Posted on May 8, 1995 in Formal Opinions

Opinion Letter No. 95-15
May 8, 1995
Criminal Justice Agency that has Administrative Control Over Conviction Data

Under the UIPA, an agency that has “administrative control” over government records is deemed to “maintain” these records and must make them available for public inspection and copying. Various State and county criminal justice agencies have the legal right and the unrestricted technical capability to access conviction data within the Offender-Based Transaction Statistics/Computerized Criminal History system (“Computer System”), and therefore these agencies have “administrative control” over the Computer System. Accordingly, these agencies were deemed to “maintain” this record and are required to disclose conviction data in accordance with the UIPA.

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