” means the

criminal history record system maintained by the Federal Bureau of

Investigation (FBI) based on fingerprint identification or any other

method of positive identification; and

8. “Qualified entity” means a business or organization whether

public, private, for-profit, not-for-profit, or voluntary, that

provides care or care placement services, including a business or

organization that licenses or certifies others to provide care or

care placement services.

B. The Director of the Oklahoma State Bureau of Investigation

(OSBI) shall develop procedures in accordance with the federal

National Child Protection Act of 1993 and the federal Volunteers for

Children Act to enable a qualified entity to request a state and

national criminal history record check to determine whether a

covered individual is the subject of any child abuse crime.

C. The request for a state and national criminal history record

check shall be made by:

1. Electronically submitting the fingerprints of the covered

individual to the OSBI as directed by the authorized agency; and

2. Submitting to the authorized agency a copy of a statement

signed by the covered individual that includes:

a.

a waiver permitting the qualified entity to request

and receive a criminal history record check for the

purpose of determining the qualification and fitness

of a person to serve as a covered individual,

b.

the name, address, and date of birth of the covered

individual as it appears on a valid identification

document,

Oklahoma Statutes - Title 74. State Government

c.

a disclosure of whether the individual has ever been

convicted of or is the subject of pending charges for

a criminal offense and, if convicted, a description of

the crime and the result of the conviction, and

d.

a notice to the individual that he or she is entitled

to obtain a copy of the criminal history record check

to verify the accuracy and completeness of any

information contained in such report before a

determination is made by the qualified entity.

D. An authorized agency shall require a qualified entity to

obtain fingerprints from a covered individual and to submit the

fingerprints to the OSBI and the FBI for a state and national

criminal history record check. The OSBI shall use the fingerprints

to identify the individual and to determine whether he or she has a

record of criminal history in this state or other jurisdictions or

countries. The OSBI will provide results of the criminal history

record check to the authorized agency. The authorized agency may

use the information obtained from the fingerprints and such state

and national criminal history record checks in the official

determination of the qualifications and fitness of the person to

serve as a covered individual.

E. The authorized agency shall be solely responsible for making

any determination that a criminal history record of a person shows

that such person has been convicted of a crime that bears upon the

fitness of such person to serve as a provider. This section does

not require the OSBI to make such a determination on behalf of any

authorized agency.

F. This section shall only apply to covered individuals and

qualified entities as defined in this section. This section shall

not be construed to replace, supersede, or in any way affect any

state law that requires a national criminal history record check,

prescribes procedures for a national criminal history record check

required by state law, or precludes an individual from employment

based on the results of a national criminal history record check

required by state law.

Added by Laws 2024, c. 40, § 1, eff. Nov. 1, 2024.

§74-150.9a. Oklahoma Crime Prevention and Privacy Compact Act –

Legislative findings – Definitions – Effect on other statutes.

A. This section shall be known and may be cited as the

"Oklahoma Crime Prevention and Privacy Compact Act".

B. The State of Oklahoma finds that:

1. Both the Federal Bureau of Investigation and state criminal

history record repositories maintain fingerprint-based criminal

history records;

Oklahoma Statutes - Title 74. State Government

2. These criminal history records are shared and exchanged for

criminal justice purposes through a federal-state program known as

the Interstate Identification Index System;

3. Although these records are also exchanged for legally

authorized, noncriminal justice uses, such as governmental licensing

and employment background checks, the purposes for and procedures by

which they are exchanged vary widely from state to state;

4. An interstate and federal-state compact is necessary to

facilitate authorized interstate criminal history record exchanges

for noncriminal justice purposes on a uniform basis, while

permitting each state to effectuate its own dissemination policy

within its own borders; and

5. The Compact will allow federal and state records to be

provided expeditiously to governmental and nongovernmental agencies

that use these records in accordance with pertinent federal and

state law, while simultaneously enhancing the accuracy of the

records and safeguarding the information contained therein from

unauthorized disclosure or use.

