CRIMINAL RECORD INQUIRIES

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CRIMINAL RECORD INQUIRIESSpecial Operations DivisionCriminal Information and Identification SectionLaw Enforcement/Criminal Justice Use OnlyRevised 5/23/2016

TABLE OF CONTENTSOutline4Sources of Criminal RecordsSBI Computerized Criminal History File8NCIC Interstate Identification Index — III8Other States/Canadian Repositories9CHRI — Criminal History Record Information9Access and Dissemination Requirements for CCH/CHRIAccess9Dissemination10Terminal Operator’s Responsibility11Authorized Uses and Transactions for National/State RecordsCriminal Justice Information11Criminal Justice — Purpose Code C11Criminal Justice Employment — Purpose Code J13Public Housing Authority — Purpose Code H13Domestic Violence/Stalking — Purpose Code D14Weapons Related Checks — Purpose Code F14Transactions for National/State Criminal Records15Authorized Uses and Transactions for NC ONLY RecordsLicensing/Non-Criminal Justice Employment — Exx16Defense/Private Attorney — Purpose Code PA16Guardian Ad Litem — Purpose Code GA16Transactions for NC Only Criminal/Investigative Record17Nlets Transactions for Criminal/Investigative InformationOther State (Repositories) Criminal Record Inquiries17Canadian CCH Inquiries182Law Enforcement/Criminal Justice Use OnlyRevised 5/23/2016

Other States/Canadian Local Record Transactions18Other States Parole/Probation/Corrections Transactions18Nlets Help Files19ICE Law Enforcement Support Center Inquiry19DCI Criminal History Inquiries Log — QCHLInquiry20Response20Agency’s Responsibilities21NC Administrative Office of the Courts (AOC) RecordsNC Criminal Court Records21Access, Use and Dissemination of AOC Records22DCIN Transactions for AOC Records22NC Department of Corrections Internet SiteNC Offender Information24Accessing DOC Website25Forms SectionDefense Attorney Access Form27Public Housing Authority Access Form28-29PHA Access Form Instructions30DSS Request Form31Independent Workbook ExercisesSources of Records and Access/Dissemination33Authorized Uses and Transactions for National/State34Authorized Uses and Transactions for NC Only Records36Nlets Transactions and CCH Log37AOC Inquiries38Instructions For Taking the Online Test39-403Law Enforcement/Criminal Justice Use OnlyRevised 5/23/2016

Title:Module 2 – Criminal Record InquiriesPurpose:To present to the student an overview of the types of criminal records thatare available to authorized users, how to access these records and thelaws, rules and regulations regarding the use of these records.TrainingObjectives:At the end of this block of instruction, the student will be able to achievethe following objectives in accordance with information received during theinstructional period:1. Identify the sources of criminal records available to authorized users toinclude SBI, FBI and Nlets (Canadian and Other State) records.2. Explain State/Federal rules and regulations regarding access anddissemination of these criminal records.3. Identify the three (3) DCIN operator responsibilities regardingaccessing criminal records from SBI, FBI and Nlets sources.4. Given a scenario, identify the correct transaction and purpose code thatwould be used to process a criminal record request.5. Be able to retrieve and print a monthly criminal record log as requiredby DCIN regulations.6. Identify the agency responsibilities regarding review and maintaining ofthe monthly criminal record log as required by DCIN regulations.7. Discuss the types of records available from the NC AdministrativeOffice of the Courts (AOC) computer system.8. Given a scenario, identify the correct transaction that would be used toprocess a record check request through the AOC computer system.9. Identify at least three (3) investigative resources available forauthorized users from the NC Department of Correction website.Hours:Six (6)InstructionalMethod:Lecture/DiscussionTraining Aids:Computer Slide ProjectorComputer SlideshowStudent Training Manual/Workbook4Law Enforcement/Criminal Justice Use OnlyRevised 5/23/2016

Revised By:Marie JerniganSupervisorTraining UnitSBI Criminal Information and Identification SectionRevised Date:May 23, 2016Revised By:Jeannie McBrideCriminal Information Training SpecialistTraining UnitSBI Criminal Information and Identification SectionRevised Date:July 15, 2015Revised By:Patricia ViveretteCriminal Information Training SpecialistTraining UnitSBI Criminal Information and Identification SectionRevised Date:May 28, 2015Revised By:Rusty BarnettCriminal Information Training SpecialistTraining UnitSBI Criminal Information and Identification SectionRevised Date:March 19,2015Revised By:Rusty BarnettCriminal Information Training SpecialistTraining UnitSBI Criminal Information Identification SectionRevised Date:March 4, 2015Revised By:Patricia ViveretteCriminal Information Training SpecialistTraining UnitSBI Criminal Information and Identification SectionRevised Date:February 23, 2015Revised By:Rusty BarnettDistrict Training SpecialistTraining UnitSBI Criminal Information and Identification SectionRevised Date:October 8, 20135Law Enforcement/Criminal Justice Use OnlyRevised 5/23/2016

