Employment and Student Teacher Reference Checks

As set forth below, each applicant for a position with the Hamden Public Schools (the “District”), and each student who is enrolled in a teacher preparation program with the District, as defined in section 10-10a of the Connecticut General Statutes, and completing a student teaching experience in the District (collectively referred to as “applicants”), shall be asked to provide in writing: (1) whether the applicant has ever been convicted of a crime; (2) whether there are any criminal charges pending against the applicant at the time of the application and, if charges are pending, to state the charges and the court in which such charges are pending; and (3) whether the applicant is included on the Abuse and Neglect Registry of the Connecticut Department of Children and Families (“DCF”) (the “Registry”).  If the applicant’s current or most recent employment occurred out of state, the applicant will also be asked whether the applicant is included on an equivalent database and/or abuse/neglect registry maintained in that other state.

Applicants shall not be required to disclose any arrest, criminal charge or conviction that has been erased.  An employment application form that contains any question concerning the criminal history of the applicant shall contain the following notice, in clear and conspicuous language:

Pursuant to section 31-51i(d) of the Connecticut General Statutes, the applicant is hereby notified that (1) the applicant is not required to disclose the existence of any erased criminal history record information, (2) erased criminal history record information are records pertaining to a finding of delinquency or that a child was a member of a family with service needs, an adjudication as a youthful offender, a criminal charge that has been dismissed or nolled, a criminal charge for which the person has been found not guilty or a conviction for which the person received an absolute pardon or criminal records that are erased pursuant to statute or by other operation of law, and (3) any person with erased criminal history record information shall be deemed to have never been arrested within the meaning of the general statutes with respect to the proceedings so erased and may so swear under oath.

 

In addition, the District shall conduct an employment history check for each applicant for a position, as set forth below.

For the purposes of this policy:

“Sexual misconduct” means any verbal, nonverbal, written, or electronic communication, or any other act directed toward or with a student that is designed to establish a sexual relationship with the student, including a sexual invitation, dating or soliciting a date, engaging in sexual dialog, making sexually suggestive comments, self-disclosure or physical exposure of a sexual or erotic nature, and any other sexual, indecent, or erotic contact with a student.

“Abuse or neglect” means abuse or neglect as described in Conn. Gen. Stat. § 46b-120, and includes any violation of Conn. Gen. Stat. §§ 53a-70 (sexual assault in the first degree), 53a-70a (aggravated sexual assault in the first degree), 53a-71 (sexual assault in the second degree), 53a-72a (sexual assault in the third degree), 53a-72b (sexual assault in the third degree with a firearm), or 53a-73a (sexual assault in the fourth degree).

“Former employer” means any person, firm, business, educational institution, nonprofit agency, corporation, limited liability company, the state, any political subdivision of the state, any governmental agency, or any other entity that such applicant was employed by during any of the previous twenty years prior to applying for a position with a local or regional board of education.

 

I.       Employment History Check Procedures

     A.       The District shall not offer employment to an applicant for a position, including any position that is contracted for, if such applicant would have direct student contact, prior to the District:

                   1.       Requiring the applicant:    

          a.       to list the name, address, and telephone number of each current employer or former employer (please note the definition of “former employer” above, including the applicable twenty-year reporting period) during any of the previous twenty years, if:

               (i)       such current or former employer is/was a local or regional board of education, council of a state or local charter school, interdistrict magnet school operator, or a supervisory agent of a nonpublic school, and/or

               (ii)      the applicant’s employment with such current or former employer caused the applicant to have contact with children

          b.       to submit a written authorization that

               (i)       consents to and authorizes disclosure by the employers listed under paragraph I.A.1.a of this policy of the information requested under paragraph I.A.2 of this policy and the release of related records by such employers,

               (ii)      consents to and authorizes disclosure by the Connecticut State Department of Education (the “Department’) of the information requested under paragraph I.A.3 of this policy and the release of related records by the Department, and

               (iii)     releases those employers and the Department from liability that may arise from such disclosure or release of records pursuant to paragraphs I.A.2 or I.A.3 of this policy; and

          c.        to submit a written statement of whether the applicant

               (i)       has been the subject of an abuse or neglect or sexual misconduct investigation by any employer, state agency or municipal police department, unless the investigation resulted in a finding that all allegations were unsubstantiated,