C. As used in this section:

1. “Attorney General” means the Attorney General of the United

States;

2. “Compact” means the National Crime Prevention and Privacy

Compact set forth in sections of this act;

3. “Council” means the Compact Council established under

Article VI of the Compact;

4. “FBI” means the Federal Bureau of Investigation;

5. “Party state” means a state that has ratified the Compact;

and

6. “State” means any state, territory, or possession of the

United States, the District of Columbia, and the Commonwealth of

Puerto Rico.

D. This section shall have the following effect on other

statutes:

1. Privacy Act of 1974. Nothing in this section or the Compact

shall affect the obligations and responsibilities of the FBI under

Section 552a of Title 5, United States Code (commonly known as the

Privacy Act of 1974);

2. Access to certain records not affected. Nothing in this

section or the Compact shall interfere in any manner with:

a.

access, direct or otherwise, to records pursuant to:

(1) Section 9109 of Title 5, United States Code,

(2) the National Child Protection Act,

(3) the Brady Handgun Violence Prevention Act (Public

Law 103-159; 107 Stat. 1536),

(4) the Violent Crime Control and Law Enforcement Act

of 1994 (Public Law 103-322; 108 Stat. 2074) or

any amendment made by that act,

Oklahoma Statutes - Title 74. State Government

(5)

the United States Housing Act of 1937 (42 U.S.C.

1437 et seq.), or

(6) the Native American Housing Assistance and SelfDetermination Act of 1996 (25 U.S.C. 4101 et

seq.), or

b.

any direct access to federal criminal history records

authorized by law;

3. Authority of FBI Under Departments of State, Justice, and

Commerce, the Judiciary, and Related Agencies Appropriation Act,

1973. Nothing in this section or the Compact shall be construed to

affect the authority of the FBI under the Departments of State,

Justice, and Commerce, the Judiciary, and Related Agencies

Appropriation Act, 1973 (Public Law 92-544; 86 Stat. 1115);

4. Federal Advisory Committee Act. The Council shall not be

considered to be a federal advisory committee for purposes of the

Federal Advisory Committee Act (5 U.S.C. App.); and

5. Members of Council Not Federal Officers or Employees.

Members of the Council (other than a member from the FBI or any atlarge member who may be a federal official or employee) shall not,

by virtue of such membership, be deemed:

a.

to be, for any purpose other than to effect the

Compact, officers or employees of the United States

(as defined in Sections 2104 and 2105 of Title 5,

United States Code), or

b.

to become entitled by reason of Council membership to

any compensation or benefit payable or made available

by the federal government to its officers or

employees.

Added by Laws 2001, c. 261, § 3, eff. July 1, 2001.

§74-150.9b. National Crime Prevention and Privacy Compact.

The following National Crime Prevention and Privacy Compact is

hereby ratified, enacted, entered into and given force of law by the

State of Oklahoma:

NATIONAL CRIME PREVENTION AND PRIVACY COMPACT

Overview

ARTICLE I—DEFINITIONS

ARTICLE II—PURPOSES

ARTICLE III—RESPONSIBILITIES OF COMPACT PARTIES

ARTICLE IV—AUTHORIZED RECORD DISCLOSURES

ARTICLE V—RECORD REQUEST PROCEDURES

ARTICLE VI—ESTABLISHMENT OF COMPACT COUNCIL

ARTICLE VII—RATIFICATION OF COMPACT

ARTICLE VIII—MISCELLANEOUS PROVISIONS

ARTICLE IX—RENUNCIATION

ARTICLE X—SEVERABILITY

ARTICLE XI—ADJUDICATION OF DISPUTES

Oklahoma Statutes - Title 74. State Government

The Contracting parties agree to the following:

Overview

a. In General.—This Compact organizes an electronic information

sharing system among the Federal Government and the States to

exchange criminal history records for noncriminal justice purposes

authorized by Federal or State law, such as background checks for

governmental licensing and employment.

b. Obligations of Parties.—Under this Compact, the FBI and the

Party States agree to maintain detailed databases of their

respective criminal history records, including arrests and

dispositions, and to make them available to the Federal Government

and to Party States for authorized purposes. The FBI shall also

manage the Federal data facilities that provide a significant part

of the infrastructure for the system.

