Iowa Code 692.5 – Right to access and challenge — judicial review
Current as of: 2023 | Check for updates
|
Other versions
1. Any person or the person’s attorney shall have the right to examine and obtain a copy of criminal history data filed with the department that refers to the person. The person or person’s attorney may provide the person’s fingerprint identification to the department on a form and in a manner prescribed by the department. The department shall not copy the fingerprint identification and shall return or destroy the identification after the copy of the criminal history data is made. The department may prescribe reasonable hours and places of examination.
Terms Used In Iowa Code 692.5
- clerk: means clerk of the court in which the action or proceeding is brought or is pending; and the words "clerk's office" mean the office of that clerk. See Iowa Code 4.1
- Criminal history data: means any or all of the following information maintained by the department or division in a manual or automated data storage system and individually identified:a. See Iowa Code 692.1
- Department: means the department of public safety. See Iowa Code 692.1
- Division: means the department of public safety, division of criminal investigation. See Iowa Code 692.1
- Docket: A log containing brief entries of court proceedings.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- person: means individual, corporation, limited liability company, government or governmental subdivision or agency, business trust, estate, trust, partnership or association, or any other legal entity. See Iowa Code 4.1
- Pleadings: Written statements of the parties in a civil case of their positions. In the federal courts, the principal pleadings are the complaint and the answer.
- Testimony: Evidence presented orally by witnesses during trials or before grand juries.
2. A person who files with the division a written statement to the effect that information contained in the criminal history data is nonfactual, or that information contained in the criminal history data is not authorized by law to be kept, and requests a correction or elimination of the information that refers to the person shall be notified within twenty days by the division, in writing, of the division’s decision or order regarding the correction or elimination. Judicial review of the actions of the division may be sought in accordance with the terms of the Iowa administrative procedure Act, chapter 17A. Immediately upon the filing of the petition for judicial review the court shall order the division to file with the court a certified copy of the criminal history data and in no other situation shall the division furnish an individual or the individual’s attorney with a certified copy, except as provided by this chapter.3. Upon the request of the petitioner, the record and evidence in a judicial review proceeding shall be closed to all but the court and its officers, and access thereto shall be refused unless otherwise ordered by the court. The clerk shall maintain a separate docket for such actions. A person, other than the petitioner, shall not permit a copy of any of the testimony or pleadings or the substance thereof to be made available to any person other than a party to the action or the party’s attorney. Violation of this section shall be a public offense, punishable under section 692.7. The provisions of this section shall be the sole right of action against the department, its subdivisions, or employees regarding improper storage or release of criminal history data.4. Whenever the division corrects or eliminates criminal history data as requested or as ordered by the court, the division shall advise the federal bureau of investigation, if applicable, to correct its files.