PolicyBrief
S. 1712
119th CongressMay 12th 2025
Criminal History Access Act of 2025
IN COMMITTEE

The Criminal History Access Act of 2025 amends federal law to explicitly grant access to criminal history records for state peace officer standards and training agencies.

Jerry Moran
R

Jerry Moran

Senator

KS

LEGISLATION

New Federal Act Clarifies Who Gets Access to Criminal History Records: Focus on Police Training Agencies

If you’ve ever filled out a background check form, you know how heavily criminal history records weigh on everything from job applications to apartment leases. This new piece of legislation, the Criminal History Access Act of 2025, isn't rewriting the rules for your background check, but it is clarifying who among law enforcement’s training bodies gets to access these records at the federal level. The bill essentially makes a few administrative tweaks to existing federal law (specifically Title 28, Section 534(e)), ensuring that state and territorial agencies responsible for training police officers are formally included in the system that handles criminal history information.

The Fine Print: Defining the Gatekeepers

The most important thing this bill does is define a new player in the system: the “peace officer standards and training agency.” Think of these agencies as the HR and quality control departments for police forces in each state. They are the ones that certify, license, and set the ethical standards for officers. By formally defining and acknowledging these agencies in federal law (SEC. 2), the Act ensures they are recognized when it comes to accessing necessary criminal history records for their work.

Another key definitional change is expanding the term “State.” When this law says “State,” it’s not just talking about the 50 states; it explicitly includes territories like Puerto Rico, Guam, and the Virgin Islands. This is an important step toward administrative consistency, making sure the rules for police training and record access are applied across the board, not just on the mainland.

What This Means for Law Enforcement Training

The core action here is amending Title 28 of the U.S. Code (SEC. 3). This is the federal statute that dictates who can access criminal history records maintained by the FBI and other federal entities. By adding “peace officer standards training agencies” to this code, the bill ensures that these training bodies—the ones responsible for vetting and certifying new police officers—have the necessary legal footing to check the background of potential recruits or current officers. For example, if a state PSTA is reviewing an officer’s certification, they need to know if that officer has a criminal history that might disqualify them. This Act clarifies their right to that information under federal rules.

The 180-Day Clock for the Attorney General

This isn't just a paper change; it triggers immediate administrative action. The bill mandates that the U.S. Attorney General has only 180 days from the Act’s enactment to update the federal regulations that govern how these records are accessed (part 20 of title 28 of the Code of Federal Regulations). This means a relatively quick turnaround for federal agencies to update their procedures to officially recognize and integrate these state and territorial training agencies into the record access system.

Ultimately, for the average person, this bill is mostly procedural. It’s an administrative cleanup that aims to improve consistency and standardization in the law enforcement certification process. It clarifies which agencies are authorized to access sensitive federal criminal history data, which, in theory, should lead to better vetting of the people policing our streets. While this expansion of access is highly specific and limited, any change to who can view sensitive criminal history data is worth watching, as it needs to be implemented carefully to protect privacy while ensuring public safety.