Section 175 Inspection of record information by individual concerned; corrections; procedure; restrictions - Massachusetts Statutes

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.