ARTICLE I—DEFINITIONS

In this Compact:

1. Attorney General.—The term “Attorney General” means the

Attorney General of the United States.

2. Compact officer.—The term “Compact officer” means—

A.

with respect to the Federal Government, an official so

designated by the Director of the FBI; and

B.

with respect to a Party State, the chief administrator

of the State’s criminal history record repository or a

designee of the chief administrator who is a regular

full-time employee of the repository.

3. Council.—The term “Council” means the Compact Council

established under Article VI.

4. Criminal history records.—The term “criminal history

records”—

A.

means information collected by criminal justice

agencies on individuals consisting of identifiable

descriptions and notations of arrests, detentions,

indictments, or other formal criminal charges, and any

disposition arising therefrom, including acquittal,

sentencing, correctional supervision, or release; and

B.

does not include identification information such as

fingerprint records if such information does not

indicate involvement of the individual with the

criminal justice system.

5. Criminal history record repository.—The term “criminal

history record repository” means the State agency designated by the

Governor or other appropriate executive official or the legislature

of a State to perform centralized recordkeeping functions for

criminal history records and services in the State.

6. Criminal justice.—The term “criminal justice” includes

activities relating to the detection, apprehension, detention,

pretrial release, post-trial release, prosecution, adjudication,

Oklahoma Statutes - Title 74. State Government

correctional supervision, or rehabilitation of accused persons or

criminal offenders. The administration of criminal justice includes

criminal identification activities and the collection, storage, and

dissemination of criminal history records.

7. Criminal justice agency.—The term “criminal justice agency”—

A.

means—

i.

courts; and

ii. a governmental agency or any subunit thereof

that—

I.

performs the administration of criminal

justice pursuant to a statute or Executive

order; and

II. allocates a substantial part of its annual

budget to the administration of criminal

justice; and

B.

includes Federal and State inspectors general offices.

8. Criminal justice services.—The term “criminal justice

services” means services provided by the FBI to criminal justice

agencies in response to a request for information about a particular

individual or as an update to information previously provided for

criminal justice purposes.

9. Criterion offense.—The term “criterion offense” means any

felony or misdemeanor offense not included on the list of nonserious

offenses published periodically by the FBI.

10. Direct access.—The term “direct access” means access to the

National Identification Index by computer terminal or other

automated means not requiring the assistance of or intervention by

any other party or agency.

11. Executive order.—The term “Executive order” means an order

of the President of the United States or the chief executive officer

of a State that has the force of law and that is promulgated in

accordance with applicable law.

12. FBI.—The term “FBI” means the Federal Bureau of

Investigation.

13. Interstate identification system.—The term “Interstate

Identification Index System” or “III System”—

A.

means the cooperative Federal-State system for the

exchange of criminal history records; and

B.

includes the National Identification Index, the

National Fingerprint File and, to the extent of their

participation in such system, the criminal history

record repositories of the States and the FBI.

14. National fingerprint file.—The term “National Fingerprint

File” means a database of fingerprints, or other uniquely personal

identifying information, relating to an arrested or charged

individual maintained by the FBI to provide positive identification

of record subjects indexed in the III System.

Oklahoma Statutes - Title 74. State Government

15. National identification index.—The term “National

Identification Index” means an index maintained by the FBI

consisting of names, identifying numbers, and other descriptive

information relating to record subjects about whom there are

criminal history records in the III System.

16. National indices.—The term “National indices” means the

National Identification Index and the National Fingerprint File.

17. Nonparty state.—The term “Nonparty State” means a State

that has not ratified this Compact.

18. Noncriminal justice purposes.—The term “noncriminal justice

purposes” means uses of criminal history records for purposes

authorized by Federal or State law other than purposes relating to

criminal justice activities, including employment suitability,

licensing determinations, immigration and naturalization matters,

and national security clearances.

19. Party state.—The term “Party State” means a State that has

ratified this Compact.

