Question and Answer

 

Denied Access & Receipt of CHRI

Q: How do I determine if a law exists that allows myself, my business, or my organization to request and receive fingerprint based criminal history record information (CHRI) background checks?

A: Fingerprint based CHRI background checks are for the purpose of licensing determinations, employment suitability, and volunteer placement. It is a common belief that… “As an agency I can request fingerprints on my potential applicants because the individual has or may have access to a vulnerable group, or have access to money,” this is NOT true. An agency can only request individuals to complete a fingerprint based CHRI background check if a state or federal law exists allowing the agency to do so. Therefore, you first need to determine if your business or your organization has such a law allowing for the fingerprinting. 

Example: A school is required by law (MCL 380.1230a) to conduct state and federal CHRI background checks for individuals who are full time/part time employment or for individuals assigned to regularly and continuously work under contract in a school. 

 

Q: What if I’m a nongovernmental agency and I’ve been denied access because I was not an “authorized recipient?” 

A: The FBI is our largest repository for CHRI (whether civil or criminal) and is responsible for the exchange of such information among states. Pursuant to Public Law 92-544 CHRI may be made available to governmental agencies. In some cases CHRI may be made available to nongovernmental agencies if a federal law approved by the U.S. Attorney General specifically authorizes such access. In both cases these agencies are deemed an “Authorized Recipient.” 

Authorized Recipient - (1) A criminal justice agency or federal agency authorized to receive CHRI pursuant to federal statute or executive order; (2) A nongovernmental entity authorized by federal statute or executive order to receive CHRI for noncriminal justice purposes; or (3) A government agency authorized by federal statute or executive order, or state statute which has been approved by the United States Attorney General to receive CHRI for noncriminal justice purposes.

If your agency has been denied access (the ability to establish an account to request and receive CHRI) it is because the MSP has reviewed your business or your organizations qualifications and has determined that you are not a governmental agency or a specific federal law providing exemption as a nongovernmental person, business, or organization exists.

Example: While a nonpublic school is required by law (MCL 380.1230a) to conduct CHRI background checks for individuals who are full time/part time employment or for individuals assigned to regularly and continuously work under contract in a school, a nonpublic school is not a governmental agency. However, The Adam Walsh Child Protection and Safety Act of 2006 (federal law) specifically speaks to nonpublic schools, their need for fingerprinting, and approval to request and receive CHRI background checks for school employment.

 

Q: What if I have a law authorizing fingerprint CHRI background checks, such as the national child protection act (NCPA) and I’ve still been denied access?

A: NCPA allows an agency to request fingerprint based CHRI background checks under the act for the purpose of determining whether a provider has been convicted of a crime that bears upon the provider’s fitness to have responsibility for the safety and well-being of children, the elderly, or individuals with disabilities. While NCPA is an approved federal authorization for fingerprinting, our state does not have set procedures to request fingerprints for nongovernmental agencies.

Therefore, your denial for an Agency ID is most likely because your agency is not a governmental agency. An agency may contact a qualifying governmental agency and request the governmental agency to receive the results of the check, make a determination of employment or volunteer placement based on the results, and retain pertinent audit documentation as a result of the check on behalf of your agency (such as school, state department, etc).

Example: Home health care agencies are approved and required to conduct fingerprint background checks by state law. While the health care agency themselves is not a governmental agency the Licensing and Regulatory Affairs (a governmental agency) has agreed to conduct these checks on behalf of the health care agencies. The governmental agency would then only provide the health care agency with a “cleared or not cleared” to work notification.

  

Q: If I’m unable to conduct fingerprint background checks, what are my alternatives?

A: Alternatives to fingerprint background checks may be:

 

Q: If I’ve been told I can no longer retain Criminal History Record Information (CHRI) and to appropriately destroy any electronic or physical CHRI, how should I do this?


A: The agency shall sanitize, that is, overwrite at least three times or degauss any electronic CHRI media. Inoperable electronic media shall be destroyed (cut up, shredded, etc.). Any physical CHRI media shall be destroyed by cross-cut shredding or incineration. Agencies previously having access and now restricted, will be subject to audit to ensure disposal has taken place. Therefore, agencies are to ensure that evidence of disposal (how performed) is available for audit purposes.

 

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General

Q: What laws govern school employment background checks?

A: Michigan Compiled Laws 380.1230 through 380.1230g. These are available online at:
www.legislature.mi.gov. Nationally, see the Adam Walsh Act, the National Child Protection Act, and the Volunteers for Children Act.

 

Q: What agencies, or who, is considered an Authorized Recipient?

A: An Authorized Recipient is an agency that is legally authorized by law (state or federal) to receive a criminal history background check response from the FBI and the MSP. For example, a school district is an authorized recipient.

 

Q: Are there any forms my agency needs to complete in order to start requesting and receiving fingerprint background checks from the MSP?

A: Yes, any agency receiving Criminal History Record Information (CHRI) from the Michigan State Police must complete a Noncriminal Justice Agency User Agreement (RI-087) and the Local Agency Security Officer Appointment Form (CJIS-016). Both are located at the MSP Security & Access website, and both are available at the following link: www.michigan.gov/cjicats

 

Q: What if my agency is receiving CHRI, but I can’t find evidence within our agency records that we have completed a NCJA User Agreement (RI-087)?

A: Please e-mail MSP-CRD-APPLHELP@michigan.gov and include you agency name, contact name for your agency, and contact number. Someone from our help desk will contact you promptly to determine the next step.

