H.R. 8352 — Criminal History Access Act, as amended
Executive Summary
H.R. 8352, the 'Criminal History Access Act of 2026,' amends federal law to explicitly authorize the FBI and Department of Justice to share criminal history records with state-level Peace Officer Standards and Training (POST) agencies. Under the status quo, while local police departments can access federal criminal databases for hiring purposes, the state boards responsible for certifying and decertifying officers often face bureaucratic hurdles or lack direct statutory authorization to access these same records. By closing this gap, the bill empowers state oversight bodies to thoroughly vet law enforcement personnel, helping to prevent 'wandering officers' with criminal backgrounds from quietly moving between jurisdictions.
Arguments For
- Accountability Win: Provides a concrete, bipartisan solution to the 'wandering officer' problem by ensuring state licensing boards have the full criminal history of officers they are certifying or decertifying.
- Administrative Efficiency: Removes existing bureaucratic friction that forces POST agencies to rely on local departments to run federal background checks on their behalf.
- Broad Appeal: Satisfies both law enforcement organizations seeking to professionalize the force and reform advocates demanding stricter oversight of police misconduct.
Likely Supporters
Arguments Against
- Privacy Concerns: Civil liberties advocates generally oppose expanding access to federal criminal databases, citing risks of data misuse or over-broad dissemination of sealed/expunged records.
- Implementation Friction: May temporarily increase the administrative burden on the FBI's Criminal Justice Information Services (CJIS) division as 50+ new state agencies plug directly into the system.
Likely Opponents
📋 Key Provisions
- Amends 28 U.S.C. 534 to explicitly include 'peace officer standards and training agencies' among the authorized entities that can exchange criminal records and information with the Federal Government.
- Defines a 'peace officer standards and training agency' as a State agency with statutory authority to set standards for the hiring, training, ethical conduct, and retention of law enforcement officers through certification or licensing.
- Defines 'State' broadly to include the 50 states, the District of Columbia, Puerto Rico, and other U.S. territories and possessions.
- Mandates the Attorney General to amend part 20 of title 28, Code of Federal Regulations, within 180 days of enactment to implement the Act.
search
Verification Guide
BETA
expand_more
Don't trust AI? Don't worry, neither do I. Verify the claims yourself.
Adds peace officer standards and training agencies to the list of authorized entities for criminal record exchange.
"ards and training agencies, Indian tribes"
Defines 'peace officer standards and training agency' based on statutory authority over hiring, training, and ethical conduct.
"the term ‘peace officer standards and train-"
Requires the Attorney General to update relevant federal regulations within 180 days.
"Not later than 180 days after the"