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The 191st General Court of the Commonwealth of Massachusetts

Section 36: Identification of criminals; furnishing of information to other departments and states; transmission of information to the Federal Bureau of Investigation in cases where fingerprint identification sent though Interstate Identification Index

Section 36. The colonel shall provide within the department for receiving, arranging and keeping proper means for the identification of criminals and for the furnishing of means of identification of criminals to police departments of cities and towns, to the department of correction, to any sheriff's department, to the parole board and to prosecuting officers within the commonwealth. He may in his discretion furnish means of identification of criminals to proper officers in other states and in foreign countries. He may secure means of identification including measurements, photographs, fingerprints and other means, so that known criminals may be identified in the commonwealth. The colonel shall, on his own initiative, or upon request of the chief police officer of any city or town, sheriff, commissioner of correction, chairman of the parole board, or of any district attorney within the commonwealth, furnish to such chief police officer, sheriff, commissioner, chairman or district attorney such information as he has in his possession which may tend to assist in the identification of or apprehension of criminals. Systems operated by the department of criminal justice information services, pursuant to sections one hundred and sixty-seven to one hundred and seventy-eight, inclusive, of chapter six, may be used for such record keeping purposes provided that such records shall remain subject to the regulations of said board.

[Paragraphs added by 2018, 69, Sec. 18 effective July 1, 2019. See 2018, 69, 233.]

In any juvenile or adult criminal case in which a fingerprint identification has been transmitted to the Federal Bureau of Investigation to provide criminal history record information through the bureau's Interstate Identification Index, the department shall also transmit the case disposition information, including any order of dismissal and any order to seal or expunge a record. The transmission of any sealing order to the Federal Bureau of Investigation shall be accompanied by an order to seal such information within the bureau's Interstate Identification Index. The transmission of any expungement order to the Federal Bureau of Investigation shall be accompanied by an order to expunge such information within the bureau's Interstate Identification Index.

If the department transmits a fingerprint identification of a juvenile to the Federal Bureau of Investigation to provide criminal history record information through the bureau's Interstate Identification Index, the department shall also promptly transmit an order to seal such information within the bureau's Interstate Identification Index.

The executive office of public safety and security shall promulgate regulations to assure that the necessary offense based tracking number is included with criminal offender record information so as to support the transmission of case disposition information to the Federal Bureau of Investigation.