 

Q: How do I update our contact information or e-mail address?

A: Please e-mail MSP-CRD-APPLHELP@michigan.gov and include your agency ID. If you do not have a user agreement (RI-087) on file yet, please use that. Fill it in, sign it, fax or scan it, and solve two problems at once.

 

Q: What do I do if I receive a criminal history for someone I have never heard of?

A: It’s always best to wait a few days or contact any related agencies or departments that sends you contract employees in case you are about to receive notice of this new person. Destroy it and record doing so as follows. When destroying the message (delete or shred), log the date received and destroyed, the TCN and name on the background check, who received the history, who destroyed it, and how. Apologies for the inconvenience, but this is a rare case that needs an audit trail.

 

Q: What does “NO DATA RECEIVED” mean?

A: The MSP does not always know the final outcome of an arrest. It may not have been reported or at least not in a way that could be successfully matched with the original arrest. It is possible that no charges were filed or that the case was dismissed. It is also possible that there was a conviction. You may wish to ask an employee to provide documentation on what happened in that case; if you/they provide it to the MSP (see “corrections” above), the criminal history can be updated to prevent this from happening in the future.

 

Q: How long is a CHRI response good for? One year?

A: In most cases CHRI response are only as good at the time the search is ran. However, there are special circumstances where this may not be true. Pursuant to The Revised School Code, an agency may continue to maintain and share a CHRI response so long as the individual has not had a separation of service with any Michigan school.

 

Q: How is "separation in service" defined?

A: The legislation does not define this term. Please refer to your school or district legal advisor for assistance. 

 

Q: What rights do individuals have in their CHRI information? 

A: An individual may obtain a copy of their CHRI through a Personal Record Review (PL 93-579) or through the FBI (Title 28 §20.34 to review and request any change, correction, or update, also found on livescan form). Pub. L. 92-544

 

Q: How will compliance audits be conducted, and how often?

A: All NCJA audits will be periodically conducted over a three year time period. While we try to provide some notice to the NCJA, the MSP is not required to announce our presence ahead of time.
 

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Red Light Green Light

 Q: What is a “red light/green light” letter?

A: Agencies can disclose the fact of passing or failing a background check even if they cannot share the actual responses. While you cannot give any details, you can say that a background check was completed and nothing was found making this person ineligible for employment in Michigan schools at of this date. You cannot explicitly say that a criminal history check was run, but you can say that they were found eligible under MCL 380.1230 and MCL 380.1230a. See an example “red light/green light” letter “Determination for Assignment,”.

 

Q: If a contractor can’t receive CHRI responses, then basically my school can’t work with them. How can this work?

A: Contractors provide other benefits other than reviewing and determining CHRI responses. They can still provide all the other duties as originally. However, when it comes to the CHRI check, they’ll need to provide a process to the individual based on your school’s preference. Schools are encouraged to use what is called a “red light/green light” letter. This letter will identify to the contractor if the individual is cleared to work in your school or not.

 

Q: I am a school and have received a request from a contractor, of whom we do not have a contract with, to release information that references the ‘red light, green light’ type of document on the MSP website.  Is it acceptable to share this information with the company?

A: Providing a green light/red light letter to any nongovernmental agency is not strictly prohibited. It is to each individual school agency completing these types of letters to ensure the letter completed does not provide indication of the schools decision of employment was determined based on the CHRI response received by the school. Therefore, refrain from using the following words or phrases in these letters:

  • A criminal background check
  • A state and federal criminal check
  • A fingerprint background check

 

Q: When and who do I provide this “red light/green light” letter?

A: Once the applicant has been sent for fingerprinting the contractor can provide the “Determination for Assignment,” you as the school may obtain the affidavit from the Security & Access website, or you can use a similarly created “red light/green light” letter for use. The school will complete the applicant’s full name, DOB, and position offered. Once the school has received and reviewed the response, a school representative will complete the affidavit with your agency’s employment decision and return to the contractor for their records.

 

Q: How does the “Determination for Assignment” work if the individual is working in more than one school?

A: As the contractor will have this document on file, the contractor can share the affidavit with another school where the individual will also be placed. By doing so this provides the new school with the original schools contact information that acquired the original fingerprint response. The new school can then request a copy of the CHRI response from the previously employing school entity. Therefore, allowing the individual to not have to be re-fingerprinted.

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Contractor

Q: If a contracting agency is not an authorized recipient, who gets the background check result (response)?

A: The Authorized Recipient, in other words, is the agency (the school) required to run the check in the first place would receive and retain the background check result (CHRI response) from the MSP.

 

Q: If my school is willing to abide by the Security & Management Outsourcing Standard (OS) for NonChannelers and want our contractor to run the CHRI checks on our behalf, can our contractor then receive CHRI responses?

A: No. The OS is specifically written and provides guidance for the appropriate working relationships between an entity and contractor. Per the OS any contractor having access to CHRI shall complete a CHRI background check prior to gaining access to CHRI. As no law exists explicitly mandating checks for such purpose receipt of CHRI by a contractor is not permissible.

Q: Does the contracting agency have a responsibility in regards to any previous background check results (responses) they have on file?

A: Yes, the contracting agency must return this result (response) to the authorized recipient that should have received it originally. If determination of the authorized agency cannot be made, the response should be destroyed.

