South Carolina § 23-3-90 Criminal history record checks; fingerprints.

South Carolina Statutes

§ 23-3-90 — Criminal history record checks; fingerprints.

South Carolina § 23-3-90

Title 23LAW ENFORCEMENT AND PUBLIC SAFETY

Ch. 3SOUTH CAROLINA LAW ENFORCEMENT DIVISION

This text of South Carolina § 23-3-90 (Criminal history record checks; fingerprints.) is published on Counsel Stack Legal Research, covering South Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

S.C. Code Ann. § 23-3-90 (2026).

Text

(A)Notwithstanding any other provision of law, this section governs the authorizations and procedures that apply when an agency in this State is authorized by statute to request state and federal criminal history record checks to be conducted by the State Law Enforcement Division (SLED) and the Federal Bureau of Investigations (FBI), supported by fingerprints.

(B)SLED is authorized to retain these fingerprints and to provide notification to authorized recipients of any criminal history record changes. Retained fingerprints may be searched by future submissions to SLED, including latent fingerprint searches, and appropriate responses may be sent to authorized recipients.

(C)SLED, upon the request of an authorized recipient, may submit fingerprints collected to the FBI's Next Generation I

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(A) Notwithstanding any other provision of law, this section governs the authorizations and procedures that apply when an agency in this State is authorized by statute to request state and federal criminal history record checks to be conducted by the State Law Enforcement Division (SLED) and the Federal Bureau of Investigations (FBI), supported by fingerprints. (B) SLED is authorized to retain these fingerprints and to provide notification to authorized recipients of any criminal history record changes. Retained fingerprints may be searched by future submissions to SLED, including latent fingerprint searches, and appropriate responses may be sent to authorized recipients. (C) SLED, upon the request of an authorized recipient, may submit fingerprints collected to the FBI's Next Generation Identification (NGI) system and the FBI is authorized to retain these fingerprints within the NGI system. Retained fingerprints may be searched by future submissions to the NGI system, including latent fingerprint searches, and appropriate responses may be sent to SLED and authorized recipients. (D) The results of these criminal history record checks and notifications must only be reported to SLED and authorized recipients and cannot be further disseminated. (E) SLED may charge a reasonable fee for the collection and retention of fingerprints. SLED may charge an additional reasonable fee to agencies who elect to receive notifications from the NGI system. (F) The following definitions apply to this section: (1) "Agency" means offices, departments, bureaus, and other subdivisions associated with a particular government agency's organizational structure. (2) "Authorized recipients" means the agency authorized to receive criminal history record information (CHRI) by a statute that has been approved by the FBI pursuant to Pub. L. 92-544 or any other applicable federal law.

Legislative History

HISTORY: 2025 Act No. 30 (S.79), SECTION 2, eff May 12, 2025. Editor's Note 2025 Act No. 30, SECTION 3, provides as follows: "SECTION 3. Nothing contained in this section may be construed to repeal, replace, or preclude application of any other statute." ARTICLE 3 Criminal Information and Communication System