20. Positive identification.—The term “positive identification”

means a determination, based upon a comparison of fingerprints or

other equally reliable biometric identification techniques, that the

subject of a record search is the same person as the subject of a

criminal history record or records indexed in the III System.

Identifications based solely upon a comparison of subjects’ names or

other nonunique identification characteristics or numbers, or

combinations thereof, shall not constitute positive identification.

21. Sealed record information.—The term “sealed record

information” means—

A.

with respect to adults, that portion of a record that

is—

i.

not available for criminal justice uses;

ii. not supported by fingerprints or other accepted

means of positive identification; or

iii. subject to restrictions on dissemination for

noncriminal justice purposes pursuant to a court

order related to a particular subject or pursuant

to a Federal or State statute that requires

action on a sealing petition filed by a

particular record subject; and

B.

with respect to juveniles, whatever each State

determines is a sealed record under its own law and

procedure.

22. State.—The term “State” means any State, territory, or

possession of the United States, the District of Columbia, and the

Commonwealth of Puerto Rico.

ARTICLE II—PURPOSES

The purposes of this Compact are to—

Oklahoma Statutes - Title 74. State Government

1. Provide a legal framework for the establishment of a

cooperative Federal-State system for the interstate and FederalState exchange of criminal history records for noncriminal justice

uses;

2. Require the FBI to permit use of the National Identification

Index and the National Fingerprint File by each Party State, and to

provide, in a timely fashion, Federal and State criminal history

records to requesting States, in accordance with the terms of this

Compact and with rules, procedures, and standards established by the

Council under Article VI;

3. Require Party States to provide information and records for

the National Identification Index and the National Fingerprint File

and to provide criminal history records, in a timely fashion, to

criminal history record repositories of other States and the Federal

Government for noncriminal justice purposes, in accordance with the

terms of this Compact and with rules, procedures, and standards

established by the Council under Article VI;

4. Provide for the establishment of a Council to monitor III

System operations and to prescribe system rules and procedures for

the effective and proper operation of the III System for noncriminal

justice purposes; and

5. Require the FBI and each Party State to adhere to III System

standards concerning record dissemination and use, response times,

system security, data quality, and other duly established standards,

including those that enhance the accuracy and privacy of such

records.

ARTICLE III—RESPONSIBILITIES OF COMPACT PARTIES

a. FBI Responsibilities.—The Director of the FBI shall—

1. appoint an FBI Compact officer who shall—

A.

administer this Compact within the Department of

Justice and among Federal agencies and other agencies

and organizations that submit search requests to the

FBI pursuant to Article V(c);

B.

ensure that Compact provisions and rules, procedures,

and standards prescribed by the Council under Article

VI are complied with by the Department of Justice and

the Federal agencies and other agencies and

organizations referred to in Article III(1)(A); and

C.

regulate the use of records received by means of the

III System from Party States when such records are

supplied by the FBI directly to other Federal

agencies;

2. provide to Federal agencies and to State criminal history

record repositories, criminal history records maintained in its

database for the noncriminal justice purposes described in Article

IV, including—

A.

information from Nonparty States; and

Oklahoma Statutes - Title 74. State Government

B.

information from Party States that is available from

the FBI through the III System but is not available

from the Party State through the III System;

3. provide a telecommunications network and maintain

centralized facilities for the exchange of criminal history records

for both criminal justice purposes and the noncriminal justice

purposes described in Article IV, and ensure that the exchange of

such records for criminal justice purposes has priority over

exchange for noncriminal justice purposes; and

4. modify or enter into user agreements with Nonparty State

criminal history record repositories to require them to establish

record request procedures conforming to those prescribed in Article

V.

b. State Responsibilities.—Each Party State shall—

1. appoint a Compact officer who shall—

A.

administer this Compact within that State;

B.

ensure that Compact provisions and rules, procedures,

and standards established by the Council under Article

VI are complied with in the State; and

C.

regulate the in-State use of records received by means

of the III System from the FBI or from other Party

States;

