10 M.R.S. §1500-PP: Correction and deletion of criminal history record information

(REALLOCATED FROM TITLE 10, SECTION 1500-CC)

If the completeness or accuracy of criminal history record information maintained by a business screening service is disputed by the individual who is the subject of the record, the business screening service shall, without charge, investigate the disputed record.

1. Investigations. In conducting an investigation, the business screening service shall review and consider all relevant information submitted by the subject of the criminal history record information with respect to the disputed record to determine whether the record maintained by the business screening service accurately reflects the content of the official record, as maintained by the Department of Public Safety, Bureau of State Police, State Bureau of Identification.

2. Correction and deletion of criminal history record information. If, upon investigation, the business screening service determines that the criminal history record information does not accurately reflect the content of the official record, the business screening service shall correct the disputed record so as to accurately reflect the content of the official record. If the disputed record is found to be sealed or the subject of a pardon, the business screening service shall promptly delete the record. A business screening service that complies with this subsection has satisfied its obligation to correct or delete records pursuant to this section.

3. Terminating frivolous investigations. A business screening service may terminate an investigation of disputed criminal history record information if the business screening agency reasonably determines that the dispute is frivolous, and that determination may be based on the failure of the subject of the record to provide sufficient information to investigate the disputed record. Upon making a determination that the dispute is frivolous, the business screening service shall inform the subject of the record of the specific reasons why it has determined that the dispute is frivolous and provide a description of any information required to investigate the disputed record.

4. Notice to subject of criminal history record information. Within 30 days from the date when the business screening service receives notice that the subject of a criminal history record information is disputing the record, the business screening service shall notify the subject of the record of the results of the investigation, including:

A. Whether the investigation was completed or terminated; and

B. Any records corrected or deleted as a result of the investigation.