Code of the District of Columbia

§ 4–1305.08. Confidentiality.

(a) Information obtained pursuant to a criminal records check shall be confidential. It shall be disseminated only to:

(1) The individual who is the subject of the criminal records check;

(2) The Agency for the purpose of receiving and screening the results of a criminal records check to determine an applicant’s suitability for approval or licensure;

(2A) The Office of the Attorney General for the purpose of recommending an appropriate placement under Chapter 3 of Title 16 and § 16-2320(a)(2) or § 16-2320(a)(3)(C); or

(3) The Family Division of the Superior Court of the District of Columbia for the purpose of determining the appropriateness of a placement under Chapter 3 of Title 16 and § 16-2320(a)(2) or § 16-2320(a)(3)(C).

(b) Nothing in this section shall be interpreted as prohibiting the Agency from providing to a licensed child-placing agency a summary indicating whether an applicant has been convicted of or is under pending indictment for a crime that bears upon the applicant’s fitness for approval, licensure, or permission.

(c) No employee of the Family Division of the Superior Court of the District of Columbia, the Agency, or any other agency of the District of Columbia shall disclose information obtained as a result of an application submitted pursuant to § 4-1305.02 to any unauthorized individual or entity.

(d) This part shall not authorize the disclosure of information concerning an individual who was not an adult, or was not prosecuted as an adult, at the time to which the information pertains if the disclosure of such information is prohibited by law.

(Sept. 23, 1977, D.C. Law 2-22, title V, § 508, formerly § 328; as added June 27, 2000, D.C. Law 13-136, § 201(f), 47 DCR 2850; Apr. 4, 2001, D.C. Law 13-277, § 2(x), 48 DCR 2043; Apr. 12, 2005, D.C. Law 15-341, § 2(r), 52 DCR 2315; renumbered Mar. 2, 2007, D.C. Law 16-191, § 22(a)(9), 53 DCR 6794.)

Section References

This section is referenced in § 4-1305.09.

Effect of Amendments

D.C. Law 13-277, in subsecs. (a) and (b), substituted “Agency” for “Department”; and, in subsec. (c), substituted “Agency” for “Department, the Division”.

D.C. Law 15-341, in subsec. (a), deleted “or” from the end of par. (2), and added par. (2A).

D.C. Law 16-191 renumbered the section.

Emergency Legislation

For temporary (90-day) addition of section, see notes following § 4-1305.01.

Editor's Notes

For applicability of D.C. Law 13-277, see note following § 4-1303.01a.