; (ii) in the course of questioning by a law enforcement officer in connection with a subsequent criminal investigation; or (iii) in connection with employment described in subclause (I) or (II) of paragraph (3)(A)(ii) that the individual is seeking. (3) Background checks Except as provided in paragraph (4), a sealed record of a covered individual shall not be included in any background check conducted on the covered individual. (4) Law enforcement and court exception (A) Access An officer or employee of a law enforcement agency or a court may access a sealed record of a covered individual in the possession of the agency or court, or another law enforcement agency or court, solely— (i) for investigatory or prosecutorial purposes; or (ii) for a background check that relates to— (I) employment with a law enforcement agency; or (II) any position that a Federal agency designates as a— (aa) national security position