[Code of Federal Regulations]
[Title 28, Volume 1]
[Revised as of July 1, 2008]
From the U.S. Government Printing Office via GPO Access
[CITE: 28CFR20.33]

[Page 419-420]
 
                    TITLE 28--JUDICIAL ADMINISTRATION
 
                    CHAPTER I--DEPARTMENT OF JUSTICE
 
PART 20_CRIMINAL JUSTICE INFORMATION SYSTEMS--Table of Contents
 
   Subpart C_Federal Systems and Exchange of Criminal History Record 
                               Information
 
Sec. 20.33  Dissemination of criminal history record information.

    (a) Criminal history record information contained in the III System 
and the FIRS may be made available:
    (1) To criminal justice agencies for criminal justice purposes, 
which purposes include the screening of employees or applicants for 
employment hired by criminal justice agencies;
    (2) To federal agencies authorized to receive it pursuant to federal 
statute or Executive order;
    (3) For use in connection with licensing or employment, pursuant to 
Public Law 92-544, 86 Stat. 1115, or other federal legislation, and for 
other uses for which dissemination is authorized by federal law. Refer 
to Sec. 50.12 of this chapter for dissemination guidelines relating to 
requests processed under this paragraph;
    (4) For issuance of press releases and publicity designed to effect 
the apprehension of wanted persons in connection with serious or 
significant offenses;
    (5) To criminal justice agencies for the conduct of background 
checks under the National Instant Criminal Background Check System 
(NICS);

[[Page 420]]

    (6) To noncriminal justice governmental agencies performing criminal 
justice dispatching functions or data processing/ information services 
for criminal justice agencies; and
    (7) To private contractors pursuant to a specific agreement with an 
agency identified in paragraphs (a)(1) or (a)(6) of this section and for 
the purpose of providing services for the administration of criminal 
justice pursuant to that agreement. The agreement must incorporate a 
security addendum approved by the Attorney General of the United States, 
which shall specifically authorize access to criminal history record 
information, limit the use of the information to the purposes for which 
it is provided, ensure the security and confidentiality of the 
information consistent with these regulations, provide for sanctions, 
and contain such other provisions as the Attorney General may require. 
The power and authority of the Attorney General hereunder shall be 
exercised by the FBI Director (or the Director's designee).
    (b) The exchange of criminal history record information authorized 
by paragraph (a) of this section is subject to cancellation if 
dissemination is made outside the receiving departments, related 
agencies, or service providers identified in paragraphs (a)(6) and 
(a)(7) of this section.
    (c) Nothing in these regulations prevents a criminal justice agency 
from disclosing to the public factual information concerning the status 
of an investigation, the apprehension, arrest, release, or prosecution 
of an individual, the adjudication of charges, or the correctional 
status of an individual, which is reasonably contemporaneous with the 
event to which the information relates.
    (d) Criminal history records received from the III System or the 
FIRS shall be used only for the purpose requested and a current record 
should be requested when needed for a subsequent authorized use.