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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:


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 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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