               (ii)      has ever been disciplined or asked to resign from employment or resigned from or otherwise separated from any employment while an allegation of abuse or neglect was pending or under investigation by DCF, or an allegation of sexual misconduct was pending or under investigation or due to an allegation substantiated pursuant to Conn. Gen. Stat. § 17a-101g of abuse or neglect, or of sexual misconduct or a conviction for abuse or neglect or sexual misconduct, or

               (iii)     has ever had a professional or occupational license or certificate suspended or revoked or has ever surrendered such a license or certificate while an allegation of abuse or neglect was pending or under investigation by DCF or an investigation of sexual misconduct was pending or under investigation, or due to an allegation substantiated by DCF of abuse or neglect or of sexual misconduct or a conviction for abuse or neglect or sexual misconduct;

 

                   2.       Conducting a review of the employment history of the applicant by contacting those employers listed by the applicant under paragraph I.A.1.a of this policy.  Such review shall be conducted using a form developed by the Department, which shall request the following:

 

          a.       the dates employment of the applicant, and

 

          b.       a statement as to whether the employer has knowledge that the applicant:

               (i)       was the subject of an allegation of abuse or neglect or sexual misconduct for which there is an investigation pending with

any employer, state agency, or municipal police department or which has been substantiated;

 

               (ii)      was disciplined or asked to resign from employment or resigned from or otherwise separated from any employment while an allegation of abuse or neglect or sexual misconduct was pending or under investigation, or due to a substantiation of abuse or neglect or sexual misconduct; or

 

               (iii)     has ever had a professional or occupational license, certificate, authorization or permit suspended or revoked or has ever surrendered such a license, certificate, authorization or permit while an allegation of abuse or neglect or sexual misconduct was pending or under investigation, or due to a substantiation of abuse or neglect or sexual misconduct.  Such review may be conducted telephonically or through written communication.  Notwithstanding the provisions of subsection (g) of Conn. Gen. Stat. § 31-51i, not later than five (5) business days after the District receives a request for such information about an employee or former employee, the District shall respond with such information.  The District may request more information concerning any response made by a current or former employer for information about an applicant, and, notwithstanding subsection (g), such employer shall respond not later than five (5) business days after receiving such request. 

                   3.       Requesting information from the Department concerning:

          a.       the eligibility status for employment of any applicant for a position requiring a certificate, authorization or permit,

          b.       whether the Department has knowledge that a finding has been substantiated by DCF pursuant to Conn. Gen. Stat. § 17a-101g of abuse or neglect or of sexual misconduct against the applicant and any information concerning such a finding, and

          c.       whether the Department has received notification that the applicant has been convicted of a crime or of criminal charges pending against the applicant and any information concerning such charges.

     B.       Notwithstanding the provisions of subsection (g) of Conn. Gen. Stat. § 31-51i, if the District receives information that an applicant for a position with or an employee of the District has been disciplined for a finding of abuse or neglect or sexual misconduct, it shall notify the Department of such information.

     C.       The District shall not employ an applicant for a position involving direct student contact who does not comply with the provisions of paragraph I.A.1 of this policy.

     D.       The District may employ or contract with an applicant on a temporary basis for a period not to exceed ninety (90) calendar days, pending the District’s review of information received under this section, provided:

                   1.       The applicant complied with paragraph I.A.1 of this policy;

                   2.       The District has no knowledge of information pertaining to the applicant that would disqualify the applicant from employment with the District; and

                   3.       The applicant affirms that the applicant is not disqualified from employment with the District.

     E.       The District shall not enter into a collective bargaining agreement, an employment contract, an agreement for resignation or termination, a severance agreement, or any other contract or agreement or take any action that:

                   1.       Has the effect of suppressing information relating to an investigation of a report of suspected abuse or neglect or sexual misconduct by a current or former employee;

                   2.       Affects the ability of the District to report suspected abuse or neglect or sexual misconduct to appropriate authorities; or

                   3.       Requires the District to expunge information about an allegation or a finding of suspected abuse or neglect or sexual misconduct from any documents maintained by the District, unless, after investigation, such allegation is dismissed or found to be false.

