Criminal Background Checks Myths and Misunderstandings Benefits U September 8, 2010 Kerry Creach and Sue Lauberth Missouri State Highway Patrol Criminal Justice Information Services (CJIS) Division Background Check vs. Criminal Record Check Driving Records Credit Records Social Security No. Court Records Bankruptcy Neighbor Interviews Property Ownership State Licensing Records Past Employers Incarceration Records Vehicle Registration Criminal Records Education Records Workers Compensation Character References Medical Records Military Records Drug Test Records Personal References Sex Offender Lists
What is Criminal History? All events tied to a single defendant in the criminal justice system Based on fingerprints Compiled by a central repository Available to criminal justice agencies as well as private citizens Used in sentencing, employment, etc. Required by statute
SID NO MO. LAST NAME FIRST NAME MIDDLE NAME DATE OF BIRTH OFFENSE CYCLE NO. FBI NO. RESIDENCE PLACE OF BIRTH SOCIAL SECURITY NO. SID NO MO. LAST NAME FIRST NAME MIDDLE NAME DATE OF BIRTH OFFENSE CYCLE NO. SIGNATURE OF PERSON FINGERPRINTED SIGNATURE OF OFFICIAL TAKING FINGERPRINTS COUNTRY OF CITIZENSHIP OFFENDER ID NO. SEX RACE HGT. WGT. EYES HAIR ARRESTING AGENCY NAME & ORI ARRESTING OFF. BADGE NO. DATE OF ARREST DATE OF OFFENSE COUNTY OF ARREST OCA / INCIDENT NO. FBI NO. RESIDENCE PLACE OF BIRTH SOCIAL SECURITY NO. SIGNATURE OF PERSON FINGERPRINTED SIGNATURE OF OFFICIAL TAKING FINGERPRINTS COUNTRY OF CITIZENSHIP OFFENDER ID NO. SEX RACE HGT. WGT. EYES HAIR ARRESTING AGENCY NAME & ORI OFF. TYPE OFFENSE STATUTE CHARGE CODE NCIC DISPOSITION (F, M, O) ARRESTING OFF. BADGE NO. DATE OF ARREST DATE OF OFFENSE COUNTY OF ARREST OCA / INCIDENT NO. OFF. TYPE OFFENSE STATUTE CHARGE CODE NCIC DISPOSITION (F, M, O) DATE FINGERPRINTED NCIC ACTION TAKEN BY PROSECUTOR PROSECUTOR S ORI NO. CHARGE DESCRIPTION CHARGE TYPE CHARGE CODE PROSECUTOR CASE NUMBER DATE FINGERPRINTED NCIC DATE ACTION TAKEN ACTION TAKEN BY PROSECUTOR PROSECUTOR S ORI NO. CHARGE DESCRIPTION CHARGE TYPE CHARGE CODE PROSECUTOR CASE NUMBER SIGNATURE DATE ACTION TAKEN 4. 5. 6. 7. 8. 4. 5. 6. 7. 8. PROSECUTING/CIRCUIT ATTORNEY COPY THE PROSECUTING ATTORNEY OR CIRCUIT ATTORNEY SHALL NOTIFY THE MISSOURI STATE HIGHWAY PATROL, CRIMINAL RECORDS AND IDENTIFICATION DIVISION OF ACTION TAKEN. MAIL TO: MISSOURI STATE HIGHWAY PATROL & IDENTIFICATION DIVISION P.O. BOX 568 JEFFERSON CITY, MO 65102 PHONE: (573) 526-6153 SIGNATURE PROSECUTING/CIRCUIT COURT COPY ATTORNEY COPY THE PROSECUTING ATTORNEY OR CIRCUIT ATTORNEY SHALL NOTIFY THE MISSOURI STATE HIGHWAY PATROL, CRIMINAL RECORDS AND IDENTIFICATION THIS COPY DIVISION IS TO PROVIDE OF ACTION THE TAKEN. OFFENSE CYCLE NUMBER AND ARREST/CHARGE INFORMATION TO THE COURT FOR FINAL DISPOSITION REPORTING MAIL TO: MISSOURI STATE HIGHWAY PATROL CRIMINAL RECORDS & IDENTIFICATION DIVISION P.O. BOX 568 JEFFERSON CITY, MO 65102 PHONE: (573) 526-6153 Who Reports to the Repository? Law Enforcement Prosecutor Department of Mental Health Department of Corrections Courts Creating and Maintaining a Criminal Record