§ 24-72-307 — Challenge to accuracy and completeness - appeals

(1) Any
person in interest who is provided access to any criminal justice records pursuant to
this part 3 shall have the right to challenge the accuracy and completeness of
records to which he has been given access, insofar as they pertain to him, and to
request that said records be corrected.

(2) If the custodian refuses to make the requested correction, the person in
interest may request a written statement of the grounds for the refusal, which
statement shall be furnished forthwith.

(3) In the event that the custodian requires additional time to evaluate the
merit of the request for correction, he shall so notify the applicant in writing
forthwith. The custodian shall then have thirty days from the date of his receipt of
the request for correction to evaluate the request and to make a determination of
whether to grant or refuse the request, in whole or in part, which determination
shall be forthwith communicated to the applicant in writing.

(4) Any person in interest whose request for correction of records is refused
may apply to the district court of the district wherein the record is found for an
order directing the custodian of such record to show cause why he should not
permit the correction of such record. A hearing on such application shall be held at
the earliest practical time. Unless the court finds that the refusal of correction was
proper, it shall order the custodian to make such correction, and, upon a finding that
the refusal was arbitrary or capricious, it may order the criminal justice agency for
which the custodian was acting to pay the applicant's court costs and attorney fees
in an amount to be determined by the court.

Legislative History

Source: L. 77: Entire part added, p. 1248, � 1, effective December 31.