     F.       The District shall not offer employment to a person as a substitute teacher, unless such person and the District comply with the provisions of paragraph I.A.1 of this policy.  The District shall determine which such persons are employable as substitute teachers and maintain a list of such persons.  The District shall not hire any person as a substitute teacher who is not on such list.  Such person shall remain on such list as long as such person is continuously employed by the District as a substitute teacher, as described in paragraph III.B.2 of this policy, provided the District does not have any knowledge of a reason that such person should be removed from such list.

     G.       In the case of an applicant who is a contractor, the contractor shall require any employee with such contractor who would be in a position involving direct student contact to supply to such contractor all the information required of an applicant under paragraphs I.A.1.a and I.A.1.c of this policy and a written authorization under paragraph I.A.1.b of this policy.  Such contractor shall contact any current or former employer (please note the definition of “former employer” above, including the applicable twenty year reporting period) of such employee that was a local or regional board of education, council of a state or local charter school, interdistrict magnet school operator, or a supervisory agent of a nonpublic school, or if the employee’s employment with such current or former employer caused the employee to have contact with children, and request, either telephonically or through written communication, any information concerning whether there was a finding of abuse or neglect or sexual misconduct against such employee.  Notwithstanding the provisions of subsection (g) of Conn. Gen. Stat. § 31-51i, such employer shall report to the contractor any such finding, either telephonically or through written communication.  If the contractor receives any information indicating such a finding or otherwise receives any information indicating such a finding or otherwise has knowledge of such a finding, the contractor shall, notwithstanding the provisions of subsection (g) of Conn. Gen. Stat. § 31-51i, immediately forward such information to the District, either telephonically or through written communication.  If the District receives such information, it shall determine whether such employee of the contractor may work in a position involving direct student contact at any school in the District.  No determination by the District that any such employee of the contractor shall not work under any such contract in any such position shall constitute a breach of such contract.

     H.       Any applicant/employee who knowingly provides false information or knowingly fails to disclose information required in subdivision (1) of subsection (A) of this section shall be subject to discipline by the District that may include:

                   1.       denial of employment, or

                   2.       termination of the contract of a certified employee, in accordance with the provisions of Conn. Gen. Stat. § 10-151, or

                   3.       termination of a non-certified employee in accordance with applicable law and/or any applicable collective bargaining agreement, contract or District policy.

     I.             If the District provides information in accordance with paragraph I.A.2 or I.G of this policy, the District shall be immune from criminal and civil liability, provided the District did not knowingly supply false information.

     J.       Notwithstanding the provisions of Conn. Gen. Stat. § 10-151c and subsection (g) of Conn. Gen. Stat. § 31-51i, the District shall provide, upon request by another local or regional board of education, governing council of a state or local charter school, interdistrict magnet school operator, or supervisory agent of a nonpublic school for the purposes of an inquiry pursuant to paragraphs I.A.2 or I.G of this policy or to the Commissioner of Education pursuant to paragraph I.B of this policy any information that the District has concerning a finding of abuse or neglect or sexual misconduct by a subject of any such inquiry.

     K.       Prior to offering employment to an applicant, the District shall make a documented good faith effort to contact each current and any former employer (please note the definition of “former employer” employer above, including the applicable twenty year reporting period) of the applicant that was a local or regional board of education, governing council of a state or local charter school, interdistrict magnet school operator, or supervisory agent of a nonpublic school, or if the applicant’s employment with such current or former employer caused the applicant to have contact with children in order to obtain information and recommendations that may be relevant to the applicant’s fitness for employment.  Such effort, however, shall not be construed to require more than three telephonic requests made on three separate days. 

     L.       The District shall not offer employment to any applicant who had any previous employment contract terminated by a local or regional board of education, council of a state or local charter school, interdistrict magnet school operator, or a supervisory agent of a nonpublic school, or who resigned from such employment, if the person has been convicted of a violation of Conn. Gen. Stat. § 17a-101a, when an allegation of abuse or neglect or sexual assault has been substantiated.