 

Q: The contractor our school was working with conducted all the fingerprinting of the employee(s). I understand as the school I will be completing the fingerprint background check on contracted employees, but what about the contracted employees already working? Are schools required to have a copy of those fingerprint response from the contractor?

A: Yes. Contractors’ will be working to provide copies of said background check responses to each school a contracted employee is currently working at by December 31, 2013. Agencies are encouraged to communicate with their respective contracting entities to determine responses needed. If your agency has not communicated with the contractor, you are encouraged to do so. After this date any and all records held by the contractor will be returned and/or destroyed. The MSP will ensure no copies are maintained by the contractor.

 

Q: I am a contractor and have all things positioned for the "change," but I need to know how to get all new company code's for each of our schools. For example when I have an employee printed they use ####& for the management company code and all prints are forwarded to me. Now I need new ones for each of the schools and need to know how to do this.

A: This can be completed by each school completing an RI-087 (NONCRIMINAL JUSTICE AGENCY USER AGREEMENT FOR RELEASE OF CRIMINAL HISTORY RECORD INFORMATION between the MICHIGAN STATE POLICE CRIMINAL JUSTICE INFORMATION CENTER.)

 

Q: When should our employees/contractors submit fingerprints?

A: Upon offer of employment. Schools cannot legally run a fingerprint check on all potential candidates, only the candidate offered employment. Schools are required to conduct fingerprints on potential contracted employees in the same manner as any other school employment hire. Schools can run an ICHAT search on candidates as a preliminary check.

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Contractor - Management Company

Q: I’m a contractor (management company) working to get all CHRI forwarded to the public school academy (PSA) directly, if I have the school completes a RI-087, does the president of the management company sign this document?

A: No. The “agency representative” must have the authority to commit the agency to the agreement and is typically the head of the school, such as the PSA principal/administrator/director. If this position is questionable in this instance to have that authority, the responsibility will fall to the governing board of the PSA.

 

Q: If we have a Principal and an Assistant Principal, or more than one Principal at a school, can they both be an Authorized Representative and have the CHRI results sent to them?

A: CHRI will only be forwarded to one e-mail address, but yes CHRI can be shared with more than one school representative, so long as they are part of evaluating an individual’s qualifications for employment or assignment.

 

Q: As the management company, we require our Central Office employees to be fingerprinted as they frequently visit the schools, but they work for the management company only.  Will we follow the same process we have followed using our management company ID?   Can these fingerprint results be sent to a Human Resource Representative?

A: Management employee’s not placed for employment in a school, cannot legally be requested to be fingerprinted under school employment. No law exists to allow for fingerprinting of these individuals.

 

Q: Can the Administrative Assistant/Office Manager be the Local Agency Security Officer?  He/she will assist the Principal in managing this process (Dissemination Log, sharing procedures, binder management, communicating with other contractors, audit preparation, compliance, etc.).

A: Yes, so long as this individual is also considered an authorized person to have access to CHRI

MCL 380.1230(10) “Criminal history record information received from the criminal records division of the department of state police under subsection (8) shall be used by a school district, intermediate school district, public school academy, or nonpublic school only for the purpose of evaluating an individual's qualifications for employment or assignment in the position for which he or she has applied or been assigned and for the purposes of subsections (3), (4), (5), and (12).” MCL 380.1230a(8) “The results of a criminal records check under this section shall be used by a school district, intermediate school district, public school academy, or nonpublic school only for the purpose of evaluating an individual's qualifications for employment or assignment in the position for which he or she has applied or been assigned and for the purposes of subsections (3), (4), (5), and (12).”

 

Q: In regards to MCL 380.1230(9), which requires hiring approval from both the superintendent and the governing body of a public school academy (PSA) when an applicant has a non-listed offense, or would such access be limited to information concerning the non-listed offense?

A: The MSP has stated the PSA administrator, charged with the day to day oversight management, (while an employee of the contractor) may have access to the CHRI. This position is a representative of the governmental PSA. The superintendent would also be included (whether permanently fixed at a school or not). The president of the PSA school board will be required to review the CHRI for the superintendent and principal/administrators/director to approve access. MCL 380.1230 only speaks to the state response. MCL 380.1230a speaks to the federal response. The CHRI check completed is a Federal response, and yes it includes our own state response within. Therefore, we return to the beginning where CHRI can only be disseminated to a governmental agency. While state law was written in such a way that it allowed contractors to receive CHRI, federal law prohibits this action.

 

Q: May a management company require that a prospective employee forward a copy of their CHRI to the management company after signing a consent release? Thus, assuming a school official has fulfilled the school’s statutory obligations to run the background checks, may the school’s management company then have the applicant give them a copy of that report directly (i.e. obtaining it from the individual, not via the school)?

A: No, this requirement could not be fulfilled as copies of the CHRI response are not just given to an individual for whom the record pertained. Even if the individual gives you permission to release to the management company, as the school you cannot give it to them. Title 28 § 20.23(1) states an individual subject to CHRI check be entitled to review and obtain a copy when necessary for the purpose of challenge or correction (FROM MSP)

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Criminal History Record Information Sharing

Q: What is “secondary dissemination”?

A: Giving the criminal history response to anyone else. Unless explicitly authorized by law, this is generally illegal. Sharing with other schools is allowed per The Revised School Code guidance MCL 380.1230a(11) 7 (12), and an employee for which the record pertains. You must log any secondary dissemination (date shared, disseminated record, requesting agency/whom the response was shared with, method of sharing, and agency personnel that shared the CHRI).

