Noncriminal Justice Criminal History Records Checks: Briefing

Owen GreenspanDirector, Law and Policy Program

R & R

Meet Deborah Edwards

The Beginning

• The Law Enforcement Assistance Administration (now OJP)

• 6 Participant States― AZ, CA, MD, MI, MN, NY

• 4 Observer States― CT, FL, TX, WA

A History of Influence on National and State Policy

• 1970 – Security and Privacy Considerations in Criminal History Information Systems

• 1971 – A Model State Act for Criminal Offender Record Information

• 1974 – First Membership Resolution supports national CCH system based on the “pointer concept”

• 1975 – Standards for Security and Privacy of Criminal Justice Information: the foundation for 28 C.F.R. Part 20

• 1979 – Membership Resolution urges Congress and DOJ to take certain actions leading to creation of a nationwide criminal history program

• 1986 – Automated Fingerprint Identification Systems: Technology and Policy Issues

• 1993 – Membership Resolution urges DOJ and the Congress to take certain actions leading to ratification of the proposed Interstate and Federal-State Compact

A History of Influence on National and State Policy

• 1995 – Increasing the Utility of the Criminal History Record: Report of the National Task Force

• 1998 – Membership Resolution supports fingerprints, state-level checks and fee-setting discretion for noncriminal justice purpose background checks

• 2000 – National Task Force Report on Federal Legislation Imposing Reporting Requirements and Expectations on the Criminal Justice System

A History of Influence on National and State Policy

• 2006 – Report of the National Task Force on the Criminal Backgrounding of America

• February 2007 – “Workshop on Expanding Access to Criminal History Information and Improving Criminal Record Backgrounding”

• February 2007 – Membership debates response to Attorney General’s Report on Criminal History Background Checks

A History of Influence on National and State Policy

SEARCH is an acronym. What does

S-E-A-R-C-H stand for?

S-E-A-R-C-H = System for the

Electronic Analysis, and Retrieval

of Criminal History

Events since February 2007

• State Legislative Activity

• Federal Background Check Activity

• Congressional Hearing

Since February how many of your Legislatures

have either introduced or passed background

check legislation?

Arizona• Employees of in-home personal care services• Teaching certificates

California• After-school physical recreation instructors• In-house supportive services applicants

Colorado• Prescription drug wholesaler • Certain motor vehicle carrier employees and

contractors

State Legislative Activity

Connecticut• Mortgage lenders• Operators of student transportation vehicles• Vital Records Unit employees

Delaware• Pharmacists• License applicants – debt management

services• Applicants to provide sex offender treatment

and services• Nursing practitioners

State Legislative Activity

Florida• Sheriff’s Office employees• Construction and housing industry contractors• Allows certain educational entities to share

criminal record background information

Georgia• Check sellers, mortgage lenders and brokers• Owners of personal care homes, home care

providers, child welfare agencies• Foster care and adoptions

State Legislative Activity

Idaho• Supervised access providers in domestic relations

cases• New licensees: Housing manufacturers, retailers,

installers, service companies and salespeople

Illinois• Foster care and adoption parents• Nonpublic school employees• Carnival workers• Long-term care facility employees

Indiana• Mortgage brokers

State Legislative Activity

Louisiana• Foreign nationals applying for driver’s license• Applicants for licensure to practice psychology

Maryland• License reinstatement – nurses

Maine• Loan brokers and officers• Court-appointed guardian or conservator

Montana• Initial licensure as a professional employer

organization

State Legislative Activity

North Carolina• Applicants for Office of Information Technology

Services positions• Physicians and physician assistants• Mental health facility employees

New Hampshire• Certain categories of school volunteers

Nevada• Profoundly gifted school employees

State Legislative Activity

New York• Nonpublic and private school employees• Special education school employees

Oklahoma• Agency employees – companion and sitter

services• Legal guardians• Court-appointed special advocates for children

Tennessee• Students entering teacher-training programs• Fire protection personnel

State Legislative Activity

Texas• Employer-based daycare facility caregivers• Employed guardians• Volunteer mentors under the Preparation for Adult

Living program• Real estate brokers• Nursing license applicants• Persons involved with health care benefits and

services• Employees and volunteers with the State appellate

courts• Public school employees

Vermont• Foster parents

State Legislative Activity

Federal Background Check Activity

Federal Background Check Activity

• Require DoD to perform background checks on all unescorted visitors to military installations

• Nuclear Regulatory Commission (NRC) ordered General Electric to conduct background checks on all persons with access to “Safeguards Information” as a result of contract work

• NRC ordered fingerprint criminal history checks for anyone with unescorted access to spent fuel storage facilities

Congressional Hearing

Congressional Hearing

Employer Criminal Background Check Access April 26, 2007

“There are complaints that state processes are inefficient and require an inordinately long waiting period for information that may be critical to safety, as well as filling positions critical to effective operations of a business or an organization.”

From Opening Statement ofChairman Bobby Scott (D-VA)

House Judiciary Subcommittee onCrime, Terrorism and Homeland Security

“Each state’s request for an FBI-maintained

criminal history record must be submitted

through its criminal history record

repository. This allows the state repository

to compare its records with FBI-maintained

records to ensure completeness and

accuracy.”

Rep. J. Randy Forbes (R-VA)

Ranking Minority Member

Congressional Hearing

Ad Hoc Committee

• Brad Bates (Kentucky)

• Mike Lesko (Texas)

• Debbie McKinney (Oklahoma)

• Liane Moriyama (Hawaii)

• Dave Sim (Kansas)

• Judy Volk (North Dakota)

19 Recommendations: National Task Force

on the Criminal Backgrounding of America

Priority Concerns about AG’s Report

• Funding Issues

• The Role of Third-Party or Consumer Agencies

• Increased State Participation and Consultation

• Privacy Safeguards

Starting Point for Today:7 Draft Resolutions

1. The Role of Third-Party or Consumer Agencies

2. State Participation and Consultation

3. Funding Issues Related to the Attorney General’s Report on Criminal History Background Checks

Starting Point for Today:7 Draft Resolutions

4. Reaffirming Support for Returning the Criminal Record to the Requestor

5. Turnaround Time for Noncriminal Justice Record Checks

6. Privacy Protections and Criminal History Background Checks

7. Support for National Criminal Justice Record Infrastructure

A Story About Fred

Once Upon a Time…..in California….before Gary there was Nick….and before Nick there was Jack….and before Jack therewas Fred……