Revised By:Rusty BarnettDistrict Training SpecialistTraining UnitSBI Criminal Information and Identification SectionRevised Date:July 27, 2011Revised By:Patricia ViveretteDistrict Training SpecialistTraining UnitSBI Criminal Information and Identification SectionRevised Date:January 29, 2010Revised By:Patricia ViveretteDistrict Training SpecialistTraining UnitSBI Criminal Information and Identification SectionRevised Date:March 27, 2009Revised By:Patricia ViveretteDistrict Training SpecialistTraining UnitSBI Criminal Information and Identification SectionRevised Date:October 6, 2008Revised By:Patricia ViveretteDistrict Training SpecialistTraining UnitSBI Criminal Information and Identification SectionRevised Date:January 17, 2008Revised By:Patricia ViveretteDistrict Training SpecialistTraining UnitSBI Criminal Information and Identification SectionRevised Date:March 8, 2007Revised By:Patricia ViveretteDistrict Training SpecialistTraining UnitSBI Criminal Information and Identification SectionRevised Date:August 12, 20066Law Enforcement/Criminal Justice Use OnlyRevised 5/23/2016

Revised By:Patricia ViveretteDistrict Training SpecialistTraining UnitSBI Criminal Information and Identification SectionRevised Date:December 15, 2005Revised By:Patricia ViveretteDistrict Training SpecialistTraining UnitSBI Criminal Information and Identification SectionRevised Date:June 30, 20057Law Enforcement/Criminal Justice Use OnlyRevised 5/23/2016

I.Sources of Criminal RecordsA.B.SBI Computerized Criminal/Investigative Records1.NC Computerized Criminal History File (CCH)a)Criminal records of individuals who have been arrestedand the SBI has received a valid criminal fingerprint card;these records are identified with a NC SID Number endingwith “A”.b)Historical misdemeanor fingerprint cards, which willprovide the identification record only.(1) An AOC inquiry must be performed to obtain thearrest and court data.(2) These records are identified with a NC SID Numberending with “H”.2.Juvenile Investigative Recordsa)Juveniles who have been adjudicated delinquent andfingerprinted in accordance with NCGS 7B-2102.b)Only juveniles who were 10 years old or older at thetime they allegedly committed the offense that would bea Class A, B, C, D, or E felony if committed by an adult.c)These records are identified with a NC SID Numberending with “J”.3.NC criminal/investigative records normally consist of threecomponents that are merged together electronically by theSBI Criminal Information & Identification Section (CIIS).a)Arrest Data Segment – records of an individual’sarrest for a crime in which the individual wasfingerprinted; created from fingerprint cards submittedby NC law enforcement agencies.b)Court Disposition Segment – disposition status of thecharge(s); supplied by NC Administrative Office of theCourts (AOC) after disposition by the courts.c)Custody Data Segment – custodial/prison information;supplied by NC Department of Correction if theindividual was convicted and received custody sentence.NCIC Interstate Identification Index — III1.National name index for which the FBI has received a validcriminal fingerprint card.2.Includes:8Law Enforcement/Criminal Justice Use OnlyRevised 5/23/2016

a)b)c)C.II.Criminal records of all persons born in 1956 or later witha FBI record.Persons born prior to 1956 whose first arrest fingerprintcard was submitted to the FBI on July 1, 1974 or later.Numerous older records converted to the automatedsystem since III was implemented.3.Includes identification information with an automatic pointerto the state(s) or federal agency housing the computerizedrecord.4.NC Historical and Juvenile Investigative records are not indexedin III.Other States/Canadian Criminal/Investigative Information1.Other State Repositoriesa)Computerized files maintained at the state level only.b)May include various types of records such as criminal,arrest, etc.2.Canadian Police Information Center (CPIC)a)Name index and complete criminal history records forCanada.b)Response(s) may be reviewed by CPIC before beingreturned to the requestor.3.Criminal History Record Information (CHRI) ― local agenciesin other states and/or Canadaa)Records which may or may not be documented byfingerprint cards.b)Referred to as criminal history record information(CHRI).Access & Dissemination Requirements for CCH/CHRIA.Access1.Restricted to authorized law enforcement/criminaljustice agencies. Limited access ORIs are not authorized toaccess SBI/NCIC/Nlets criminal records. Only NC AOC recordsmay be accessed by limited access ORIs (see Section VII forAOC record information).9Law Enforcement/Criminal Justice Use OnlyRevised 5/23/2016