 

Q: If the ISD, RESA, RESD, or ESA runs after school programs facilitated through the local school districts and an SE fingerprint is completed on those employees, can the local school district share the response with a contracting agency?

A: No, fingerprint responses for any reason cannot be shared with an unauthorized entity (private contractor).

 

Q: Can responses be shared with parochial schools, private schools, or charter schools?

A: Yes. A K-12 school is able to share with other K-12 schools under the background check legislation.

 

Q: If we are an ISD that used to be the holder of prints for subs in our six local districts, and these people are not employed directly in our district, should we still have the prints or should they only be with the local district(s) that subs work for?

A: This is to your agency’s discretion.  The law states the response can be shared from school to school, even if obtained from an agency other the original recipient, so long as it has been verified the applicant was continuously working in a school.

 

Q: Can one school agency complete a fingerprint background check on a substitute teacher and then share with other schools so as not to impose additional fingerprinting fees for the applicant?

A: Yes, one authorized agency may run the check and then share the response with other K-12 schools, so long as the individual for whom the response pertains agrees in writing to share the response and has not had a separation in service.

 

Q: Can my school share fingerprint background check responses with our student teachers’ college or University?

A: No. There is not a sharing provision in the law for the National Child Protection Act (CPE/CPV) checks, and School Employment (SE) checks can only be shared with other K-12 schools for school employment purposes. You cannot even confirm that the record was clean. You can, however, send a “red light/green light” letter indicating that this person was/was not eligible for school employment as of [date]. You can even say that the person had nothing that would exclude him/her from working under MCL 380.1230a.

 

Q: My school employee is requesting a copy of their fingerprint criminal history background check response; can I give it to them?

A: Yes, as of 2010 the state and federal portion of the criminal history background check response may be shared with the individual, should the agency choose too, it is not a requirement. If sharing, please mark it with “COPY” and note it in your secondary dissemination log. Your agency can only share a copy of the response if the individual is requesting it for correction or challenging purposes. Many times an individual may request a copy of their previously received criminal history response in order to circumvent another fingerprinting process. Under no circumstances should you accept a response shared through an employee, rather than a school; beyond not meeting your legal requirement, it provides an opportunity for individuals to alter the record(s).

 

Q: I am a school, and I know I’m not supposed to release a copy of the CHRI response to the individual unless for the purpose of challenge or correction, but if the individual paid for the fingerprint check themselves, does this still apply?

A: Yes, the law does not dictate who is required to pay for the fingerprinting. However, under federal law, Title 28, CFR, 50.12 (b), references the exchange of FBI identification records obtained under this authority may be used solely for the purpose requested and cannot be disseminated outside the receiving departments, related agencies, or other authorized entities. The authorized purpose for the CHRI check was for employment, not for the individual to have a copy.

 

Q: Do we need a form for this request that the employee signs or can it be included in the Disclosure Documents upon hire? Regarding a question and answer on the MSP Q & A Sheet:

 

Original Question: Can one school agency complete a fingerprint background check on a substitute teacher and then share with other schools so as not to impose additional fingerprinting fees for the applicant?

Original Answer:  Yes, one authorized agency may run the check and then share the response with other K-12 schools, so long as the individual for whom the response pertains agrees in writing to share the response and has had not had a separation in service.

 

A: MCL 380.1230a(4) & (5) only state that a school may share the results with another school if the applicant agrees in writing allowing the school to do so. Please refer to your school or district legal advisor for your individual schools obligation of when this is to happen.

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Fingerprinting

Q: If I complete a fingerprint background check on an individual but then our school decides not to hire the individual, can I destroy the CHRI?

A: Prior to destroying any employee records it is recommended to confirm with your legal advisor. Also, if you requested fingerprints on an individual, whether they worked only one day or not, your agency is required to provide the two pieces of supporting documentation: Position Description & Consent.

 

Q: Can I have interns or student teachers fingerprinted under School Employment (SE) so that I can receive rapback?

A: No. However, if you are offering them a paid position (i.e. they have enough hours to legally substitute for their mentoring teacher), then you are required by law to run them under SE. However, as a school, volunteers and student teachers can be requested to complete fingerprint background check under the National Child Protection Act-Child Protection Volunteer (CPV).

 

Q: Can our intern or student teacher re-use the CPE/CPV response rather than being fingerprinted again under SE?

A: No. Criminal history responses cannot be re-used across laws or fingerprinting reasons, both by statute and because different laws have different behind-the-scenes handling processes.

 

Q: We ran a CPV check on a college student who had been volunteering with our school. He will soon be student teaching with us. Can we use the previous CPV response rather than re-fingerprinting?

A: Yes. CPV is the proper law/fingerprinting reason for a volunteer and student teachers who volunteers at a school. No state law exists that explicitly requires fingerprint-based background checks of student teachers, so it is at your school’s discretion what you accept/require. Should the individual become an employee of the school, the school is required by law to run a SE fingerprint check.

 

Q: If the National Child Protection Act (CPE/CPV) is not required by law, and I do not have a requiring state law for fingerprinting, what other background check options are there?

A: An agency may run name based criminal history background checks through ICHAT for a State of Michigan check. For non-publics, and non-profit organizations, a fee-waived ICHAT check is available. To find out eligibility please contact the Michigan State Police, ICHAT Coordinator at MSP-CRD-APPLHELP@michigan.gov.  

