Wyo. Code R. 015-0006-4
Effective Date: 03/29/1988 to 07/27/2020
Rule Type: Superceded Rules & Regulations
Reference Number: 015.0006.4.03291988
(a) No criminal justice history record information shall be disseminated, nor shall the existence or non-existence of a criminal history record be made known, until the Division or a criminal justice agency determines that the person or organization requesting such information is eligible under Wyoming law to receive such information.
(b) If the eligibility or a person or organization is uncertain, the criminal justice agency from whom the request was made, shall contact the Division for an eligibility determination.
(c) Within one week from the receipt of a request the Division shall notify the requesting party in writing whether the party is eligible to receive criminal history record information. Regardless of any previous determination by a criminal justice agency, if the Division determines that a party is not eligible, no dissemination shall be made.
(d) No dissemination shall be made to a person or organization until that person or organization complies with all requirements set forth in these rules.
(e) A person or organization receiving criminal history information shall not make any other dissemination, or use the information for any purpose other than that set forth in the original request except that a record subject may make further dissemination.
(f) No criminal history record information, or the existence or non-existence of a criminal history record shall be disseminated for non-criminal justice purposes, other than by the Division. All requests for criminal history records information for such purposes shall be forwarded to the Division in accordance with these rules.
Criminal History Record Information shall be available only to:
(a) those persons and organizations stated in section 7-19-106(a), and;
(b) those who make application through a criminal justice agency of this state and provide a written notarized waiver of the record subject in compliance with section 7-19-106(k);
(c) central repositories in other states and the Federal Bureau of Investigation.
(a) All criminal justice agencies receiving request for criminal history record information shall maintain a log recording:
(i) the date of the information requests;
(ii) the determination of eligibility of the requesting party;
(iii) whether criminal history record information was disseminated to the requesting
party.
(b) All criminal justice agencies holding, receiving, or disseminating criminal history record information shall maintain a dissemination log on forms approved by the Division, which includes the following:
(i) name and date of birth or other numeric identifier (e.g., state identification number
[SID])
(ii) race of subject
(iii) sex of subject
(iv) date of dissemination
(v) name of person requesting the information (vi) date and time inquiry sent
(vii) name of person to whom information released (viii) date and time response was
released
(ix) name of person releasing the information
(x) notation of “record” or “no record”
(xi) purpose code
(c) No inquires retrieving Criminal History Record Information shall be conducted within State Computerized Criminal History Files or Triple I Files maintained by the FBI, for non-criminal justice purposes.
(a) All requests for criminal history records information, not made:
(i) by a Criminal Justice Agency for criminal justice purposes,
(ii) by the Division of Public Assistance and Social Services, or
(iii) for statistical research or record reporting; must be submitted with:
(A) a set of classifiable, fully rolled fingerprints;
(B) notarized waiver upon a form approved by the Division, (except no waiver will be required when the request is made pursuant to an Executive Order);
(C) the fees required by Chapter 8 of these rules;
(D) an explicit statement of intended use and purpose of the request.
(i) All requests for statistical data must be accompanied by a brief synopsis explaining the study, etc., for which the request is made.
(ii) The Division may request additional disclosures to ensure that the requested information will be used solely for statistical research or as a reporting record. Failure to comply with disclosure requests will result in the Division’s refusal to disseminate requested records.
(iii) Upon the initial request and after any further disclosures requested by the Division are completed, the Division will advise the requesting party whether it is eligible to receive the information.
(iv) The Division shall no disseminate information requested for statistical research or record reporting purposes on a form which is individually identifiable. If information cannot be made non-individually identifiable with reasonable effort, the Division shall not disseminate that information.
(c) Requests by the Division of Public Assistance and Social Services shall include a description of an intended lawful purpose of the request.
(d) Criminal justice agencies make requests shall include a statement of whether the request is made:
(i) for criminal justice purposes; or,
(ii) for non-criminal justice purposes, in which case the request shall meet the requirements of section 4(a) above.