Page:United States Statutes at Large Volume 112 Part 3.djvu/48

 112 STAT. 1878 PUBLIC LAW 105-251—OCT. 9, 1998 (17) NONPARTY STATE.— The term "Nonparty State" means a State that has not ratified this Compact. (18) NONCRIMINAL JUSTICE PURPOSES.— The term "noncriminal justice purposes" means uses of criminal history records for purposes authorized by Federal or State law other than purposes relating to criminal justice activities, including employment suitability, licensing determinations, immigration and naturalization matters, and national security clearances. (19) PARTY STATE.— The term "Party State" means a State that has ratified this Compact. (20) POSITIVE IDENTIFICATION.—The term "positive identification" means a determination, based upon a comparison of fingerprints or other equally reliable biometric identification techniques, that the subject of a record search is the same person as the subject of a criminal history record or records indexed in the III System. Identifications based solely upon a comparison of subjects* names or other nonunique identification characteristics or numbers, or combinations thereof, shall not constitute positive identification. (21) SEALED RECORD INFORMATION.— The term "sealed record information" means— (A) with respect to adults, that portion of a record that is— (i) not available for criminal justice uses; (ii) not supported by fingerprints or other accepted means of positive identification; or (iii) subject to restrictions on dissemination for noncriminal justice purposes pursuant to a court order related to a particular subject or pursuant to a Federal or State statute that requires action on a sealing petition filed by a particular record subject; and (B) with respect to juveniles, whatever each State determines is a sealed record under its own law and procedure. (22) STATE. —The term "State" means any State, territory, or possession of the United States, the District of Columbia, and the Commonwealth of Puerto Rico. ARTICLE II—PURPOSES The purposes of this Compact are to— (1) provide a legal framework for the establishment of a cooperative Federal-State system for the interstate and Federal-State exchange of criminal history records for noncriminal justice uses; (2) require the FBI to permit use of the National Identification Index and the National Fingerprint File by each Party State, and to provide, in a timely fashion, Federal and State criminal history records to requesting States, in accordance with the terms of this Compact and with rules, procedures, and standards established by the Council under Article VI; (3) require Party States to provide information and records for the National Identification Index and the National Fingerprint File and to provide criminal history records, in a timely fashion, to criminal history record repositories of other States and the Federal Government for noncriminal justice purposes, in accordance with the terms of this Compact and with rules,

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