 

II.      DCF Registry Checks

Prior to hiring any person for a position with the District, and before a student who is enrolled in a teacher preparation program in the District, as defined in section 10-10a of the Connecticut General Statutes, and completing a student teaching experience with the District, begins such student teaching experience, the District shall require such applicant or student to submit to a records check of information maintained on the Registry concerning the applicant. 

For any applicant whose current or most recent employment occurred out of state, the District shall request that the applicant provide the District with authorization to access information maintained concerning the applicant by the equivalent state agency in the state of most recent employment, if such state maintains information about abuse and neglect and has a procedure by which such information can be obtained.  Refusal to permit the District to access such information shall be considered grounds for rejecting any applicant for employment.

The District shall request information from the Registry or its out of state equivalent promptly, and in any case no later than thirty (30) calendar days from the date of employment.  Registry checks will be processed according to the following procedure:

     A.       No later than ten (10) calendar days after the Superintendent or the Superintendent’s designee has notified a job applicant of a decision to offer employment to the applicant, or as soon thereafter as practicable, the Superintendent or the Superintendent’s designee will either obtain the information from the Registry or, if the applicant’s consent is required to access the information, will supply the applicant with the release form utilized by DCF or its out of state equivalent obtaining information from the Registry.

     B.       If consent is required to access the Registry, no later than ten (10) calendar days after the Superintendent or the Superintendent’s designee has provided the successful job applicant with the form, the applicant must submit the signed form to DCF or its out of state equivalent with a copy to the Superintendent or the Superintendent’s designee.  Failure of the applicant to submit the signed form to DCF or its out of state equivalent within such ten-day period, without good cause, will be grounds for the withdrawal of the offer of employment. 

     C.       Upon receipt of Registry or its out of state equivalent, information indicating previously undisclosed information concerning abuse or neglect investigations concerning the successful job applicant/employee, the Superintendent or the Superintendent’s designee will notify the affected applicant/employee in writing of the results of the Registry check and will provide an opportunity for the affected applicant/employee to respond to the results of the Registry check.

     D.       If notification is received by the Superintendent or the Superintendent’s designee that that the applicant is listed as a perpetrator of abuse or neglect on the Registry, the Superintendent or the Superintendent’s designee shall provide the applicant with an opportunity to be heard regarding the results of the Registry check.  If warranted by the results of the Registry check and any additional information provided by the applicant, the Superintendent or the Superintendent’s designee shall revoke the offer of employment and/or terminate the applicant’s employment if the applicant has already commenced working for the District.

 

III.     Criminal Records Check Procedure

     A.            Each person hired by the District shall be required to submit to state and national criminal records checks within thirty (30) calendar days from the date of employment.  Each student who is enrolled in a teacher preparation program, as defined in section 10-10a of the Connecticut General Statutes, and completing a student teaching experience with the District, shall be required to submit to state and national criminal records checks within sixty (60) calendar days from the date such student begins to perform such student teaching experience.  Record checks will be processed according to the following procedure:

          1.       No later than five (5) calendar days after the Superintendent or the Superintendent’s designee has notified a job applicant of a decision to hire the applicant, or as soon thereafter as practicable, the Superintendent or the Superintendent’s designee will provide the applicant with a packet containing all documents and materials necessary for the applicant to be fingerprinted by the police department in the town in which they reside.  This packet shall also contain all documents and materials necessary for the police department to submit the completed fingerprints to the State Police Bureau of Identification for the processing of state and national criminal records checks.  The Superintendent or the Superintendent’s designee will also provide each applicant with the following notifications before the applicant obtains the applicant’s fingerprints: (1) Agency Privacy Requirements for Noncriminal Justice Applicants; (2) Noncriminal Justice Applicant’s Privacy Rights; (3) and the Federal Bureau of Investigation, United States Department of Justice Privacy Act Statement.

          2.       No later than ten (10) calendar days after the Superintendent or the Superintendent’s designee has provided the successful job applicant with the fingerprinting packet, the applicant must arrange to be fingerprinted by the police department in the town in which they reside.  Failure of the applicant to have the applicant’s fingerprints taken within such ten-day period, without good cause, will be grounds for the withdrawal of the offer of employment. 

