The amount of the fee shall be forwarded to the Department of Justice, with two copies of applicant's or employee's fingerprint cards. Any provision of law to the contrary notwithstanding, the Department of Justice, shall, as provided in this section, furnish, upon application of a local public law enforcement agency all information pertaining to any person required to submit personal identification cards pursuant to this section if there is a record of the person in its office.
The designated school district or county superintendent shall not release a copy of that information to any participating district or any other person, shall retain or dispose of the information in the manner required by law after all participating districts have had an opportunity to inspect it in accordance with this section, and shall maintain a record of all persons to whom the information has been shown that shall be available to the Department of Justice to monitor compliance with the requirements of confidentiality contained in this section.
If no signed application form, medical form, binder, or similar document is involved in the underwriting transaction, the disclosure shall be made to the consumer in writing and mailed or otherwise delivered to the consumer not later than three days after the report was first requested. The disclosure shall include the name and address of any investigative consumer reporting agency conducting an investigation, plus the nature and scope of the investigation requested, and a summary of the provisions of Section B The person procuring or causing the report to be made provides a clear and conspicuous disclosure in writing to the consumer at any time before the report is procured or caused to be made in a document that consists solely of the disclosure, that: i An investigative consumer report may be obtained.
This clause shall become operative on January 1, C The consumer has authorized in writing the procurement of the report. The notification shall also include the name and address of the investigative consumer reporting agency that will prepare the report and a summary of the provisions of Section If the consumer wishes to receive a copy of the report, the recipient of the report shall send a copy of the report to the consumer within three business days of the date that the report is provided to the recipient, who may contract with any other entity to send a copy to the consumer.
The notice to request the report may be contained on either the disclosure form, as required by subdivision a , or a separate consent form. The copy of the report shall contain the name, address, and telephone number of the person who issued the report and how to contact them. These procedures shall require that prospective users of the information identify themselves, certify the purposes for which the information is sought and that the information will be used for no other purposes, and make the certifications described in paragraph 4 of subdivision a of Section From the effective date of this title, the investigative consumer reporting agency shall keep a record of the purposes for which information is sought, as stated by the user.
The investigative consumer reporting agency may assume that the purpose for which a user seeks information remains the same as that which a user has previously stated. The investigative consumer reporting agency shall inform the user that the user is obligated to notify the agency of any change in the purpose for which information will be used.
An investigative consumer reporting agency shall make a reasonable effort to verify the identity of a new prospective user and the uses certified by the prospective user prior to furnishing the user any investigative consumer reports.
Criminal Background Check
An investigative consumer reporting agency may not furnish an investigative consumer report to a person unless it has a written agreement that the investigative consumer reports will be used by that person only for purposes listed in Section An investigative consumer reporting agency shall retain the investigative consumer report for two years after the report is provided.
If the investigative consumer reporting agency does not have an Internet Web site, it shall, upon request, mail a written copy of the privacy statement to consumers. The privacy statement shall conspicuously include, but not be limited to, both of the following: A A statement entitled "Personal Information Disclosure: United States or Overseas," that indicates whether the personal information will be transferred to third parties outside the United States or its territories. B A separate section that includes the name, mailing address, e-mail address, and telephone number of the investigative consumer reporting agency representatives who can assist a consumer with additional information regarding the investigative consumer reporting agency's privacy practices or policies in the event of a compromise of his or her information.
Liability shall be in an amount equal to the sum of 1 any actual damages sustained by the consumer as a result of the unauthorized access, and 2 in the case of any successful action to enforce any liability under this section, the costs of the action together with reasonable attorney's fees, as determined by the court. B A position in the state Department of Justice. C That of a sworn peace officer or other law enforcement position. D A position for which the information contained in the report is required to be disclosed by law or to be obtained by the employer.
B "State summary criminal history information" does not refer to records and data compiled by criminal justice agencies other than the Attorney General, nor does it refer to records of complaints to or investigations conducted by, or records of intelligence information or security procedures of, the office of the Attorney General and the Department of Justice. The agency, officer, or official of the state authorized by this paragraph to receive state summary criminal history information may also transmit fingerprint images and related information to the Department of Justice to be transmitted to the Federal Bureau of Investigation.
The city or county, city and county, district, or the officer or official thereof authorized by this paragraph may also transmit fingerprint images and related information to the Department of Justice to be transmitted to the Federal Bureau of Investigation. When a local child support agency closes a support enforcement case containing summary criminal history information, the agency shall delete or purge from the file and destroy any documents or information concerning or arising from offenses for or of which the parent has been arrested, charged, or convicted, other than for offenses related to the parent's having failed to provide support for minor children, consistent with the requirements of Section of the Family Code.
