About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline

LOG IN
LOG IN


2023 Op. Ky. Att'y Gen. 1 (2023)

handle is hein.sag/sagky0057 and id is 1 raw text is: Daniel Cameron Attorney General Subject: Requested by: Written by: Syllabus: Commonwealth of Kentucky Office of the Attorney General Capitol Building, Suite 118 700 Capital Avenue Frankfort, Kentucky 40601 (502) 696-5300 Fax: (502) 564-2894 January 3, 2023 OAG 23-01 Whether federal agencies have authority to require Kentucky agencies to disclose criminal history information for background checks and national security review procedures. David J. Hicks, Chief Law Enforcement Liaison Defense Counterintelligence and Security Agency Rachel Wright Assistant Attorney General Subject to consent by the individual being investigated and a request by a covered federal agency, Kentucky criminal justice agencies shall provide criminal history information for purposes of background checks and national security review procedures. Opinion of the Attorney General The Defense Counterintelligence and Security Agency has asked the Office of the Attorney General to clarify whether criminal justice agencies in Kentucky are authorized and required to release criminal history record information to covered federal agencies under 5 U.S.C. § 9101. For the reasons that follow, it is the opinion of this Office that criminal justice agencies in Kentucky are required to provide criminal history background information upon request to a covered federal agency insofar as the individual under investigation has consented.