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Hull v. Pennsylvania State Police

State Police properly denied Petitioner's request for a criminal record check and DNA test results, made under the Right-to-Know Act, because neither is a public record; State Police properly refused Petitioner's request for a waiver of the fee for the criminal record check because they are not authorized to waive the fee under the Crime History Record Information Act.

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Submitted: February 2, 2001

Donald R. Hull (Petitioner) appeals, pro se, from the decision of the Pennsylvania State Police (State Police) denying his request under the “Right-to-Know Act” *fn1 for his criminal history record information *fn2 and DNA test results procured under the DNA Detection of Sexual and Violent Offenders Act, (DNA Act), Act of May 28, 1995, P.L. 1009 (Spec. Sess. No. 1), 35 P.S. ��7651.101-7651.1102, as well as denying his request for a waiver of fees.

On July 3, 2000, Petitioner wrote to the State Police requesting a copy of his criminal record check under the Right-to-Know Act. The State Police responded advising Petitioner that he needed to complete a Form SP4-164, “Request for Criminal Record Check” and send either a certified check or money order for $10.00 payable to the “Commonwealth of Pennsylvania.” Petitioner sent back a completed form but requested a waiver of the $10.00 fee. In his response, Petitioner also made a Right-to-Know request for the results of his DNA test processed by the State Correctional Institute (SCI) – Mahanoy. While it would make his criminal record check available to him under the Criminal History Record Information Act if he paid the $10.00 fee, on September 28, 2000, the State Police denied that request as well as his request for his DNA results because the information he sought was not a “public record” under the Right-to-Know Act. Petitioner then filed this appeal from the State Police denial of his request. *fn3

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