The following data created or collected by law enforcement agencies which document any actions taken by them to cite, arrest, incarcerate or otherwise substantially deprive an adult individual of liberty shall be public at all times in the originating agency:. The following data created or collected by law enforcement agencies which document requests by the public for law enforcement services shall be public government data:. The audio recording of a call placed to a system for the purpose of requesting service from a law enforcement, fire, or medical agency is private data on individuals with respect to the individual making the call, except that a written transcript of the audio recording is public, unless it reveals the identity of an individual otherwise protected under subdivision A transcript shall be prepared upon request.
The person requesting the transcript shall pay the actual cost of transcribing the call, in addition to any other applicable costs provided under section The audio recording may be disseminated to law enforcement agencies for investigative purposes.
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The audio recording may be used for public safety and emergency medical services training purposes. The written police report required by section The executive director or the commissioner of the appropriate state agency shall develop written criteria for this designation. The following data created or collected by law enforcement agencies which document the agency's response to a request for service including, but not limited to, responses to traffic accidents, or which describe actions taken by the agency on its own initiative shall be public government data:.
Except for the data defined in subdivisions 2, 3, and 6, investigative data collected or created by a law enforcement agency in order to prepare a case against a person, whether known or unknown, for the commission of a crime or other offense for which the agency has primary investigative responsibility are confidential or protected nonpublic while the investigation is active.
Inactive investigative data are public unless the release of the data would jeopardize another ongoing investigation or would reveal the identity of individuals protected under subdivision Images and recordings, including photographs, video, and audio records, which are part of inactive investigative files and which are clearly offensive to common sensibilities are classified as private or nonpublic data, provided that the existence of the images and recordings shall be disclosed to any person requesting access to the inactive investigative file.
An investigation becomes inactive upon the occurrence of any of the following events:.
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Any investigative data presented as evidence in court shall be public. Data determined to be inactive under clause a may become active if the agency or appropriate prosecutorial authority decides to renew the investigation. During the time when an investigation is active, any person may bring an action in the district court located in the county where the data are being maintained to authorize disclosure of investigative data. The court may order that all or part of the data relating to a particular investigation be released to the public or to the person bringing the action. In making the determination as to whether investigative data shall be disclosed, the court shall consider whether the benefit to the person bringing the action or to the public outweighs any harm to the public, to the agency or to any person identified in the data.
The data in dispute shall be examined by the court in camera. Active or inactive investigative data that identify a victim of child abuse or neglect reported under section Active or inactive investigative data that identify a reporter of child abuse or neglect under section Investigative data that become inactive under subdivision 7, clause a or b , and that relate to the alleged abuse or neglect of a child by a person responsible for the child's care, as defined in section Active or inactive investigative data that identify a victim of vulnerable adult maltreatment under section Active or inactive investigative data that identify a reporter of vulnerable adult maltreatment under section Investigative data that becomes inactive under subdivision 7, paragraph a or b , and that relate to the alleged maltreatment of a vulnerable adult by a caregiver or facility are private data on individuals.
Data on court records relating to name changes under section On receipt of a written request, the prosecuting authority shall release investigative data collected by a law enforcement agency to the victim of a criminal act or alleged criminal act or to the victim's legal representative unless the release to the individual subject of the data would be prohibited under section A law enforcement agency may temporarily withhold response or incident data from public access if the agency reasonably believes that public access would be likely to endanger the physical safety of an individual or cause a perpetrator to flee, evade detection or destroy evidence.
In such instances, the agency shall, upon the request of any person, provide a statement which explains the necessity for its action. Any person may apply to a district court for an order requiring the agency to release the data being withheld. If the court determines that the agency's action is not reasonable, it shall order the release of the data and may award costs and attorney's fees to the person who sought the order.
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Any law enforcement agency may make any data classified as confidential or protected nonpublic pursuant to subdivision 7 or as private or nonpublic under section When data is classified as public under this section, a law enforcement agency shall not be required to make the actual physical data available to the public if it is not administratively feasible to segregate the public data from the not public. However, the agency must make the information described as public data available to the public in a reasonable manner.
When investigative data becomes inactive, as described in subdivision 7, the actual physical data associated with that investigation, including the public data, shall be available for public access. A law enforcement agency or a law enforcement dispatching agency working under direction of a law enforcement agency shall withhold public access to data on individuals to protect the identity of individuals in the following circumstances:. For the purposes of this paragraph, a voice recording of a call placed to the system is deemed to reveal the identity of the caller;.
Data concerning individuals whose identities are protected by this subdivision are private data about those individuals. Law enforcement agencies shall establish procedures to acquire the data and make the decisions necessary to protect the identity of individuals described in clauses c , d , f , and g.
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Nothing in this section shall require law enforcement agencies to create, collect or maintain data which is not required to be created, collected or maintained by any other applicable rule or statute. Data in arrest warrant indices are classified as confidential data until the defendant has been taken into custody, served with a warrant, or appears before the court, except when the law enforcement agency determines that the public purpose is served by making the information public.
Data that uniquely describe stolen, lost, confiscated, or recovered property are classified as either private data on individuals or nonpublic data depending on the content of the not public data. To the extent that the release of program data would reveal the identity of an informant or adversely affect the integrity of the fund, financial records of a program that pays rewards to informants are protected nonpublic data in the case of data not on individuals or confidential data in the case of data on individuals.
Data described in section Data described in section C. Nothing in this chapter prohibits the exchange of information by law enforcement agencies provided the exchanged information is pertinent and necessary to the requesting agency in initiating, furthering, or completing an investigation, except not public personnel data and data governed by section Data that reflect deliberative processes or investigative techniques of law enforcement agencies are confidential data on individuals or protected nonpublic data; provided that information, reports, or memoranda that have been adopted as the final opinion or justification for a decision of a law enforcement agency are public data.