2. establish and maintain a criminal history record repository,

which shall provide—

A.

information and records for the National

Identification Index and the National Fingerprint

File; and

B.

the State’s III System-indexed criminal history

records for noncriminal justice purposes described in

Article IV;

3. participate in the National Fingerprint File; and

4. provide and maintain telecommunications links and related

equipment necessary to support the services set forth in this

Compact.

c. Compliance With III System Standards.—In carrying out their

responsibilities under this Compact, the FBI and each Party State

shall comply with III System rules, procedures, and standards duly

established by the Council concerning record dissemination and use,

response times, data quality, system security, accuracy, privacy

protection, and other aspects of III System operation.

d. Maintenance of Record Services.—

1. use of the III System for noncriminal justice purposes

authorized in this Compact shall be managed so as not to diminish

the level of services provided in support of criminal justice

purposes.

Oklahoma Statutes - Title 74. State Government

2. administration of Compact provisions shall not reduce the

level of service available to authorized noncriminal justice users

on the effective date of this Compact.

ARTICLE IV—AUTHORIZED RECORD DISCLOSURES

a. State Criminal History Record Repositories.—To the extent

authorized by Section 552a of Title 5, United States Code (commonly

known as the “Privacy Act of 1974”), the FBI shall provide on

request criminal history records (excluding sealed records) to State

criminal history record repositories for noncriminal justice

purposes allowed by Federal statute, Federal Executive order, or a

State statute that has been approved by the Attorney General and

that authorizes national indices checks.

b. Criminal Justice Agencies and Other Governmental or

Nongovernmental Agencies.—The FBI, to the extent authorized by

Section 552a of Title 5, United States Code (commonly known as the

“Privacy Act of 1974”), and State criminal history record

repositories shall provide criminal history records (excluding

sealed records) to criminal justice agencies and other governmental

or nongovernmental agencies for noncriminal justice purposes allowed

by Federal statute, Federal Executive order, or a State statute that

has been approved by the Attorney General, that authorizes national

indices checks.

c. Procedures.—Any record obtained under this Compact may be

used only for the official purposes for which the record was

requested. Each Compact officer shall establish procedures,

consistent with this Compact, and with rules, procedures, and

standards established by the Council under Article VI, which

procedures shall protect the accuracy and privacy of the records,

and shall—

1. ensure that records obtained under this Compact are used

only by authorized officials for authorized purposes;

2. require that subsequent record checks are requested to

obtain current information whenever a new need arises; and

3. ensure that record entries that may not legally be used for

a particular noncriminal justice purpose are deleted from the

response and, if no information authorized for release remains, an

appropriate “no record” response is communicated to the requesting

official.

ARTICLE V—RECORD REQUEST PROCEDURES

a. Positive Identification.—Subject fingerprints or other

approved forms of positive identification shall be submitted with

all requests for criminal history record checks for noncriminal

justice purposes.

b. Submission of State Requests.—Each request for a criminal

history record check utilizing the national indices made under any

approved State statute shall be submitted through that State’s

criminal history record repository. A State criminal history record

Oklahoma Statutes - Title 74. State Government

repository shall process an interstate request for noncriminal

justice purposes through the national indices only if such request

is transmitted through another State criminal history record

repository or the FBI.

c. Submission of Federal Requests.—Each request for criminal

history record checks utilizing the national indices made under

Federal authority shall be submitted through the FBI or, if the

State criminal history record repository consents to process

fingerprint submissions, through the criminal history record

repository in the State in which such request originated. Direct

access to the National Identification Index by entities other than

the FBI and State criminal history records repositories shall not be

permitted for noncriminal justice purposes.

d. Fees.—A State criminal history record repository or the FBI1. may charge a fee, in accordance with applicable law, for

handling a request involving fingerprint processing for noncriminal

justice purposes; and

2. may not charge a fee for providing criminal history records

in response to an electronic request for a record that does not

involve a request to process fingerprints.

e. Additional Search.—

1. If a State criminal history record repository cannot

positively identify the subject of a record request made for

noncriminal justice purposes, the request, together with

fingerprints or other approved identifying information, shall be

forwarded to the FBI for a search of the national indices.

