The SHARE Act of 2025 facilitates the sharing of criminal history records between the FBI and state licensing authorities for background checks required by interstate compacts, ensuring individuals seeking licenses or privileges to work across state lines meet necessary standards.
Tracey Mann
Representative
KS-1
The SHARE Act of 2025 allows the FBI to share criminal history records with state licensing authorities for background checks required by interstate compacts. States can only use this information for these specific background checks and must adhere to federal regulations regarding its use and dissemination. This ensures that individuals seeking licenses or privileges to work in compact member states undergo necessary criminal history screenings. The bill defines key terms to ensure consistent interpretation and implementation across states.
SHARE Act Mandates FBI Criminal History Sharing for Interstate Job Licensing
This bill, the SHARE Act of 2025, sets up a system requiring the FBI Director to share criminal history records with state licensing authorities. This sharing happens specifically when an interstate compact—an agreement between states—requires a background check for someone applying for a professional license or privilege to work in one of the member states.
Streamlining State-to-State Work
Think about professions where licenses are common, like nursing, teaching, or therapy. Many states have joined compacts to make it easier for these professionals to work across state lines without getting a whole new license each time. Section 2 of this act directly supports these compacts. It mandates that the FBI provide the necessary criminal history data to a state's licensing body (like a state nursing board) if that compact requires a background check. This information flows through an agreement between the FBI and a state law enforcement agency or identification bureau.
Guardrails on Information Use
The act is specific about how this sensitive information can be used. States receiving the FBI data can only use it for the purpose of conducting the required background check for that specific license or privilege. They are explicitly prohibited from sharing the detailed criminal history record information with other entities. The only information they can share with the overarching compact Commission (the body overseeing the interstate agreement) is whether the individual passed the background check – essentially a 'yes' or 'no' on suitability based on the criminal history criteria, not the specifics of the record itself. This aims to balance the need for background checks with privacy concerns.
Defining the Terms
To ensure everyone operates under the same understanding, the bill clearly defines key terms. It specifies what counts as "criminal history record information," clarifies what constitutes a "license" or "privilege" under these compacts, and defines the roles of the "State licensing authority" and the compact "Commission." This standardization is crucial for the smooth functioning of these interstate agreements, ensuring that the process for sharing and using background check information is consistent across participating states.