 

Q: What if a college or university also runs a school?

A: While they are doing business under the name of the elementary or secondary school administration, you may treat them as any other K-12 school and share the response. For example, Hillsdale College runs Hillsdale Academy and you can share SE responses with them for school employment purposes. If one of your teachers needs a check for a course s/he is taking at Hillsdale College, that is not acting as a school administration, so you cannot share (and the shared SE response would probably not fulfill the requirement there anyway).

 

Q: Do students also working for a school need to be background checked?

A: Yes, but a different kind. Per MCL 380.1230 (13), students enrolled in an education program are exempt; for current students up to age 19 and special education students up to age 26, run an ICHAT instead of completing a fingerprint background check. The law does not specify that it must be a student of your school, just that s/he still be enrolled as a pupil.

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Criminal History Record Information Privacy

Q: My school employee is requesting a copy of their fingerprint criminal history background check response; can I give it to them?


A: The only time a copy of the CHRI response can be provided to an individual is for the purpose of a challenge, correction, or update.  Individuals wishing to challenge or correct his or her record must make contact directly to the agency which contributed to the information in question. (Title 28 §20.34)  For additional appeal process information see our “Agency Appeal Process” template at www.michigan.gov/cjicats (Template) 
 

Q: What statutes or regulations are implicated regarding the privacy of CHRI information?

A: The FBI is empowered to exchange identification records with officials of state and local governments for purposes of licensing and employment if authorized by a state statute which has been approved by the Attorney General of the United States. The Attorney General’s approval authority is delegated to the FBI by Title 28, CFR, § 0.85(j). The standards employed by the FBI in approving Pub. L. 92-544 purposes have been established by a series of memoranda issued by the Department of Justice (DOJ), Office of General Counsel (OGC), and Access Integrity Unit (AIU).

Authorities

The noncriminal justice use of CHRI audit is based on the following guidelines, where applicable:

  • Title 5, United States Code (U.S.C.), Section 552, the Freedom of Information Act, requires the records be accurate, complete, timely, and relevant.
  • Title 28, U.S.C., § 534, authorizes dissemination of CHRI, and provides that access to CHRI is subject to cancellation if dissemination is made outside of the authorized recipient.
  • Title 5, U.S.C., § 552a, the Privacy Act, requires that agencies maintain a system of records which establish appropriate administrative, technical, and physical safeguards to ensure the security and confidentiality of records.
  • Title 42, U.S.C., Chapter 140, Subchapter II, § 14616, the National Crime Prevention and

Privacy Compact (Compact), established the Compact Council, which is authorized to establish rules, procedures, and standards for the use of Interstate Identification Index (III) for noncriminal justice purposes. Determining compliance includes, but is not limited to: assessing participation requirements; the continual maintenance; and security of CHRI.

  • Title 28, Code of Federal Regulations (CFR), 20.30, cites the administration of criminal justice shall include criminal identification activities, and the collection, storage and dissemination of CHRI.
  • Title 28, CFR, 20.33 (a)(2), authorizes the dissemination of CHRI contained in the III to federal agencies authorized to receive it pursuant to federal statute or Executive Order.
  • Title 28, CFR, 20.33 (a)(3), authorizes the dissemination of CHRI contained in the III for use in connection with licensing or employment, pursuant to Public Law (Pub. L.) 92-544, 86 Stat.1115, or other federal legislation, and for other uses for which dissemination is authorized by federal law. CHRI Audit Guide v2.0 4 March 4, 2009
  • Title 28, CFR, 50.12 (b), references the exchange of FBI identification records obtained under this authority may be used solely for the purpose requested and cannot be disseminated outside the receiving departments, related agencies, or other authorized entities.

 

Q. If I’ve been told I can no longer retain Criminal History Record Information (CHRI) and to appropriately destroy any electronic or physical CHRI, how should I do this?


A: The agency shall sanitize, that is, overwrite at least three times or degauss any electronic CHRI media. Inoperable electronic media shall be destroyed (cut up, shredded, etc.). Any physical CHRI media shall be destroyed by cross-cut shredding or incineration. Agencies previously having access and now restricted, will be subject to audit to ensure disposal has taken place. Therefore, agencies are to ensure that evidence of disposal (how performed) is available for audit purposes.

Criminal History Record Information Privacy

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Public School Charter Academy

Q: If a PSA turns in their CHRI Registration form before the October 12 response date, when does the changeover become active?

Once the MSP receives the PSA Registration form, the new authorized user/personnel becomes effective immediately.  October 12, 2015, is the latest all schools are to have their forms to us. In the communication MDE provided on August 10, 2015, it indicates that the PSA is to submit the completed form to MSP “prior to” October 12, 2015.  If the PSA decides later that it wants to choose a different option, the PSA would only need to complete and submit a new Registration form.

Q: If my Public School Academy (PSA) chooses our Authorizer or an ISD to vet fingerprints on behalf of our PSA, are the Criminal History Record Information (CHRI) records to remain at the school?

A: It is not an Michigan State Police (MSP) requirement to retain CHRI records at the school for those agencies selecting an Authorizer or a Local ISD to view and manager CHRI on behalf of the PSA; however, if the authorizer chooses to have the CHRI records remain at the school, records shall be secured and restricted to the authorized user/personnel only.  

Q: If my Public School Academy (PSA) is self-managed, do we still need to make an option on the CHRI Registration form?

