92-23
Posted on Nov 18, 1992 in Formal OpinionsOpinion Letter No. 92-23
November 18, 1992
FBI Criminal History Record Information
The Department of Education (DOE) is not required to disclose criminal history record information that it obtains from the FBI for criminal history checks of applicants and employees that are required by the DOE’s administrative rules. In previous opinion letters, the OIP concluded that conviction data must be publicly disclosed. However, under federal law, the FBI’s disclosure of criminal history records to an agency such as the DOE is subject to cancellation if dissemination is made outside the receiving agency.
Consequently, public disclosure of any part of the FBI criminal history records maintained by the DOE, including conviction data, is not required under section 92F-13(3), Hawaii Revised Statutes, because the disclosure of this information, and the FBI’s refusal to provide these records, would result in the frustration of the DOE’s ability to obtain and review applicants’ and employees’ criminal history records from the FBI.