NCIC III and CHRI Handling 2 — Questions and Answers
Question 1: For what purposes is access to Interstate Identification Index (III) criminal history record information (CHRI) expressly authorized?
- Any law enforcement purpose without restriction
- Criminal justice purposes, authorized non-criminal justice purposes, and specific employment/licensing uses authorized by statute (Correct answer)
- Only federal law enforcement investigations
- Only active criminal investigations with a court order
Correct answer: Criminal justice purposes, authorized non-criminal justice purposes, and specific employment/licensing uses authorized by statute
III CHRI may be accessed for criminal justice purposes, statutorily authorized non-criminal justice purposes (such as employment background checks), and other specific uses defined by federal or state law.
Access to III Criminal History Record Information (CHRI) is governed by the National Crime Prevention and Privacy Compact and federal law. Authorized uses include criminal justice purposes (investigations, prosecution, sentencing), non-criminal justice purposes authorized by federal or state statute (such as background checks for teachers, healthcare workers, or firearms transfers), and other specific purposes defined in law. Each purpose has its own access channel and dissemination restrictions. Using CHRI for unauthorized purposes — such as personal curiosity or to benefit private parties — is a serious violation subject to criminal penalties.
Question 2: Who bears primary responsibility for the accuracy of criminal history records contained in III?
- The FBI CJIS Division
- The state or agency that originally submitted the records (Correct answer)
- The National Crime Prevention and Privacy Compact Council
- The criminal court that issued the underlying disposition
Correct answer: The state or agency that originally submitted the records
The state or agency that submitted criminal history records to III bears primary responsibility for their accuracy, completeness, and timeliness.
Under the National Crime Prevention and Privacy Compact, the state or agency that contributes criminal history records to III retains ownership and bears primary responsibility for ensuring those records are accurate, complete, and up to date. This includes promptly submitting dispositions (conviction, acquittal, dismissal) to supplement arrest records, correcting errors when discovered, and maintaining the records in accordance with applicable state and federal laws. The FBI CJIS Division maintains the system infrastructure but does not independently verify the accuracy of state-submitted data.
Question 3: What must an agency do when it discovers that III CHRI it received contains an error that could harm an individual?
- Retain the record but note the error in the case file
- Notify the originating state or agency and the individual affected (Correct answer)
- Contact the FBI to have the record deleted from III
- File a report with the Department of Justice within 30 days
Correct answer: Notify the originating state or agency and the individual affected
When an error in III CHRI is discovered, the agency must notify the originating state or agency responsible for the record and should take steps to notify the affected individual.
Agencies that discover errors in III CHRI have obligations under federal law and NCIC policy to address those errors promptly. They must notify the originating state or agency, which is responsible for correcting the record. Depending on the circumstances, the affected individual may also need to be notified, particularly if the error resulted in a denial of employment, licensing, or other benefit. Agencies may not simply retain erroneous information without action, as using known-inaccurate CHRI could result in legal liability and violates the accuracy requirements of the Privacy Act.
Question 4: Under the NCIC/III system, what is the definition of 'criminal history record information' (CHRI)?
- All law enforcement records including traffic violations and civil judgments
- 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 (Correct answer)
- Intelligence reports prepared by federal agencies on suspected criminals
- Records of incarceration and supervised release only
Correct answer: 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
CHRI consists of identifiable descriptions and notations of arrests, charges, and dispositions collected by criminal justice agencies — not intelligence reports or civil records.
Criminal History Record Information (CHRI) is specifically defined in federal regulation (28 CFR Part 20) as information collected by criminal justice agencies on individuals, consisting of identifiable descriptions and notations of arrests, detentions, indictments, informations, or other formal criminal charges, and any disposition arising therefrom, including sentencing, correctional supervision, and release. CHRI does not include intelligence files, civil records, or unofficial investigative notes. This precise definition determines what information must be handled under the strict CHRI dissemination rules and what information falls outside those requirements.
Question 5: What restriction applies to III CHRI obtained for a criminal justice purpose when shared with non-criminal justice agencies?
- It may be shared freely with any government agency
- It may only be shared if the non-criminal justice agency has a signed data sharing agreement
- III CHRI obtained for criminal justice purposes may not be disseminated to non-criminal justice agencies except as authorized by statute (Correct answer)
- It may be shared with non-criminal justice agencies after a 90-day waiting period
Correct answer: III CHRI obtained for criminal justice purposes may not be disseminated to non-criminal justice agencies except as authorized by statute
III CHRI obtained for criminal justice purposes may not be disseminated to non-criminal justice agencies unless expressly authorized by applicable federal or state statute.
The principle of purpose limitation is fundamental to III CHRI handling. Information obtained through III for a criminal justice purpose (such as a criminal investigation) cannot simply be shared with non-criminal justice entities (such as employers or licensing boards) without specific statutory authorization. Each use of CHRI must be independently authorized. An employment background check requires its own separate, authorized query channel — not sharing of CHRI obtained in an unrelated criminal investigation. Violating these dissemination restrictions can result in criminal penalties, civil liability, and loss of NCIC access.
Question 6: Individuals have the right under federal law to access their own III criminal history records for what purpose?
- No right exists — individuals cannot access their own CHRI through III
- To review records for employment applications only
- To review and challenge the accuracy and completeness of their records (Correct answer)
- To obtain certified copies for use in immigration proceedings only
Correct answer: To review and challenge the accuracy and completeness of their records
Individuals have a federally protected right to access their own III criminal history records to review them and to challenge any information they believe is inaccurate or incomplete.
Under the Privacy Act and applicable FBI policy, individuals have the right to request access to their own criminal history record information held in III. This right is exercised by contacting the FBI's Record/Information Dissemination Section or the appropriate state identification bureau. Upon receiving their record, individuals can formally challenge information they believe to be inaccurate, incomplete, or outdated. The challenging process follows specific procedures outlined in 28 CFR Part 16, and agencies that submitted the challenged records must respond to correction requests. This right is fundamental to ensuring fairness and due process in the use of criminal records.
NCIC III and CHRI Handling 2
For what purposes is access to Interstate Identification Index (III) criminal history record information (CHRI) expressly authorized?