Information from criminal history records provided pursuant to this subdivision shall not be used for any purposes other than those specified in this section and Section When an agency obtains records obtained both on the basis of name checks and fingerprint checks, final placement decisions shall be based only on the records obtained pursuant to the fingerprint check.
How many years back will a Background Check go?
This information may be used only for the purposes specified in Section Article 6 commencing with Section shall apply to officers, members, and employees of a tribal court receiving criminal record offender information pursuant to this section. The purposes for use of the information shall be for the purposes specified in Section When an agency obtains records on the basis of name checks and fingerprint checks, final placement decisions shall be based only on the records obtained pursuant to the fingerprint check. Article 6 commencing with Section shall apply to child welfare agency personnel receiving criminal record offender information pursuant to this section.
The information provided shall be limited to the record of convictions and any arrest for which the person is released on bail or on his or her own recognizance pending trial. The state summary criminal history information in the possession of the public utility or cable corporation and all copies made from it shall be destroyed not more than 30 days after employment or promotion or transfer is denied or granted, except for those cases where a current or prospective employee is out on bail or on his or her own recognizance pending trial, in which case the state summary criminal history information and all copies shall be destroyed not more than 30 days after the case is resolved.
Any public utility's or cable corporation's request for state summary criminal history information for purposes of employing current or prospective employees who may be seeking entrance to private residences or adjacent grounds in the course of their employment shall be deemed a "compelling need" as required to be shown in this subdivision.
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B For purposes of this paragraph, "cable corporation" means any corporation or firm that transmits or provides television, computer, or telephone services by cable, digital, fiber optic, satellite, or comparable technology to subscribers for a fee. C Requests for federal level criminal history information received by the Department of Justice from entities authorized pursuant to subparagraph A shall be forwarded to the Federal Bureau of Investigation by the Department of Justice.
Federal level criminal history information received or compiled by the Department of Justice may then be disseminated to the entities referenced in subparagraph A , as authorized by law. D i Authority for a cable corporation to request state or federal level criminal history information under this paragraph shall commence July 1, Only conviction information shall be furnished. The college or university may require the convicted felon to be fingerprinted, and any inquiry to the department under this section shall include the convicted felon's fingerprints and any other information specified by the department.
Tn gov background check
Requests for information pursuant to this paragraph shall be in accordance with the process described in Sections to , inclusive. The response shall be provided to the foreign government or its designee and to the individual who requested the information.
In addition, the Department of Justice may add a surcharge to the fee to fund maintenance and improvements to the systems from which the information is obtained. Notwithstanding any other law, any person or entity required to pay a fee to the department for information received under this section may charge the applicant a fee sufficient to reimburse the person or entity for this expense. All moneys received by the department pursuant to this section, Sections As used in this subdivision, a peace officer is defined in Chapter 4.
B Every arrest for an offense for which the applicant is presently awaiting trial, whether the applicant is incarcerated or has been released on bail or on his or her own recognizance pending trial. C Every arrest or detention, except for an arrest or detention resulting in an exoneration, provided however that where the records of the Department of Justice do not contain a disposition for the arrest, the Department of Justice first makes a genuine effort to determine the disposition of the arrest.
D Every successful diversion. E Every date and agency name associated with all retained peace officer or non-sworn law enforcement agency employee pre-employment criminal offender record information search requests. C Every arrest for an offense for which the records of the Department of Justice do not contain a disposition or did not result in a conviction, provided that the Department of Justice first makes a genuine effort to determine the disposition of the arrest.
However, information concerning an arrest shall not be disclosed if the records of the Department of Justice indicate or if the genuine effort reveals that the subject was exonerated, successfully completed a diversion or deferred entry of judgment program, or the arrest was deemed a detention. D Every date and agency name associated with all retained peace officer or non-sworn law enforcement agency employee pre-employment criminal offender record information search requests.
C Every arrest for an offense for which the Department of Social Services is required by paragraph 1 of subdivision a of Section of the Health and Safety Code to determine if an applicant has been arrested. However, if the records of the Department of Justice do not contain a disposition for an arrest, the Department of Justice shall first make a genuine effort to determine the disposition of the arrest.