A law enforcement agency may temporarily withhold access to a booking photograph if the agency determines that access will adversely affect an active investigation. Data that would reveal the identity of persons who are customers of a licensed pawnbroker, secondhand goods dealer, or a scrap metal dealer are private data on individuals.
Data describing the property in a regulated transaction with a licensed pawnbroker, secondhand goods dealer, or a scrap metal dealer are public. Applications can be submitted online, via email, in person or by post of fax but are limited to the CJN. Criminal record certificates cannot be accessed through a French consulate or embassy at any time.
The three types of criminal bulletin: [42]. Crimes that can be disclosed through the certificate of criminal record: [42]. Removal of Offences from the Record Judgements against an individual are not published on a Bulletin 3 certificate once the rehabilitation period has passed depending on the severity of the conviction either three years for misdemeanours or five years for felony crimes, after the sentence was completed.
France has a sex offenders registry but unlike systems such as the United States, does not allow the public to access information regarding the information of cases and individuals who have been convicted of sex crimes, nor does France require the community to be notified of the presence of a sex offender in their neighbourhood as is obligatory in some other countries.
France in particular takes into account the need for rehabilitation as well as the need for public safety. Justice Minister Dominique Perben stated "On the one hand, we must improve medical-psychiatric follow-up for these individuals and on the other hand, we must put in place a system that allows us to know where they are so we can help investigators do their jobs" in response to the soaring number of convictions for sexual offences in In Greece , criminal records are written certificates where entries are created according to the legal provisions provided for in Articles of the Greek Code of Criminal Procedure CCrP.
An Independent Department of Criminal Records exists within the Ministry of Justice and operates as the central authority, able to supervise the criminal record system in Greece. According to provisions contained within Article Each criminal record certificate has two components: the first regarding the individuation of the person and the second consisting of the content of the person's prior criminal acts.
Specifically, Article These certificates of criminal records will no longer be in effect, according to Article , under the following conditions:. In the aforementioned cases, the certificates are destroyed upon the validity of the reasons provided. The full and detailed records of a one's criminal past can be available to a certain range of individuals and authorities, under the terms 'general use' and 'judicial use'. Under Article , general use dictates criminal records will and can be supplied for prospective members of the Bar, future notaries and chartered accountants as they are a prerequisite for registration.
Germany has a criminal record system holding all the information regarding past offences and sentences. The information is maintained by the Federal Central Criminal Register Bundeszentralregister , which is in turn subordinate to the Federal Ministry of Justice. Once a person turns 14, they are able to request their own criminal record. One's criminal record can be viewed by any member of the public at request, as long as they provide ID and purpose of the disclosure.
The information in the criminal record certificate includes prior offences, court citations and convictions. According to the severity of the committed crime and, more importantly, the received sentence, most entries are deleted after 5, 10, 15 or 20 years, respectively. The only sentences exempt from this rule are life imprisonment, preventive detention and commitment in a mental hospital. Unlike other countries listed on this article, Hong Kong authorities do not allow for access to criminal records by employers or school purposes.
To pardon persons convicted of criminal offences or commute their penalties". Criminal records are not purged regardless of time or seriousness of the case. A criminal database exists in Hungary which is allowed for under the 85th Act of on the criminal database and the official certificate of criminal record. Investigative authorities, public prosecutors offices and criminal courts all contribute to the databases.
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For people imprisoned for an intentional offence, data will be removed 15 years after their release. If the offence was committed recklessly, then the data will be removed 5 years after release [54] The data is not publicly accessible, but a person can obtain the data held about themselves upon request.
However, section 4 of the Data Protection Act allows individuals to make a formal request in writing to the Garda Criminal Records Office to access personal data held about them. Additionally, a third party may also be able to access your personal data on your behalf. In Ireland, criminal convictions remain on the criminal record system for life if the offence was committed after the individual turned 18, as there are currently no legislative provisions which provide for the expungement of criminal convictions.
Ireland remains the only country in the EU and one of the only countries in the Council of Europe area to not have such legislation.
However, under Section of the Children Act , offences committed by those under eighteen years of age can be expunged from the record once certain conditions are met: where a person has been found guilty of an offence and:. In other words, your conviction will become spent. There is no official sex offender registry in Ireland.
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Italy has a criminal record system held at the Criminal Records Bureau in Rome, governed by the department of Justice. Who can apply? Anyone who is an Italian citizen or is a non-citizen but has resided in Italy for a significant period of time can apply to see the records at the criminal records bureau or at one of their offices located in Italy.
They can also apply from the UK. What is included in the information in which they receive? Penal Certificate — details of all criminal offences, court hearings and outcomes. Civil Certificate — contains information regarding bankruptcy, mental competency, and information regarding expulsion from Italy. General Certificate — Similar to Penal Certificate but also includes any information regarding expulsion from Italy. Information that is included includes, full name, date of birth, place of birth, reason for request, type of request.
Can someone get their record expunged? Yes, Generally speaking, the record of an individual is expunged once the individual reaches 80 years of age or death. As the Italian system hold information regarding pending trails, once the guilty verdict is confirmed, it can take 3—10 years for their record to be expunged. Information relating to the criminal records of Latvians is held at the Information Centre of the Ministry of the Interior. The aim of this Centre — through the collection of information relating to crime — is to facilitate and investigate the most effective ways in which crime can be prevented to ensure public safety.
If a Latvian individual needs a certificate of their criminal history, they can electronically request this through www. They may need this record of their criminal history to submit to employers, study overseas or enter into marriage. This record can only be obtained in person at the Ministry of Interior Information Centre or it can be received through registered mail. Therefore, information about an offender's criminal history is not accessible to all members of the public. In accordance with Latvian law, most criminal records are terminated after several years.