Sharing criminal records: two new interstate compacts enhance public safety by improving the exchange of information.

• Author: Harrison, Blake

Demand for criminal history information has skyrocketed as an increasing number of states require background checks; some of this is due to the events of Sept. 11.

The USA Patriot Act passed by congress in the fall of 2001, for example, requires a fingerprint background check of every truck driver with a commercial driver's license and a hazardous materials endorsement. This is a tremendous task, says Wilbur W. Rehmann, project manager of the Montana Criminal Justice Information Services. "In Montana, we have approximately 30,000 truck drivers who will need to have background checks conducted."

Even before this, states wanted to know about any criminal, backgrounds of teachers, day care providers, elderly caregivers and volunteers. "This puts a tremendous strain on state information centers," said Rehmann.

The National Crime Prevention and Privacy Compact, now with 16 participating states, aids in the exchange of crime records for non-criminal justice purposes, such as background checks.

The compact standardizes procedures for releasing information, while protecting the rights of individuals and recognizing differences in state policy regarding the use of records. The eventual benefits of the compact, says Gary Cooper, the executive director for SEARCH Group Inc., is the "elimination of duplicate record-keeping by both states and the FBI." SEARCH is a nonprofit membership organization created by and for the states, which is dedicated to improving the criminal justice system.

"It will also lead to more complete and higher quality records, increased system security and faster response to requests for information," he says. "These built-in efficiencies will result in savings to states that already have suitable automated systems."

Some legislators are concerned that they may lose control over their information. Every state controls how criminal records are distributed; however, they cannot dictate how their information is used in other states. For most states this is not an issue because 43 already release substantially the same information to the FBI's database, which then releases the information according to the law in the receiving state. The compact simply standardizes what information is made available.

The now ratified Interstate Compact for Adult Offender Supervision is another project that aims to improve public safety by sharing information. The compact went into effect June 19, 2002, when Pennsylvania became the 35th to ratify it...