Reading Room Document

Access to Criminal History Records by Non-Governmental Entities Performing Authorized Criminal Justice Functions

Non-govemmental entities performing authorized criminal justice functions under contract with government law enforcement agencies may be granted access to criminal history records maintained under the authority of 28 U.S.C. § 534, subject to effective controls to guard against unauthorized use and to ensure effective oversight by the Department of Justice. Because Department of Justice regulations implementing 28 U.S C. § 534 do not affirmatively authorize dissemination of criminal history records to non-govemmental entities under contract to assist law enforcement agencies, those regulations should be amended to provide such authorization before access is granted to those entities. The OLC does not provide release dates for its opinions, so the release date listed is the date on which the opinion was authored. The original opinion is available at www.justice.gov/file/19656/download.

June 12, 1998