Looking for any written policy with respect to providing defense counsel with copies of criminal history. some people are of the opinion that we need an order from the court to provide NCIC and TCIC because of confidential information. If any of you have a policy i would like to see a copy. can the defendant, in writing, allow for the disclosure? also, does anyone have as part of written plea agreements a waiver of preservation of evidence? we have one for drugs but not on any other cases. as always, thanks for feedback

From the TCIC/NCIC Terminal Operator Handbook

Government Code § 411.085. Unauthorized Obtaining, Use, or Disclosure of Criminal History Record Information; Penalty

(a) A person commits an offense if the person knowingly or intentionally:

(1) obtains criminal history record information in an unauthorized manner, uses the information for an unauthorized purpose, or discloses the information to a person who is not entitled to the information; or

(2) violates a rule of the department adopted under this subchapter.

(b) An offense under Subsection (a) is a Class B misdemeanor, except as provided by Subsection (c).

(c) An offense under Subsection (a) is a felony of the second degree if the person:

(1) obtains, uses, or discloses criminal history record information for remuneration or for the promise of remuneration; or

(2) employs another person to obtain, use, or disclose criminal history record information for remuneration or for the promise of remuneration.

(d) The department shall provide a copy of this section to:

(1) each person who applies for access to criminal history record information maintained by the department; and

(2) each private entity that purchases criminal history record information from the department.