A: Yes. If you are a self-managed PSA the CHRI Registration form is to be completed and returned with option two selected and indicated on your form that your agency is self-managed.

Q: Does the location of the PSA verses the location of the ISD or School District matter when vetting CHRI responses?

No. Pursuant to MCL 380.506 a PSA, with the approval of the authorizing body, may employ or contract with personnel as necessary for the operations of the PSA. The location of the two entities does not hinder the vetting operation by another authorized entity.

Q: Are PSA board members who process the checks required to be fingerprinted and is that allowed?

A: School board members are recognized as a governmental body pursuant to MCL 380.501 and therefore making permissible to have access to CHRI without first having a fingerprint background check according to federal law (Public Law 92-544).  However, this does not absolve the school from following the necessary personnel security requirements as provided in the FBI Criminal Justice Information Services (CJIS) Security Policy through alternative background check methods.  Furthermore, it is permissible for a school choose to fingerprint these PSA board members under school employment.

Q: Can a directly hired authorized recipient be duly employed; for example, by the school and the third party contractor (management company)?

Yes, as long as the individual is employed by the PSA, meaning:

  • Their pay checks come directly from the PSA board

  • They receive a W-2 from the PSA board

  • Contributions are made, or compensations is reported, to Michigan Public School Employees Retirement System (MPSERS)

 

Q: Will a PSA that uses an Authorizer, Intermediate School District (ISD), or other traditional school district need to have a contract or a Memorandum of Understanding (MOU) in place?  What needs to be in the contract or MOU?  How much time do they have to get that in place?

Yes, it would be our expectation that a MOU or similar agreement exist that outlines the individual roles and responsibilities of all parties involved.  Such contract or agreement is to be in place prior to implementation.  It’s recommended to refer to your legal advisor when entering into such relationships.

The agreement should, at a minimum, specify the terms and conditions of receiving CHRI on their behalf; limit the use of information to the purpose for which it is provided; include how CHRI is to be retained and destroyed; ensure that the dissemination of the information does not conflict with state or federal laws, regulations or standards; ensure the security of the CHRI; understand that the recipient will be subject to audit by the MSP, and abide by all FBI CJIS Security Requirements.

Q: Is there training for those individuals taking over the Criminal History Record Information (CHRI) screening process (i.e. reviewing the results and making determinations)?

A: The Michigan State Police does not offer any formal training.  Individuals designated to take over the process should be meeting with the previous individual who handled the background check process for the school.  There should be some conversations of what school disqualifiers should be, beyond the “listed offenses.” 

The MSP has tutorials that provide training on reading dispositions. http://www.michigan.gov/documents/msp/111ICHAT_Tutorial_How_To_Read_a_Criminal_History_421673_7.pdf 

Michigan Department of Education (MDE) has a web page dedicated to Criminal History Checks & Convictions Info to assist you in this process and provides a link a to the “listed offenses.” 

http://michigan.gov/mde/0,4615,7-140-5683_39798---,00.html

Based on the results, the authorized user/personnel will send a “Red Light/Green Light Letter” for the school to retain on file and for the hiring agency/management company. 

Q: Now that I have the CHRI, is there training that tells me how I am required to keep it?

To understand the overall security and management requirements of CHRI all schools are to adhere to the FBI Criminal Justice Information Services (CJIS) Security Policy, Appendix J. http://www.fbi.gov/about-us/cjis/cjis-security-policy-resource-center/view  

You can also visit the Michigan State Police (MSP) Security & Access website for additional tools and resources, www.michigan.gov/cjicats.  At the request of an NCJA, the MSP will present “NCJA use of Criminal Justice Information.”  This training is to assist schools in preparing for compliance audit reviews and includes training for the required security and management controls for school CHRI.

Q: Once an authorized user/ personnel of CHRI, how do I inform my PSA that an individual is qualified to work or be assigned at the school?

A: As the authorized user/personnel, you cannot disclose the results of a CHRI response to any person not authorized to receive it.  Therefore, you would simply state the individual was cleared or not cleared to work or be assigned at the school.  The Determination of Assignment (AKA red light green light notification) is a template that can be used to assist in communicating between the authorized user/personnel and school.  This form can be found at the following link: http://www.michigan.gov/cjicats (Templates).

Q: How will my Superintendent or Chief Administrator have the ability to specifically approve in writing an individual who has been convicted of a felony (other than a listed offense) for employment or work assignment if neither are eligible to receive the results or have the CHRI results verbally shared with him or her?

Pursuant to state law if a school receives a CHRI result that discloses an individual has been convicted of a felony, the school shall take steps to verify the information using public records.  These public records received can be shared by the PSA board with the Superintendent or Chief administrator. (MCL 380.1230a(10))

Q: If a PSA turns in their CHRI Registration form before the October 12 response date, when does the changeover become active?

Once the MSP receives the PSA Registration form, the new authorized user/personnel becomes effective immediately.  October 12, 2015, is the latest all schools are to have their forms to us. In the communication MDE provided on August 10, 2015, it indicates that the PSA is to submit the completed form to MSP “prior to” October 12, 2015.  If the PSA decides later that it wants to choose a different option, the PSA would only need to complete and submit a new Registration form.

Q: If my Public School Academy (PSA) chooses our Authorizer or an ISD to vet fingerprints on behalf of our PSA, are the Criminal History Record Information (CHRI) records to remain at the school?

