18 U.S.C. § 3662 — Conviction records
submitted 56 years ago by Pub. L. 91-452 to r/title-18-CRIMES-AND-CRIMINAL-PROCEDURE · 411 words · no verdicts yet
The Attorney General may create a federal repository for certain conviction records. Courts must send certified records of covered convictions and later validity decisions, and the records are not public.
(a) The Attorney General may establish a Department* of Justice repository for conviction records and decisions about whether convictions are valid.
(b) When a defendant is later convicted in a covered United States, District of Columbia, Puerto Rico, territorial, possession, local, or government-instrumentality court of an offense punishable there by death or more than one year in prison, or when a court decides on collateral review that such a conviction is valid, the court must send the repository a certified record in the form and with the information required by the Attorney General’s regulations.
(c) Repository records are not public. Certified copies (1) may be given for law-enforcement purposes to a covered federal, District of Columbia, Puerto Rico, territorial, possession, local, or government-instrumentality court or law-enforcement or corrections officer on request; (2) may be given for such purposes to a State or its political subdivision or agency* only if that State requires its covered courts to send comparable certified records to the repository; and (3) are initial evidence in the listed covered courts that the convictions occurred and whether a court later found them invalid on collateral review.
(d) Before issuing regulations under this section, the Attorney General must give reasonable public notice and interested parties an opportunity for a hearing.
The Attorney General of the United States is authorized to establish in the Department* of Justice a repository for records of convictions and determinations of the validity of such convictions.
Upon the conviction thereafter of a defendant in a court of the United States*, the District of Columbia, the Commonwealth of Puerto Rico, a territory or possession of the United States, any political subdivision, or any department, agency*, or instrumentality thereof for an offense punishable in such court by death or imprisonment in excess of one year, or a judicial determination of the validity of such conviction on collateral review, the court shall cause a certified record of the conviction or determination to be made to the repository in such form and containing such information as the Attorney General of the United States shall by regulation prescribe.
Records maintained in the repository shall not be public records. Certified copies thereof—
may be furnished for law enforcement purposes on request of a court or law enforcement or corrections officer of the United States, the District of Columbia, the Commonwealth of Puerto Rico, a territory or possession of the United States, any political subdivision, or any department, agency, or instrumentality thereof;
may be furnished for law enforcement purposes on request of a court or law enforcement or corrections officer of a State, any political subdivision, or any department, agency, or instrumentality thereof, if a statute of such State requires that, upon the conviction of a defendant in a court of the State or any political subdivision thereof for an offense punishable in such court by death or imprisonment in excess of one year, or a judicial determination of the validity of such conviction on collateral review, the court cause a certified record of the conviction or determination to be made to the repository in such form and containing such information as the Attorney General of the United States shall by regulation prescribe; and
shall be prima facie evidence in any court of the United States, the District of Columbia, the Commonwealth of Puerto Rico, a territory or possession of the United States, any political subdivision, or any department, agency, or instrumentality thereof, that the convictions occurred and whether they have been judicially determined to be invalid on collateral review.
The Attorney General of the United States shall give reasonable public notice, and afford to interested parties opportunity for hearing, prior to prescribing regulations under this section.
Source credit: (Added Pub. L. 91–452, title X, § 1001(a), Oct. 15, 1970, 84 Stat. 951, § 3578; renumbered § 3662, Pub. L. 98–473, title II, § 212(a)(1), Oct. 12, 1984, 98 Stat. 1987.)
- 1970Enacted · Pub. L. 91-452 · 84 Stat. 951
- 1984Amended · Pub. L. 98-473 · 98 Stat. 1987
A history note hasn’t been published yet. The record shows enactment by Pub. L. 91-452 on 1970-10-15.
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