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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.

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