          3.       Any person for whom criminal records checks are required to be performed pursuant to this policy must pay all fees and costs associated with the fingerprinting process and/or the submission or processing of the requests for criminal records checks.  Fees and costs associated with the fingerprinting process and the submission and process of requests are waived for student teachers, in accordance with state law.

          4.       Upon receipt of a criminal records check indicating a previously undisclosed conviction, the Superintendent or the Superintendent’s designee will notify the affected applicant/employee in writing of the results of the record check and will provide an opportunity for the affected applicant/employee to respond to the results of the criminal records check.  The affected applicant/employee may notify the Superintendent or the Superintendent’s designee in writing within five (5) calendar days that the affected

applicant/employee will challenge such individual’s criminal history records check.  Upon written notification to the Superintendent or the Superintendent’s designee of such a challenge, the affected applicant/employee shall have ten (10) calendar days to provide the Superintendent or the Superintendent’s designee with necessary documentation regarding the affected applicant/employee’s record challenge.  The Superintendent or the Superintendent’s designee may grant an extension to the preceding ten-day period during which the affected applicant/employee may provide such documentation for good cause shown.

          5.       Decisions regarding the effect of a conviction upon an applicant/employee, whether disclosed or undisclosed by the applicant/employee, will be made on a case-by-case basis.  Notwithstanding the foregoing, the falsification or omission of any information on a job application or in a job interview, including but not limited to information concerning criminal convictions or pending criminal charges, shall be grounds for disqualification from consideration for employment or discharge from employment.

          6.       Notwithstanding anything in paragraph III.A.5 of this policy, above, no decision to deny employment or withdraw an offer of employment on the basis of an applicant/employee’s criminal history record shall be made without affording the applicant/employee the opportunities set forth in paragraph III.A.4 of this policy, above.

     B.         Criminal Records Check for Substitute Teachers:

A substitute teacher who is hired by the District must submit to state and national criminal history records checks according to the procedures outlined above, subject to the following: 

          1.       If the state and national criminal history records checks for a substitute teacher have been completed within one year prior to the date the District hired the substitute teacher, and if the substitute teacher arranged for such prior criminal history records checks to be forwarded to the Superintendent or the Superintendent’s designee, then the substitute teacher will not be required to submit to another criminal history records check at the time of such hire.

          2.       If a substitute teacher submitted to state and national criminal history records checks upon being hired by the District, then the substitute teacher will not be required to submit to another criminal history records check so long as the substitute teacher is continuously employed by the District, that is, employed for at least one day of each school year, by the District,

          provided a substitute teacher is subjected to such checks at least once every five years. 

 

IV.      Sex Offender Registry Checks

District personnel shall cross-reference the Connecticut Department of Public Safety’s sexual offender registry prior to hiring any new employee and before a student who is enrolled in a teacher preparation program, as defined in section 10-10a of the Connecticut General Statutes, and completing a student teaching experience with the District, begins such student teaching experience.  Registration as a sexual offender constitutes grounds for denial of employment opportunities and opportunities to perform student teaching experiences in the District. 

 

V.       Credit Checks

The District may also ask a prospective employee for a credit report for employment for certain District positions, where the District’s receipt of a credit report is substantially related to the employee’s potential job. “Substantially related to the current or potential job” is defined to mean “the information contained in the credit report is related to the position for which the employee or prospective employee who is the subject of the report is being evaluated because of the position.”  Prior to asking for a credit report, the District will determine whether the position falls within one of the categories as described in this paragraph.  The position must:  (1) be a managerial position which involves setting the direction or control of the District; (2) involve access to employees’ personal or financial information; (3) involve a fiduciary responsibility to the District, including, but not limited to, the authority to issue payments, collect debts, transfer money or enter into contracts; (4) provide an expense account or District debit or credit card; or (5) involve access to the District’s nonfinancial assets valued at two thousand five dollars or more. When a credit report will be requested as part of the employment process, the District will provide written notification to the prospective employee regarding the use of credit checks.  That notification must be provided in a document separate from the employment application.  The notification must state that the District may use the information in the consumer credit report to make decisions related to the individual’s employment. 

