Criminal History Access Act of 2025
- Sponsor
- Sen. Moran, Jerry [R-KS]
- Committees
- Judiciary Committee (primary)
- Last action
- May 12, 2025
Bottom line
The bill expands federal criminal history record access to state POST agencies, aiming to improve the screening and accountability of law enforcement officers nationwide.
What it actually does
This bill amends title 28, United States Code, to authorize state peace officer standards and training (POST) agencies to access criminal history records maintained by the Department of Justice. It also directs the Attorney General to amend relevant federal regulations within 180 days to facilitate this new access. The primary goal is to enhance the vetting and oversight capabilities of state agencies responsible for certifying and licensing law enforcement officers.
Proponents argue
Supporters argue that providing state POST agencies with direct access to comprehensive federal criminal history records is a critical step towards ensuring that individuals with disqualifying criminal backgrounds are not certified or retained as law enforcement officers. This measure is seen as vital for enhancing public safety, improving the professionalism of police forces, and rebuilding public trust in law enforcement by strengthening accountability mechanisms.
Opponents contend
Critics might raise concerns regarding the expansion of access to sensitive personal data, citing potential risks to individual privacy and the possibility of data misuse or security breaches if not adequately protected. They may advocate for stricter limitations on the scope of information shared or more robust oversight mechanisms to prevent unintended consequences.
The bill is exceptionally short and clearly written, allowing for a complete understanding of its provisions in a very short amount of time.
Section 3(a), amending 28 U.S.C. 534(e)
Expanding Criminal History Record Access for State POST Agencies
This provision modifies existing federal law (28 U.S.C. 534(e)) to explicitly grant state Peace Officer Standards and Training (POST) agencies the authority to access criminal history records maintained by the Department of Justice. Currently, access to such records is typically restricted to law enforcement agencies for specific purposes. This change enables state agencies responsible for the certification, licensing, and oversight of police officers to utilize federal criminal background information in their vetting and retention processes.
Supporters argue
Supporters argue that providing POST agencies with direct access to comprehensive criminal history records is essential for preventing individuals with disqualifying criminal backgrounds from becoming or remaining law enforcement officers. This measure is seen as a crucial step to enhance accountability, professionalism, and public trust in police forces by ensuring a higher standard for those who serve.
Critics contend
Critics might express concerns about the expansion of access to sensitive personal data, potentially leading to privacy infringements or increasing the risk of data misuse if not adequately secured. They may argue for stricter oversight or limitations on the types of records accessible to mitigate these risks.
Tradeoffs
This provision balances the imperative for robust vetting of law enforcement officers to ensure public safety and accountability against potential privacy concerns and the risks associated with expanding access to sensitive criminal history data to a broader range of state entities.
Section 3(b)
Mandate for Regulatory Amendments by the Attorney General
This section directs the Attorney General to amend part 20 of title 28, Code of Federal Regulations, within 180 days after the bill's enactment. These regulatory changes are necessary to establish the specific procedures, safeguards, and guidelines for how POST agencies will access and utilize the newly authorized criminal history records, ensuring the effective and secure implementation of the Act.