MULES Criminal History System SID # AFIS Law Enforcement Components of the State Criminal Card DOE JOHN D 10-6-1976 Prosecuting Attorney 99168415 348 JACKSON, KANSAS CITY, MO MO 123-45-6789 DOE JOHN D 10-6-1976 99168415 X X USA 348 JACKSON, KANSAS CITY, MO MO 123-45-6789 54321 M W 5 9 170 BRO BRO X JEFFERSON CITY X PD USA 1201 10-06-05 4-11-99 10-06-05 4-11-99 COLE 05-20344 99-20344 MO02602100 MO0260100 54321 M W 5 9 170 BRO BRO JEFFERSON CITY PD F F DWI-PERSISTENT OFFENDER 577.010 1201 10-06-05 4741004.0 4-11-99 10-06-05 4-11-99 5404 RFP COLE 05-20344 99-20344 MO02602100 MO0260100 F F ASSAULT/ATTEMPT 2ND - VEHICULAR ASSLT LE OFF 1 ST DEG 565.060 565.081 1303399.0 1310010.0 1399 1310 RFP F F RESISTING ARREST FOR FELONY 575.150 F F DWI-PERSISTENT 2702000 4801 RFP OFFENDER 577.010 4741004.0 5404 RFP F F ASSAULT/ATTEMPT 2ND - VEHICULAR ASSLT LE OFF 1 ST 10-06-05 DEG 565.060 565.081 1303399.0 1310010.0 1399 1310 RFP 4-11-99 F F RESISTING ARREST FOR FELONY 575.150 2702000 4801 RFP MO026013A 10-06-05 4-11-99 FILED F 4741004.0 CR300-123F FILED 10-19-05 5-15-99 MO026013A FILED F 4741004.0 CR300-123F FILED 5-15-99 10-19-05 CHARGE NOT FILED GP - 11/05/2005, 2yrs confinement CHARGE NOT FILED FILED AS EWC 2ND M F 2605206.0 2605006.0 CR300-123F FILED AS EWC 2ND F M 2605206.0 2605006.0 CR300-123F Dismissed - 11/05/2005 Court
A Personal Identifier Search is based on name, date of birth and social security # Allows access to open records only Searches against sex offender registry file Not a positive/guaranteed match $10.00 fee Fingerprint-Based Criminal Record Check Provides access to closed record information Searches against sex offender registry file Provides positive/guaranteed match Eliminates the possibility of false positives or false negatives $20.00 fee Name Based Inquiries Fingerprint Based Inquiries Convictions An arrested record within the past 30 days An arrest record where charges are filed 4. An SIS during probation An arrested record after 30 days of an arrest Charges were dismissed Not guilty 4. SIS after probation is completed
CJIS Compact Council NCIC Federal Authority Public Law (Pub. L.) 92-544 National Child Protection Act (NCPA), as amended by the Volunteers for Children Act (VCA) Adam Walsh Child Protection and Safety Act State Authority 610.120 RSMo. Access to closed records 4540 RSMo. and 4543 RSMo. - Employment and Licensing 4535 RSMo. - Municipal and county government (Name and fingerprint) 4546 RSMo. - Any state agency, board, or commission 4547 RSMo. - Gubernatorial appointees
FBI Records (National Database Information) Requires the submission of fingerprints The FBI does not differentiate between open and closed records FBI criminal history record information contains all arrest information submitted from states Fees: $19.25 or $15.25 (for volunteers) Policy Compliance Review Required triennially (every 3 years) Criteria is based on FBI CJIS standards Retention, Dissemination, and Security Missouri Automated Criminal History Site
Missouri State Highway Patrol www.mshp.dps.mo.gov Kerry Creach 573-526-6345 Sue Lauberth 573-526-6312