The District will obtain consent before performing the credit or other background checks.  If the District intends to take an action adverse to a potential employee based on the results of a credit report, the District must provide the prospective employee with a copy of the report on which the District relied in making the adverse decision, as well as a copy of “A Summary of Your Rights Under the Fair Credit Reporting Act,” which should be provided by the company that provides the results of the credit check.  The District will notify the prospective employee either orally, in writing or via electronic means that the adverse action was taken based on the information in the consumer report.  That notice must include the name, address and phone number of the consumer reporting company that supplied the credit report; a statement that the company that supplied the

report did not make the decision to take the unfavorable action and cannot provide specific reasons for the District’s actions; and a notice of the person’s right to dispute the accuracy or completeness of any information the consumer reporting company furnished, and to get an additional free report from the company if the person asks for it within sixty (60) calendar days. 

VI.      Notice of Conviction

If, at any time, the District receives notice of a conviction of a crime by a person holding a certificate, authorization or permit issued by the State Board of Education, the District shall send such notice to the State Board of Education.  In complying with this requirement, the District shall not disseminate the results of any national criminal history records check. 

VII.    School Nurses

School nurses or nurse practitioners appointed by, or under contract with, the District shall also be required to submit to a criminal history records check in accordance with the procedures outlined above.

VIII.   Personal Online Accounts

For purposes of this policy, “personal online account” means any online account that is used by an employee or applicant exclusively for personal purposes and unrelated to any business purpose of the District, including, but not limited to, electronic mail, social media and retail-based Internet web sites.  “Personal online account” does not include any account created, maintained, used or accessed by an employee or applicant for a business purpose of the District.

     A.       During the course of an employment check, the District may not:

          1.       request or require that an applicant provide the District with a user name and password, password or any other authentication means for accessing a personal online account;

          2.       request or require that an applicant authenticate or access a personal online account in the presence of District personnel; or

          3.       require that an applicant invite a supervisor employed by the District or accept an invitation from a supervisor employed by the District to join a group affiliated with any personal online account of the applicant. 

     B.            The District may request or require that an applicant provide the District with a user name and password, password or any other authentication means for accessing:

          1.       any account or service provided by District or by virtue of the applicant’s employment relationship with the District or that the applicant uses for the District’s business purposes, or

          2.       any electronic communications device supplied or paid for, in whole or in part, by the District. 

     C.       In accordance with applicable law, the District maintains the right to require an applicant to allow the District to access the applicant’s personal online account, without disclosing the user name and password, password or other authentication means for accessing such personal online account, for the purpose of:

          1.       conducting an investigation for the purpose of ensuring compliance with applicable state or federal laws, regulatory requirements or prohibitions against work-related employee misconduct based on the receipt of specific information about activity on an applicant’s personal online account; or

          2.       conducting an investigation based on the receipt of specific information about an applicant’s unauthorized transfer of the District’s proprietary information, confidential information or financial data to or from a personal online account operated by an applicant or other source.

 

IX.      Policy Inapplicable to Certain Individuals

 

This policy shall not apply to:

          A.       A student employed by the District who attends a District school.

          B.       A person employed by the District as a teacher for a noncredit adult class or adult education activity, as defined in Conn. Gen. Stat. § 10-67, who is not required to hold a teaching certificate pursuant to Conn. Gen. Stat. § 10-145b for such position.

X.       Falsification of Records       

Notwithstanding any other provisions of this policy, the falsification or omission of any information on a job application or in a job interview, including but not limited to information concerning abuse or neglect investigations or pending criminal applications, shall be grounds for disqualification from consideration for employment or discharge from employment.

 

Legal References:         

Connecticut General Statutes

                                  § 10-212 

                                  § 10-221d

                                  § 10-222c

                                  § 31-40x

                                  § 31-51i

                                  § 31-51tt

                                  Elementary and Secondary Education Act, reauthorized as the Every Student Succeeds Act, Pub. L. 114-95, codified at 20 U.S.C.§ 1001 et seq.

                                  Fair Credit Reporting Act, 15 U.S.C. § 1681 et seq. 

