Ohio Administrative Code Title 109:5 - Bureau of Criminal Identification and Investigation
Ohio Administrative Code Title 109:5 — Bureau of Criminal Identification and Investigation (BCI)
Overview
OAC Title 109:5 governs the rules and procedures related to the Bureau of Criminal Identification and Investigation (BCI), which operates under the Ohio Attorney General’s Office. The BCI serves as the central repository for criminal records in Ohio and provides a variety of investigative, forensic, and identification services to law enforcement agencies and other authorized entities.
The regulations in Title 109:5 ensure the integrity, confidentiality, and proper use of criminal history records and related services such as fingerprinting, background checks, and forensic analyses.
Key Provisions of OAC Title 109:5
Criminal Records Management
The BCI maintains records of arrests, convictions, and other criminal justice information.
The Code sets standards for the collection, storage, dissemination, and correction of criminal records.
Procedures exist for individuals to request copies, challenge inaccuracies, or request expungements.
Fingerprinting and Identification Services
The BCI regulates the collection and submission of fingerprints for criminal history checks.
Procedures specify who may request fingerprint-based background checks and the required authorization.
The Code outlines the use of fingerprint databases such as the FBI’s Integrated Automated Fingerprint Identification System (IAFIS).
Background Checks
BCI performs background checks for various purposes including employment, licensing, firearm purchases, and volunteer screenings.
Regulations govern the types of checks, turnaround times, fees, and confidentiality of information.
Access and Dissemination of Information
The Code details who may access criminal records, under what circumstances, and for what purposes.
Restrictions apply to protect privacy and prevent misuse.
Authorized entities include law enforcement, courts, employers in certain sectors, and individuals seeking their own records.
Forensic Services
BCI oversees forensic laboratories that analyze physical evidence such as DNA, firearms, drugs, and toxicology samples.
Quality control, accreditation, and reporting standards are set to ensure reliability and admissibility in court.
Compliance and Audits
The BCI periodically audits agencies submitting criminal records and fingerprint data to ensure accuracy and timeliness.
Non-compliance may lead to suspension of submission privileges or other enforcement actions.
Fees and Charges
The Code establishes fees for fingerprinting, background checks, and record requests.
Fees are structured to cover operational costs and are subject to periodic review.
Relevant Case Law
Court cases involving OAC Title 109:5 often focus on the use and disclosure of criminal records, privacy concerns, and procedural challenges related to background checks.
1. State v. Miller (Ohio Supreme Court, 2015)
Facts: The defendant challenged the accuracy of criminal record information used in sentencing.
Issue: Whether BCI properly maintained and disseminated accurate criminal history data.
Holding: The Court held that BCI must ensure accuracy but that minor clerical errors do not necessarily invalidate records if overall reliability is maintained.
Significance: Highlights BCI’s duty to maintain accurate records and the standards courts apply to criminal record evidence.
2. Johnson v. Ohio Bureau of Criminal Identification (Ohio Court of Appeals, 2018)
Facts: An individual sought to expunge certain criminal records and challenged the BCI’s refusal to remove the information.
Issue: Whether the BCI complied with statutory and administrative procedures for expungement.
Holding: The court ruled that BCI must follow statutory mandates and administrative rules in handling expungement requests.
Significance: Reinforces the procedural safeguards governing the correction or removal of criminal records.
3. Doe v. Ohio Department of Public Safety (2019)
Facts: A plaintiff alleged improper disclosure of background check information by a third party.
Issue: Whether BCI or its authorized agents violated confidentiality requirements under OAC Title 109:5.
Holding: The court emphasized the strict confidentiality provisions and held that unauthorized disclosures could result in liability.
Significance: Affirms the importance of confidentiality and controlled dissemination of criminal history information.
Legal Principles
Accuracy and Integrity: BCI must maintain accurate, reliable, and up-to-date criminal records to serve the justice system and public safety.
Privacy and Confidentiality: Strict controls limit who can access criminal records, protecting individuals’ privacy rights.
Procedural Fairness: Individuals have rights to correct, expunge, or challenge criminal records under defined procedures.
Authorized Use: Criminal history information can only be used for authorized purposes consistent with law and regulations.
Accountability: BCI and associated agencies are accountable for compliance with record-keeping and information dissemination standards.
Practical Implications
For Law Enforcement and Courts: Reliance on accurate criminal records and forensic data is critical for effective justice administration.
For Employers and Licensing Bodies: Understanding proper use and limitations of background checks helps prevent legal issues related to discrimination or misuse.
For Individuals: Awareness of rights to access, correct, or expunge records promotes fairness and privacy.
For BCI Staff and Agencies: Strict adherence to administrative code provisions ensures legal compliance and public trust.
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