General Laws

[Text of section effective until May 4, 2012. For text effective May 4, 2012, see below.]

Section 175. Each individual shall have the right to inspect, and if practicable, copy, criminal offender record information which refers to him. If an individual believes such information to be inaccurate or incomplete, he shall request the agency having custody or control of the records to purge, modify or supplement them. If the agency declines to so act, or if the individual believes the agency’s decision to be otherwise unsatisfactory, the individual may in writing request review by the board. The board shall in each case in which it finds prima facie basis for complaint, conduct a hearing at which the individual may appear with counsel, present evidence, and examine and cross-examine witnesses. Written findings shall be issued within sixty days of receipt by the board of the request for review. Failure to issue findings shall be deemed a decision of the board. If the record in question is found to be inaccurate, incomplete or misleading, the board shall order that the record be appropriately purged, modified, or supplemented by explanatory notation. Failure of the board to act shall be deemed a decision of the board.

Agencies at which criminal offender records are sought to be inspected shall prescribe reasonable hours and places of inspection, and shall impose such additional restrictions as may be approved by the board, including fingerprinting, as are reasonably necessary both to assure the record’s security and to verify the identities of those who seek to inspect them.

[Text of section as amended by 2010, 256, Sec. 35 effective May 4, 2012. See 2010, 256, Sec. 145 as amended by 2010, 359, Sec. 102. For text effective until May 4, 2012, see above.]

Section 175. A subject shall have the right to inspect, and if practicable, obtain a copy of all criminal offender record information from the department that refers to the subject. The commissioner shall publish and furnish, upon request, guidelines for individuals on how to correct inaccurate or incomplete information. Subject to appropriation, the department shall provide assistance to individuals that have requested assistance to correct inaccurate or incomplete criminal offender record information. Such assistance shall include but not be limited to cooperation with appropriate entities to correct, modify or appropriately supplement criminal offender record information that has been determined to be inaccurate or incomplete. If criminal offender record information is corrected by the office of the commissioner of probation or the courts, any corrections made by such commissioner or court shall be transmitted forthwith to the department and the department’s database shall reflect the corrected criminal offender record information.

Requestors shall prescribe reasonable hours and places for subjects to inspect their criminal offender record information under subsection (f) of section 172 and shall impose such additional restrictions as are reasonably necessary both to ensure the record’s security and to verify the identities of those who seek to inspect them.