Policy revised:	October 10, 2023	Hamden Public Schools
Policy approved:	April 18, 2013	HAMDEN, CONNECTICUT

 

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Agency Privacy Requirements for Noncriminal Justice Applicants

 

Authorized governmental and non-governmental agencies/officials that conduct a national fingerprint-based criminal history record check on an applicant for a noncriminal justice purpose (such as employment or a license, immigration or naturalization matter, security clearance, or adoption) are obligated to ensure the applicant is provided certain notices and that the results of the check are handled in a manner that protects the applicant’s privacy.  All notices must be provided in writing.[1]  These obligations are pursuant to the Privacy Act of 1974, Title 5, United States Code (U.S.C.), Section 552a, and Title 28, Code of Federal Regulations (CFR), Section 50.12, among other authorities.

 

·         Officials must ensure that each applicant receives an adequate written FBI Privacy Act Statement (dated 2013 or later) when the applicant submits the applicant’s fingerprints and associated personal information.[2]

·         Officials must advise all applicants in writing that procedures for obtaining a change, correction, or update of an FBI criminal history record are set forth at 28 CFR 16.34.  Information regarding this process may be found at https://www.fbi.gov/services/cjis/identity-history-summary-checks and https://www.edo.cjis.gov.

·         Officials must provide the applicant the opportunity to complete or challenge the accuracy of the information in the FBI criminal history record.

·         Officials should not deny the employment, license, or other benefit based on information in the FBI criminal history record until the applicant has been afforded a reasonable time to correct or complete the record or has declined to do so.

·         Officials must use the criminal history record for authorized purposes only and cannot retain or disseminate it in violation of federal statute, regulation or executive order, or rule, procedure or standard established by the National Crime Prevention and Privacy Council.[3]

 

The FBI has no objection to officials providing a copy of the applicant’s FBI criminal history record to the applicant for review and possible challenge when the record was obtained based on positive fingerprint identification. If agency policy permits, this courtesy will save the applicant the time and additional FBI fee to obtain the applicant’s record directly from the FBI by following the procedures found at 28 CFR 16.30 through 16.34.  It will also allow the officials to make a more timely determination of the applicant’s suitability.

 

Each agency should establish and document the process/procedures it utilizes for how/when it gives the applicant the FBI Privacy Act Statement, the 28 CFR 50.12 notice, and the opportunity to correct the applicant’s record.  Such documentation will assist State and/or FBI auditors during periodic compliance reviews on use of criminal history records for noncriminal justice purposes.

 

If you need additional information or assistance, contact:

Connecticut Records: Department of Emergency Services and Public Protection State Police Bureau of Identification (SPBI) 1111 Country Club Road Middletown, CT  06457 860-685-8480

Out-of-State Records: Agency of Record OR FBI CJIS Division-Summary Request 1000 Custer Hollow Road Clarksburg, West Virginia 26306

 

 

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Noncriminal Justice Applicant’s Privacy Rights

As an applicant who is the subject of a national fingerprint-based criminal history record check for a noncriminal justice purpose (such as an application for a job or license, an immigration or naturalization matter, security clearance, or adoption), you have certain rights which are discussed below.  All notices must be provided to you in writing.[4]  These obligations are pursuant to the Privacy Act of 1974, Title 5, United States Code (U.S.C.) Section 552a, and Title 28 Code of Federal Regulations (CFR), 50.12, among other authorities.

 

·         You must be provided an adequate written FBI Privacy Act Statement (dated 2013 or later) when you submit your fingerprints and associated person information.  This Privacy Act Statement must explain the authority for collecting your fingerprints and associated information and whether your fingerprints and associated information will be searched, shared, or retained.[5]

·         You must be advised in writing of the procedures for obtaining a change, correction, or updating of your criminal history record as set forth at 28 CFR 16.34.

·         You must be provided the opportunity to complete or challenge the accuracy of the information in your FBI criminal history record (if you have such a record).

·         If you have a criminal history record, you should be afforded a reasonable amount of time to correct or complete the record (or decline to do so) before the officials deny you the employment, license, or other benefit based on information in the criminal history record.