A: It is not an Michigan State Police (MSP) requirement to retain CHRI records at the school for those agencies selecting an Authorizer or a Local ISD to view and manager CHRI on behalf of the PSA; however, if the authorizer chooses to have the CHRI records remain at the school, records shall be secured and restricted to the authorized user/personnel only.  

Q: If my Public School Academy (PSA) is self-managed, do we still need to make an option on the CHRI Registration form?

A: Yes. If you are a self-managed PSA the CHRI Registration form is to be completed and returned with option two selected and indicated on your form that your agency is self-managed.

Q: Does the location of the PSA verses the location of the ISD or School District matter when vetting CHRI responses?

No. Pursuant to MCL 380.506 a PSA, with the approval of the authorizing body, may employ or contract with personnel as necessary for the operations of the PSA. The location of the two entities does not hinder the vetting operation by another authorized entity.

Q: Are PSA board members who process the checks required to be fingerprinted and is that allowed?

A: School board members are recognized as a governmental body pursuant to MCL 380.501 and therefore making permissible to have access to CHRI without first having a fingerprint background check according to federal law (Public Law 92-544).  However, this does not absolve the school from following the necessary personnel security requirements as provided in the FBI Criminal Justice Information Services (CJIS) Security Policy through alternative background check methods.  Furthermore, it is permissible for a school choose to fingerprint these PSA board members under school employment.

Q: Can a directly hired authorized recipient be duly employed; for example, by the school and the third party contractor (management company)?

Yes, as long as the individual is employed by the PSA, meaning:

  • Their pay checks come directly from the PSA board

  • They receive a W-2 from the PSA board

  • Contributions are made, or compensations is reported, to Michigan Public School Employees Retirement System (MPSERS)

 

Q: Will a PSA that uses an Authorizer, Intermediate School District (ISD), or other traditional school district need to have a contract or a Memorandum of Understanding (MOU) in place?  What needs to be in the contract or MOU?  How much time do they have to get that in place?

Yes, it would be our expectation that a MOU or similar agreement exist that outlines the individual roles and responsibilities of all parties involved.  Such contract or agreement is to be in place prior to implementation.  It’s recommended to refer to your legal advisor when entering into such relationships.

The agreement should, at a minimum, specify the terms and conditions of receiving CHRI on their behalf; limit the use of information to the purpose for which it is provided; include how CHRI is to be retained and destroyed; ensure that the dissemination of the information does not conflict with state or federal laws, regulations or standards; ensure the security of the CHRI; understand that the recipient will be subject to audit by the MSP, and abide by all FBI CJIS Security Requirements.

Q: Is there training for those individuals taking over the Criminal History Record Information (CHRI) screening process (i.e. reviewing the results and making determinations)?

A: The Michigan State Police does not offer any formal training.  Individuals designated to take over the process should be meeting with the previous individual who handled the background check process for the school.  There should be some conversations of what school disqualifiers should be, beyond the “listed offenses.” 

The MSP has tutorials that provide training on reading dispositions. http://www.michigan.gov/documents/msp/111ICHAT_Tutorial_How_To_Read_a_Criminal_History_421673_7.pdf 

Michigan Department of Education (MDE) has a web page dedicated to Criminal History Checks & Convictions Info to assist you in this process and provides a link a to the “listed offenses.” 

http://michigan.gov/mde/0,4615,7-140-5683_39798---,00.html

Based on the results, the authorized user/personnel will send a “Red Light/Green Light Letter” for the school to retain on file and for the hiring agency/management company. 

Q: Now that I have the CHRI, is there training that tells me how I am required to keep it?

To understand the overall security and management requirements of CHRI all schools are to adhere to the FBI Criminal Justice Information Services (CJIS) Security Policy, Appendix J. http://www.fbi.gov/about-us/cjis/cjis-security-policy-resource-center/view  

You can also visit the Michigan State Police (MSP) Security & Access website for additional tools and resources, www.michigan.gov/cjicats.  At the request of an NCJA, the MSP will present “NCJA use of Criminal Justice Information.”  This training is to assist schools in preparing for compliance audit reviews and includes training for the required security and management controls for school CHRI.

Q: Once an authorized user/ personnel of CHRI, how do I inform my PSA that an individual is qualified to work or be assigned at the school?

A: As the authorized user/personnel, you cannot disclose the results of a CHRI response to any person not authorized to receive it.  Therefore, you would simply state the individual was cleared or not cleared to work or be assigned at the school.  The Determination of Assignment (AKA red light green light notification) is a template that can be used to assist in communicating between the authorized user/personnel and school.  This form can be found at the following link: www.michigan.gov/cjicats (Templates).

Q: How will my Superintendent or Chief Administrator have the ability to specifically approve in writing an individual who has been convicted of a felony (other than a listed offense) for employment or work assignment if neither are eligible to receive the results or have the CHRI results verbally shared with him or her?

Pursuant to state law if a school receives a CHRI result that discloses an individual has been convicted of a felony, the school shall take steps to verify the information using public records.  These public records received can be shared by the PSA board with the Superintendent or Chief administrator. (MCL 380.1230a(10))

Q: If a PSA turns in their CHRI Registration form before the October 12 response date, when does the changeover become active?

Once the MSP receives the PSA Registration form, the new authorized user/personnel becomes effective immediately.  October 12, 2015, is the latest all schools are to have their forms to us. In the communication MDE provided on August 10, 2015, it indicates that the PSA is to submit the completed form to MSP “prior to” October 12, 2015.  If the PSA decides later that it wants to choose a different option, the PSA would only need to complete and submit a new Registration form.

