Did you know that if you submit an applicant for an FBI check with Live Scan that you must provide that applicant with notice?

Agencies authorized to submit fingerprints and receive FBI identification records must provide written notification to the individuals fingerprinted that the fingerprints will be used to check the criminal history records of the FBI. The officials making the determination of suitability for licensing or employment shall provide the applicants the opportunity to complete, or challenge the accuracy of, the information contained in the FBI identification record. These officials must also advise the applicants that procedures for obtaining a change, correction, or updating of an FBI identification record are set forth in Title 28, C.F.R., § 16.34. Officials making such determinations should not deny the license or employment based on information in the record until the applicant has been afforded a reasonable time to correct or complete the record, or has declined to do so.

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.

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. (local or state law enforcement agency)Alternatively, you may send your challenge directly to the FBI. 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 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.)

Contractor Fingerprinting is one of many methods to safeguarding our children at school. Most school contractors must submit their employees' fingerprints to the DOJ as set forth in the Education Code. Sections 33192 and 33193 of the Education Code establish the fingerprinting and criminal background clearance guidelines for private schools while sections 45125.1 and 45125.2 govern those for public schools. Schools and Contractors cannot permit any employee to come into contact with pupils until the DOJ has cleared them. There are some exceptions to this rule, but parents should always confirm with schools if the after-school program or other contractors have submitted to the fingerprinting process.

Regardless of any exemptions, in today’s environment, school districts and contractors would be wise to require mandatory fingerprinting for any contractor (supervised or unsupervised) and provide an identification badge that is visible once that clearance is obtained.

We have helped hundreds of contractors apply for authorization with the DOJ for background checks. If your business is quoting a contract or RFP, you should start the process immediately to avoid any delays in beginning the contract.