B Section C Section of the Welfare and Institutions Code. D Any statute that incorporates the criteria of any of the statutory provisions listed in subparagraph A , B , or C , or of this subdivision, by reference. However, with the exception of those offenses for which registration is required pursuant to Section , the Department of Justice shall not disseminate information pursuant to this subdivision unless the conviction occurred within 10 years of the date of the agency's request for information or the conviction is over 10 years old but the subject of the request was incarcerated within 10 years of the agency's request for information.
FAIR CREDIT REPORTING ACT (FCRA)
B Every arrest for a violation or attempted violation of an offense specified in subdivision a of Section of the Welfare and Institutions Code for which the applicant is presently awaiting trial, whether the applicant is incarcerated or has been released on bail or on his or her own recognizance pending trial.
B Every arrest for a violation or attempted violation of an offense specified in Section of the Financial Code for which the applicant is presently awaiting trial, whether the applicant is incarcerated or has been released on bail or on his or her own recognizance pending trial. This subdivision shall not supersede sections that mandate an agency, organization, or individual to contract with the Department of Justice for subsequent notification pursuant to Section When furnished other than in person, the copy shall be delivered to the last contact information provided by the applicant.
Section Nothing in this section shall authorize the notification of a subsequent disposition pertaining to a disposition that does not result in a conviction, unless the department has previously received notification of the arrest and has previously lawfully notified a receiving entity of the pending status of that arrest.
When the department supplies subsequent arrest or disposition notification to a receiving entity, the entity shall, at the same time, expeditiously furnish a copy of the information to the person to whom it relates if the information is a basis for an adverse employment, licensing, or certification decision.
The Department of Justice shall terminate state or federal subsequent notification on any applicant upon the request of the licensing, employment, certifying, or approving authority. The entity shall not record or otherwise retain any information received as a result of the subsequent notice. Employer use of consumer credit information; Violation; Short title; Definitions 1 This section shall be known and may be cited as the "Employment Opportunity Act" 2 As used in this section: a "Adverse action" means: i for an applicant for employment, denial of employment; and ii for an employee, demotion, reassignment to a lower-ranked position or to a position with a lower level of compensation, decrease in compensation level, denial of promotion, or termination of employment; or iii any other decision for employment purposes that adversely affects an employee or applicant.
An employer or employer's agent, representative, or designee shall not require an employee to consent to a request for a credit report that contains information about the employee's credit score, credit account balances, payment history, savings or checking account balances, or savings or checking account numbers as a condition of employment unless: i the employer is a bank or financial institution; ii the report is required by law; or iii the report is substantially related to the employee's current or potential job and the employer has a bona fide purpose for requesting or using information in the credit report that is substantially related to the employee's current or potential job and is disclosed in writing to the employee.
The employer shall make the disclosure required under this subsection 4 to an employee in writing or to an applicant using the same medium in which the application was made. Nonpublic schools — employment of personnel — notification by department of education. The governing board shall forward the set of fingerprints together with a check to cover the direct and indirect costs of conducting a fingerprint-based criminal history record check of the applicant or employee to the Colorado bureau of investigation for the purpose of conducting a state and national fingerprint-based criminal history record check utilizing records of the Colorado bureau of investigation and the federal bureau of investigation.click here
Tennessee Public Records
The department shall be the authorized agency to receive and disseminate information regarding the result of any national criminal history record check. Any such national check shall be handled in accordance with Pub. The department shall notify the governing board whether a fingerprint-based criminal history record check has identified any conviction, plea of nolo contendere, deferred sentence, or deferred prosecution described in subsection 1 of this section.
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Such costs may be passed on to the employee or the prospective employee. Any person who releases information obtained pursuant to the provisions of said subsection 1 or who makes an unauthorized request for information from the department shall be subject to the penalties set forth in section , C. Board of education — specific duties — employment of -- personnel. The district shall also notify the employee that information concerning the employee's dismissal or resignation is being forwarded to the department of education unless the notice would conflict with the confidentiality requirements of the "Child Protection Act of ", part 3 of article 3 of title 19, C.
A public school district or charter school shall not enter into a settlement agreement that would restrict the school district or charter school from sharing any relevant information related to a conviction for child abuse or a sexual offense against a child as defined by section Any person who releases information obtained pursuant to the provisions of said subsections or who makes an unauthorized request for information from the department shall be subject to the penalties set forth in section , C.
Applicants selected for nonlicensed positions — submittal of form and fingerprints — prohibition against employing persons failing to comply — department database.
Said fingerprints and form shall be submitted to the school district at the time requested by such school district.