2. If, with respect to a request forwarded by a State criminal

history record repository under paragraph 1 of this section, the FBI

positively identifies the subject as having a III System-indexed

record or records—

A.

the FBI shall so advise the State criminal history

record repository; and

B.

the State criminal history record repository shall be

entitled to obtain the additional criminal history

record information from the FBI or other State

criminal history record repositories.

ARTICLE VI—ESTABLISHMENT OF COMPACT COUNCIL

a. Establishment.—

1. In general.—There is established a council to be known as

the “Compact Council”, which shall have the authority to promulgate

rules and procedures governing the use of the III System for

noncriminal justice purposes, not to conflict with FBI

administration of the III System for criminal justice purposes.

2. Organization.—The Council shall—

A.

continue in existence as long as this Compact remains

in effect;

Oklahoma Statutes - Title 74. State Government

B.

be located, for administrative purposes, within the

FBI; and

C.

be organized and hold its first meeting as soon as

practicable after the effective date of this Compact.

b. Membership.—The Council shall be composed of fifteen (15)

members, each of whom shall be appointed by the Attorney General, as

follows:

1. Nine members, each of whom shall serve a 2-year term, who

shall be selected from among the Compact officers of Party States

based on the recommendation of the Compact officers of all Party

States, except that, in the absence of the requisite number of

Compact officers available to serve, the chief administrators of the

criminal history record repositories of Nonparty States shall be

eligible to serve on an interim basis.

2. Two at-large members, nominated by the Director of the FBI,

each of whom shall serve a 3-year term, of whomA.

one shall be a representative of the criminal justice

agencies of the Federal Government and may not be an

employee of the FBI; and

B.

one shall be a representative of the noncriminal

justice agencies of the Federal Government.

3. Two at-large members, nominated by the Chairman of the

Council, once the Chairman is elected pursuant to Article VI(c),

each of whom shall serve a 3-year term, of whom—

A.

one shall be a representative of State or local

criminal justice agencies; and

B.

one shall be a representative of State or local

noncriminal justice agencies.

4. One member, who shall serve a 3-year term, and who shall

simultaneously be a member of the FBI’s advisory policy board on

criminal justice information services, nominated by the membership

of that policy board.

5. One member, nominated by the Director of the FBI, who shall

serve a 3-year term, and who shall be an employee of the FBI.

c. Chairman and Vice Chairman.—

1. In general.—From its membership, the Council shall elect a

Chairman and a Vice Chairman of the Council, respectively. Both the

Chairman and Vice Chairman of the Council—

A.

shall be a Compact officer, unless there is no Compact

officer on the Council who is willing to serve, in

which case the Chairman may be an at-large member; and

B.

shall serve a 2-year term and may be reelected to only

one additional 2-year term.

2. Duties of vice chairman.—The Vice Chairman of the Council

shall serve as the Chairman of the Council in the absence of the

Chairman.

d. Meetings.—

Oklahoma Statutes - Title 74. State Government

1. In general.—The Council shall meet at least once each year

at the call of the Chairman. Each meeting of the Council shall be

open to the public. The Council shall provide prior public notice

in the Federal Register of each meeting of the Council, including

the matters to be addressed at such meeting.

2. Quorum.—A majority of the Council or any committee of the

Council shall constitute a quorum of the Council or of such

committee, respectively, for the conduct of business. A lesser

number may meet to hold hearings, take testimony, or conduct any

business not requiring a vote.

e. Rules, Procedures, and Standards.—The Council shall make

available for public inspection and copying at the Council office

within the FBI, and shall publish in the Federal Register, any

rules, procedures, or standards established by the Council.

f. Assistance From FBI.—The Council may request from the FBI

such reports, studies, statistics, or other information or materials

as the Council determines to be necessary to enable the Council to

perform its duties under this Compact. The FBI, to the extent

authorized by law, may provide such assistance or information upon

such a request.

g. Committees.—The Chairman may establish committees as

necessary to carry out this Compact and may prescribe their

membership, responsibilities, and duration.

