§ 114-19.1. Criminal history background investigations; fees. - North Carolina Statutes

§ 114‑19.1.  Criminalhistory background investigations; fees.

(a)        When the Departmentof Justice determines that any person is entitled by law to receiveinformation, including criminal records, from the State Bureau ofInvestigation, for any purpose other than the administration of criminaljustice, the State Bureau of Investigation shall charge the recipient of suchinformation a reasonable fee for retrieving such information. The feeauthorized by this section shall not exceed the actual cost of locating,editing, researching and retrieving the information, and may be budgeted forthe support of the State Bureau of Investigation.

(b)        As used in thissection, "administration of criminal justice" means the performanceof any of the following activities: the detection, apprehension, detention,pretrial release, post‑trial release, prosecution, adjudication,correctional supervision, or rehabilitation of persons suspected of, accused ofor convicted of a criminal offense. The term also includes screening for suitabilityfor employment, appointment or retention of a person as a law enforcement orcriminal justice officer or for suitability for appointment of a person whomust be appointed or confirmed by the General Assembly, the Senate, or theHouse of Representatives.

(c)        In providingcriminal history record checks, the Department of Justice shall processrequests in the following priority order:

(1)        Administration ofcriminal justice record checks,

(2)        Mandatorynoncriminal justice criminal history record checks,

(3)        Voluntarynoncriminal justice criminal history record checks.

(d)        Nothing in thissection shall be construed as enlarging any right to receive any record of theState Bureau of Investigation. Such rights are and shall be controlled by G.S.114‑15, G.S. 114‑19, G.S. 120‑19.4A, and other applicablestatutes. (1979,c. 816; 1981, c. 832, s. 1; 1987, c. 867, s. 1; 1995 (Reg. Sess., 1996), c.606, s. 4; 2002‑126, s. 29A.12(a); 2003‑214, s. 1(2).)