2.“Need to Know” is access for the administration of criminaljustice or criminal justice employment.NOTE: A certification message is displayed each timeyou sign into Omnixx Force. This is anelectronic acknowledgement that you, as anoperator, understand and agree to abide by allregulations that apply to DCIN and are subjectto any penalties that would apply as a result ofmisuse.B.3.“Right to Know” (Right to Review Process) allows anindividual to request a review of his/her computerized record.a)Local agencies are not authorized for this reason.b)Individual would need to contact the SBI CriminalInformation & Identification Section and submitfingerprints to verify identity.4.Title 28 CFR Part 20.3 defines the administration ofcriminal justice as the performance of any of the followingactivities involving accused persons or criminal etrial Releasee)Post-Trial Releasef)Prosecutiong)Adjudicationh)Correctional Supervisioni)RehabilitationDissemination1.The SBI stores an automated log of criminal/investigativeinquiries.2.Automated log will contain the information supplied by theoperator in the inquiry transaction.3.Secondary Dissemination is dissemination to any personoutside the initial requesting agency. This must be indicatedin the inquiry screen (AT2) and in the case file pertaining tothat record. This field may also be utilized to indicate thepurpose of the request if not being used for Secondary10Law Enforcement/Criminal Justice Use OnlyRevised 5/23/2016

Dissemination. For example, NCIC Entry, SOR File, Arrest orlist the appropriate OCA Number.C.Terminal Operator's Responsibility1.Determine specific reason for request.2.Choose the appropriate transaction and purpose code for thegiven reason.3.Indicate if a secondary dissemination will be made.III. Authorized Uses and Transactions for National/State RecordsA.B.Criminal Justice Information1.The Privacy Act of 1974 requires the FBI to maintain an audittrail of the purpose of each disclosure of a criminal historyrecord and the recipient of that record. Therefore, lawenforcement agencies must have the ability to account for allcriminal history inquiries.2.Caution should be exercised when running criminal recordinquiries.3.State/National and NC Only purpose codes are notinterchangeable.4.Seek guidance when in doubt.Criminal Justice — Purpose Code C1.Requests for the administration of criminal justice such ascriminal investigations, court, bond/probation hearings, etc.2.Security of the Criminal Justice Facilitya)Vendors or contractors at the criminal justice facilitywho are NOT involved with the actual administration ofcriminal justice at the criminal justice agency.(1) Carpet cleaners, individuals responsible formaintaining vending machines, custodial ormaintenance workers(2) Private wrecker operators who recoverautomobiles impounded as evidence11Law Enforcement/Criminal Justice Use OnlyRevised 5/23/2016

b)Volunteers at the criminal justice facility who are NOTinvolved with the administration of criminal justice atthe criminal justice agency.(1) Participants in community ride-along programs(2) Volunteers at a confinement facility who providesocial or community services rather thanrehabilitative servicesc)Confinement facility visitors3.Inmates of a confinement facility for proper inmateclassification.4.Security of a military installation – authorizes a militarycriminal justice agency (military police) to utilize Purpose Code“C” in screening of visitors and contractors being admitted intotheir installation.5.Defendants, co-defendants, jurors, witnesses, experts, etc. —but only for prosecutorial purposes in a criminal court, a courtof general jurisdiction, or an appellate court.6.Juvenile investigative records are not criminal history recordsand are for criminal justice investigative uses only. Juvenileinvestigative records will only be provided when Purpose Code“C” is used.7.Department of Social Services — Child Protective Services —Purpose Code C is used by Governmental Social Serviceagencies with child protection responsibilities and the NationalCenter for Missing and Exploited Children to access FBIcriminal history record information under Section 151 of theAdam Walsh Child Protection and Safety Act of 2006 (PublicLaw 109-248). An NCIC Originating Agency (ORI) ending inthe alpha character “F” has been established for Section 151access.a)b)This is the only authorized purpose code allowed for DSSagencies and can only be used when investigating orresponding to allegations of abuse, neglect, orexploitation of a minor.In order to access CCH/CHRI information, each DSSoffice with an ORI, must utilize and maintain theCriminal History Request Form capturing the requestingagency information, the search being requested and theprocessing agency information. A copy of the Criminal12Law Enforcement/Criminal Justice Use OnlyRevised 5/23/2016