• If agency policy permits, the officials may provide you with a copy of your FBI criminal history record for review and possible challenge.  If agency policy does not permit it to provide you a copy of the record, you may obtain a copy of the record by submitting fingerprints and a fee to the FBI.  Information regarding this process may be obtained at http://www.fbi.gov/services/cjis/identity-history-summary-checks and https://www.edo.cjis.gov.  
• If you decide to challenge the accuracy or completeness of your FBI criminal history record, you should send your challenge to the agency that contributed the questioned information to the FBI.  Alternatively, you may send your challenge directly to the FBI by submitting a request via https://www.edo.cjis.gov.  The FBI will then forward your challenge to the agency that contributed the questioned information and request the agency to verify or correct the challenged entry.  Upon receipt of an official communication from that agency, the FBI will make any necessary changes/corrections to your record in accordance with the information supplied by that agency.  (See 28 CFR 16.30 through 16.34.)
• You have the right to expect that officials receiving the results of the criminal history record check will use it only for authorized purposes and will not retain or disseminate it in violation of federal statute, regulation or executive order, or rule, procedure or standard established by the National Crime Prevention and Privacy Compact Council.[6]
• If you need additional information or assistance, please contact:

Connecticut Records: Department of Emergency Services and Public Protection State Police Bureau of Identification (SPBI) 1111 Country Club Road Middletown, CT  06457 860-685-8480

Out-of-State Records: Agency of Record OR FBI CJIS Division-Summary Request 1000 Custer Hollow Road Clarksburg, West Virginia 26306

 

 

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Federal Bureau of Investigation
Privacy Act Statement

This privacy act statement is located on the back of the FD-258 fingerprint card.

Authority: The FBI's acquisition, preservation, and exchange of fingerprints and associated information is generally authorized under 28 U.S.C. 534. Depending on the nature of your application, supplemental authorities include Federal statutes, State statutes pursuant to Pub. L. 92-544, Presidential Executive Orders, and federal regulations. Providing your fingerprints and associated information is voluntary; however, failure to do so may affect completion or approval of your application.

Principal Purpose: Certain determinations, such as employment, licensing, and security clearances, may be predicated on fingerprint-based background checks. Your fingerprints and associated information/biometrics may be provided to the employing, investigating, or otherwise responsible agency, and/or the FBI for the purpose of comparing your fingerprints to other fingerprints in the FBI’s Next Generation Identification (NGI) system or its successor systems (including civil, criminal, and latent fingerprint repositories) or other available records of the employing, investigating, or otherwise responsible agency. The FBI may retain your fingerprints and associated information/biometrics in NGI after the completion of this application and, while retained, your fingerprints may continue to be compared against other fingerprints submitted to or retained by NGI.

Routine Uses: During the processing of this application and for as long thereafter as your fingerprints and associated information/biometrics are retained in NGI, your information may be disclosed pursuant to your consent, and may be disclosed without your consent as permitted by the Privacy Act of 1974 and all applicable Routine Uses as may be published at any time in the Federal Register, including the Routine Uses for the NGI system and the FBI’s Blanket Routine Uses. Routine uses include, but are not limited to, disclosures to: employing, governmental or authorized non-governmental agencies responsible for employment, contracting licensing, security clearances, and other suitability determinations; local, state, tribal, or federal law enforcement agencies; criminal justice agencies; and agencies responsible for national security or public safety.

 

                                                                                                                        As of 3/30/2018

[1] Written notification includes electronic notification, but excludes oral notification.

[2] See https://www.fbi.gov/services/cjis/compact-council/privacy-act-statement

[3] See 5 U.S.C. 552a(b); 28 U.S.C. 534(b); 34 U.S.C. § 40316 (formerly cited as 42 U.S.C. § 14616), Article IV(c); 28 CFR 20.21(c), 20.33(d), 50.12(b) and 906.2(d).

[4] Written notification includes electronic notification, but excludes oral notification.

[5] https://www.fbi.gov/services/cjis/compact-council/privacy-act-statement

[6] See 5 U.S.C. 552a(b); 28 U.S.C. 534(b); 34 U.S.C. § 40316 (formerly cited as 42 U.S.C. § 14616), Article IV(c); 28 CFR 20.21(c), 20.33(d), 50.12(b) and 906.2(d).