Q: If my Public School Academy (PSA) chooses our Authorizer or an ISD to vet fingerprints on behalf of our PSA, are the Criminal History Record Information (CHRI) records to remain at the school?

A: It is not an Michigan State Police (MSP) requirement to retain CHRI records at the school for those agencies selecting an Authorizer or a Local ISD to view and manager CHRI on behalf of the PSA; however, if the authorizer chooses to have the CHRI records remain at the school, records shall be secured and restricted to the authorized user/personnel only.  

Q: If my Public School Academy (PSA) is self-managed, do we still need to make an option on the CHRI Registration form?

A: Yes. If you are a self-managed PSA the CHRI Registration form is to be completed and returned with option two selected and indicated on your form that your agency is self-managed.

Q: Does the location of the PSA verses the location of the ISD or School District matter when vetting CHRI responses?

No. Pursuant to MCL 380.506 a PSA, with the approval of the authorizing body, may employ or contract with personnel as necessary for the operations of the PSA. The location of the two entities does not hinder the vetting operation by another authorized entity.

Q: Are PSA board members who process the checks required to be fingerprinted and is that allowed?

A: School board members are recognized as a governmental body pursuant to MCL 380.501 and therefore making permissible to have access to CHRI without first having a fingerprint background check according to federal law (Public Law 92-544).  However, this does not absolve the school from following the necessary personnel security requirements as provided in the FBI Criminal Justice Information Services (CJIS) Security Policy through alternative background check methods.  Furthermore, it is permissible for a school choose to fingerprint these PSA board members under school employment.

Q: Can a directly hired authorized recipient be duly employed; for example, by the school and the third party contractor (management company)?

Yes, as long as the individual is employed by the PSA, meaning:

  • Their pay checks come directly from the PSA board

  • They receive a W-2 from the PSA board

  • Contributions are made, or compensations is reported, to Michigan Public School Employees Retirement System (MPSERS)

 

Q: Will a PSA that uses an Authorizer, Intermediate School District (ISD), or other traditional school district need to have a contract or a Memorandum of Understanding (MOU) in place?  What needs to be in the contract or MOU?  How much time do they have to get that in place?

Yes, it would be our expectation that a MOU or similar agreement exist that outlines the individual roles and responsibilities of all parties involved.  Such contract or agreement is to be in place prior to implementation.  It’s recommended to refer to your legal advisor when entering into such relationships.

The agreement should, at a minimum, specify the terms and conditions of receiving CHRI on their behalf; limit the use of information to the purpose for which it is provided; include how CHRI is to be retained and destroyed; ensure that the dissemination of the information does not conflict with state or federal laws, regulations or standards; ensure the security of the CHRI; understand that the recipient will be subject to audit by the MSP, and abide by all FBI CJIS Security Requirements.

Q: Is there training for those individuals taking over the Criminal History Record Information (CHRI) screening process (i.e. reviewing the results and making determinations)?

A: The Michigan State Police does not offer any formal training.  Individuals designated to take over the process should be meeting with the previous individual who handled the background check process for the school.  There should be some conversations of what school disqualifiers should be, beyond the “listed offenses.” 

The MSP has tutorials that provide training on reading dispositions. http://www.michigan.gov/documents/msp/111ICHAT_Tutorial_How_To_Read_a_Criminal_History_421673_7.pdf 

Michigan Department of Education (MDE) has a web page dedicated to Criminal History Checks & Convictions Info to assist you in this process and provides a link a to the “listed offenses.” 

http://michigan.gov/mde/0,4615,7-140-5683_39798---,00.html

Based on the results, the authorized user/personnel will send a “Red Light/Green Light Letter” for the school to retain on file and for the hiring agency/management company. 

Q: Now that I have the CHRI, is there training that tells me how I am required to keep it?

To understand the overall security and management requirements of CHRI all schools are to adhere to the FBI Criminal Justice Information Services (CJIS) Security Policy, Appendix J. http://www.fbi.gov/about-us/cjis/cjis-security-policy-resource-center/view  

You can also visit the Michigan State Police (MSP) Security & Access website for additional tools and resources, www.michigan.gov/cjicats.  At the request of an NCJA, the MSP will present “NCJA use of Criminal Justice Information.”  This training is to assist schools in preparing for compliance audit reviews and includes training for the required security and management controls for school CHRI.

Q: Once an authorized user/ personnel of CHRI, how do I inform my PSA that an individual is qualified to work or be assigned at the school?

A: As the authorized user/personnel, you cannot disclose the results of a CHRI response to any person not authorized to receive it.  Therefore, you would simply state the individual was cleared or not cleared to work or be assigned at the school.  The Determination of Assignment (AKA red light green light notification) is a template that can be used to assist in communicating between the authorized user/personnel and school.  This form can be found at the following link: Templates

Q: How will my Superintendent or Chief Administrator have the ability to specifically approve in writing an individual who has been convicted of a felony (other than a listed offense) for employment or work assignment if neither are eligible to receive the results or have the CHRI results verbally shared with him or her?

Pursuant to state law if a school receives a CHRI result that discloses an individual has been convicted of a felony, the school shall take steps to verify the information using public records.  These public records received can be shared by the PSA board with the Superintendent or Chief administrator. (MCL 380.1230a(10))