History Request Form is located in the Forms section ofthis manual.NOTE: You must use the DSS agency’s ORI on theinquiry.C.D.Criminal Justice Employment — Purpose Code J1.Background investigations of the criminal justice agencypersonnel.a)Includes sworn officers, communications and recordspersonnel, etc.b)Includes “friends, relatives, and associates” of theemployee or applicant who is subject to the backgroundinvestigation.2.Vendors or contractors at the criminal justice agency who AREinvolved with the actual administration of criminal justice atthe criminal justice agency.a)Personnel involved with maintenance of computersystems, upgrading record systems, etc.b)CJIS Security Policy requires fingerprint-basedbackgrounding for all personnel who are responsible forconfiguring and maintaining computer systems andnetworks with access to the FBI CJIS network.3.Volunteers at the criminal justice agency who ARE involvedwith the actual administration of criminal justice at thecriminal justice agency.a)Volunteer dispatchers, data entry clerks, etc.b)Volunteers at a confinement facility who are providinginmate rehabilitation.4.Criminal history inquires CANNOT be made (using any purposecode) for BLET sponsorship unless the individual is employedby or has applied for employment for an open position at theinquiring agency.5.Agency also CANNOT run AOC or DMV inquires for BLETsponsorship.Public Housing Authority — Purpose Code H1.Requests by authorized public housing authorities assigned anORI.13Law Enforcement/Criminal Justice Use OnlyRevised 5/23/2016

2.Only authorized use is for background checks on adultapplicants for (or tenants of) public housing for purposes ofapplicant screening, lease enforcement, and eviction.3.Public housing authority (PHA) may not receive a copy of the“QH” response. They shall only be advised if a “possible”record exists or no record exists.4.Public housing authority must submit fingerprint cards to theFBI in order to obtain the criminal record.* * A QR Purpose Code H is not allowed. * *5.The SBI has developed a recommended request form to beused for public housing authority requests and responses.This form clearly identifies required procedures the publichousing authority must follow.NOTE:E.F.Agencies must use the PHA’s ORI on theinquiry.Domestic Violence and Stalking — Purpose Code D1.Requests only by civil and criminal courts for use in domesticviolence and stalking court cases (for use by magistrates andjudges).2.Civil courts are authorized to access criminal history files forthis purpose only.3.Law enforcement officers conducting routine investigations fordomestic violence and stalking cases should be using PurposeCode “C”.Weapon Related Checks — Purpose Code F1.Three specific reasons for running Purpose Code F:a)DVO requiring the defendant to surrender weapon(s) forduration of the Order.b)Law enforcement seizes a weapon as evidence in acriminal case.c)Law enforcement takes a weapon for safe keeping.2.At no time should this be used instead of a NICS inquiry forSheriffs’ Offices in issuing permits to purchase or permits to14Law Enforcement/Criminal Justice Use OnlyRevised 5/23/2016

carry concealed. A National Instant Criminal BackgroundCheck System (NICS) check is required before theissuance of a permit. This purpose code may be used inaddition to a NICS transaction when performing the IAQtransaction on a non US Citizen for a permit to purchase. Thispurpose code may also be utilized with Nlets inquiries (IQ, FQ,AQ, & CIQ) to supplement NICS background checks forweapon permits, but should never be used instead of a NICSinquiry.G.IV.Transactions for National & State Criminal/InvestigativeRecords1.National and state criminal/investigative name inquiry ― QHa)Name and numeric identifier(s) (DOB, SOC, etc.)must be used.b)Provides identification record with FBI and/or SID.c)Performs Wanted/Missing Person search which includesa search of the following NCIC files: Wanted Persons,Foreign Fugitive, Protective Interest*, ImmigrationViolators*, Gang*, Known or Appropriately SuspectedTerrorist*, Protection Orders, Sex Offenders*,Supervised Release*, Identity Theft* and the ViolentPerson File*.d)Performs search of NC Concealed Handgun Permits*, NCSexual Offender Registration* files and NC DOCRecords*.e)Response from files with an * should only be givento criminal justice agencies.2.National and state criminal/investigative record inquiry ― QRa)Name and either FBI or SID must be used.b)Provides complete computerized criminal history record.c)Cannot be performed for a public housing authority(Purpose Code H).3.Responses include:a)National (III) records.b)State (SBI CCH) records (including NC juvenileinvestigative records if Purpose Code C is used).c)Nlets criminal record responses.Authorized Uses and Transactions for NC ONLY Records15Law Enforcement/Criminal Justice Use OnlyRevised 5/23/2016

A.B.C.Licensing/Non-Criminal Justice Employment — Purpose CodeExx (xx is numeric code)1.Background checks on applicants/employees for non-criminaljustice employment such as taxi permits, precious metaldealer permits, etc.2.Access authorized for those agencies that have writtenapproval from SBI in conjunction with the Attorney General’sOffice.3.Written requests by local ag

Student Training Manual/Workbook . 5 Law Enforcement/Criminal Justice Use Only Revised 5/23/2016 Revised By: Revised Date: Revised By: Revised Date: Revised By: Revised Date: Revised By: Revised Date: Revised By: Revised Date: Revised By: Revised Date: Revised By: Revised Date: Marie Jernigan Supervisor Training Unit SBI Criminal Information and Identification Section May 23, 2016 Jeannie .

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