ARTICLE VII—RATIFICATION OF COMPACT

This Compact shall take effect upon being entered into by two or

more States as between those States and the Federal Government.

Upon subsequent entering into this Compact by additional States, it

shall become effective among those States and the Federal Government

and each Party State that has previously ratified it. When

ratified, this Compact shall have the full force and effect of law

within the ratifying jurisdictions. The form of ratification shall

be in accordance with the laws of the executing State.

ARTICLE VIII—MISCELLANEOUS PROVISIONS

a. Relation of Compact to Certain FBI Activities.—

Administration of the Compact shall not interfere with the

management and control of the Director of the FBI over the FBI’s

collection and dissemination of criminal history records and the

advisory function of the FBI’s advisory policy board chartered under

the Federal Advisory Committee Act (5 U.S.C. App.) for all purposes

other than noncriminal justice.

b. No Authority for Nonappropriated Expenditures.—Nothing in

this Compact shall require the FBI to obligate or expend funds

beyond those appropriated to the FBI.

c. Relating to Public Law 92-544.-Nothing in this compact shall

diminish or lessen the obligations, responsibilities, and

authorities of any State, whether a Party State or a Nonparty State,

or of any criminal history record repository or other subdivision or

Oklahoma Statutes - Title 74. State Government

component thereof, under the Departments of State, Justice, and

Commerce, the Judiciary, and Related Agencies Appropriation Act,

1973 (Public Law 92-544), or regulations and guidelines promulgated

thereunder, including the rules and procedures promulgated by the

Council under Article VI(a), regarding the use and dissemination of

criminal history records and information.

ARTICLE IX—RENUNCIATION

a. In General.—This Compact shall bind each Party State until

renounced by the Party State.

b. Effect.—Any renunciation of this Compact by a Party State

shall—

1. be effected in the same manner by which the Party State

ratified this Compact; and

2. become effective 180 days after written notice of

renunciation is provided by the Party State to each other Party

State and to the Federal Government.

ARTICLE X—SEVERABILITY

The provisions of this Compact shall be severable, and if any

phrase, clause, sentence, or provision of this Compact is declared

to be contrary to the constitution of any participating State, or to

the Constitution of the United States, or the applicability thereof

to any government, agency, person, or circumstance is held invalid,

the validity of the remainder of this Compact and the applicability

thereof to any government, agency, person, or circumstance shall not

be affected thereby. If a portion of this Compact is held contrary

to the constitution of any Party State, all other portions of this

Compact shall remain in full force and effect as to the remaining

Party States and in full force and effect as to the Party State

affected, as to all other provisions.

ARTICLE XI—ADJUDICATION OF DISPUTES

a. In General.—The Council shall—

1. have initial authority to make determinations with respect

to any dispute regarding—

A.

interpretation of this Compact;

B.

any rule or standard established by the Council

pursuant to Article VI; and

C.

any dispute or controversy between any parties to this

Compact; and

2. hold a hearing concerning any dispute described in paragraph

1 at a regularly scheduled meeting of the Council and only render a

decision based upon a majority vote of the members of the Council.

Such decision shall be published pursuant to the requirements of

Article VI(e).

b. Duties of FBI.—The FBI shall exercise immediate and

necessary action to preserve the integrity of the III System,

maintain system policy and standards, protect the accuracy and

Oklahoma Statutes - Title 74. State Government

privacy of records, and to prevent abuses, until the Council holds a

hearing on such matters.

c. Right of Appeal.—The FBI or a Party State may appeal any

decision of the Council to the Attorney General, and thereafter may

file suit in the appropriate district court of the United States,

which shall have original jurisdiction of all cases or controversies

arising under this Compact. Any suit arising under this Compact and

initiated in a State court shall be removed to the appropriate

district court of the United States in the manner provided by

Section 1446 of Title 28, United States Code, or other statutory

authority.

Added by Laws 2001, c. 261, § 4, eff. July 1, 2001.