Applicants of mortgage companies applying for registration or licensure from the Department of Banking and Consumer Finance Banking are required to undergo criminal history record checks. The fingerprint cards are provided to the applicant by the Department of Banking and Consumer Finance. Banking submits a set of fingerprints obtained by a local law enforcement entity to CIC. The fingerprints are checked against the Mississippi criminal history database system and forwarded to the FBI for a national criminal history record check.
Non-Government Entity or Employer i. State conviction information shall be made available for the following non-criminal justice purpose: To any non-governmental entity or employer authorized either in writing by the person who is subject to the requested record or if authorized by state or federal law to receive such information. Information disseminated for non-criminal justice purposes shall be used only for the purpose for which it was made available and may not be re-disseminated.
The existence or non-existence of criminal history record information shall not be confirmed to any person or organization that is not eligible by law to receive the information. Non-conviction information shall be available for non-criminal conviction purposes.
Criminal Records - Background Check - PreciseHire
Non-governmental entity or employer requests must proper identification and authorization information from the person who is subject of a requested record and any request must further adhere to the CIC policies established for obtaining record checks. The statutory right to view a person's own criminal history record information, shall not be used by a prospective employer or others as a means to circumvent procedures or fees for accessing records for non-criminal justice purposes. The CIC may impose procedures, including the submission of fingerprints, fees or restrictions, as are reasonable and necessary for security, to verify identities, and for orderly and efficient information access.
Release of State conviction information for non-criminal justice purposes shall be made only by CIC pursuant to certain statutory limitations. Such records will not be released or disclosed for non-criminal justice purposes by other agencies in the state. Private or Nonpublic Schools. Any nonpublic school which is accredited or approved by the State Board of Education may avail itself of the criminal record information and registry check procedure that is provided for public schools and shall be responsible for the same fee charged as for local public schools.
Each school district submits the applicant's fingerprint card to the CIC for check against the Mississippi criminal history database system and forward to the FBI for a national criminal history record check. The determination whether the applicant has a disqualifying crime shall be made by the appropriate governmental authority, who shall notify the private firm whether a disqualifying crime exists.
Public Schools. Each superintendent of a school district is required to obtain criminal record background checks and child abuse registry checks for all new hires applying for employment as a licensed or non-licensed employee at a school not previously employed in that district prior to July 1, To determine suitability, the applicant must be fingerprinted. Each school district has its own fingerprint cards which are submitted to CIC, checked against the Mississippi Criminal History System database, and are forwarded to the Federal Bureau of Investigation for a national criminal history record check.
Short title; purpose. Article 1 provides the procedure for conducting criminal history background information checks on all applicants for certification, public and nonpublic applicants for employment, nonpublic current employees, and current employees under review. Article 2 provides the procedure for conducting criminal history background information checks on current public certified and noncertified employees.
Request from schools for criminal background information check. An applicant for employment shall not be required to pay the fee until the authorized employer is prepared to employ the applicant and request the criminal history background information check. An applicant for certification shall be required to submit two complete acceptable sets of fingerprints and the fee for the criminal history background information check at the time his or her application for certification is submitted to the State Department of Education.
If two sets of acceptable fingerprints and the appropriate fee are submitted to the State Department of Education and a criminal history background information check is not performed, the fee shall be refunded to the applicant or educational entity that paid the fee for the criminal history background information check.
Responsibilities of individuals to provide information.
Any fee required in conjunction with a criminal history background information check of a public current employee under review shall be paid by the requesting employing entity. Any fee required in conjunction with a criminal history background information check of a nonpublic current employee under review shall be paid by the requesting employing entity.
Any fee required in conjunction with a criminal history background information check of a nonpublic current employee shall be paid by the State Department of Education, unless a court of competent jurisdiction determines that public funds may not be used for this purpose, then the fee shall be paid by the employer or the employee.
Confidentiality of information. Neither the State Superintendent of Education, the State Department of Education, nor any agent thereof shall be liable in civil court in an action for damages arising out of any suitability determination. Nothing herein shall be construed as a waiver of any sovereign or qualified immunity.
Any person convicted of any of the following actions under this chapter shall be guilty of a Class A misdemeanor: 1 Violating the confidentiality of records provisions. Any person who knowingly submits false information concerning past convictions on an application for employment may be subject to loss of employment under provisions for termination according to applicable existing statutes and to the loss of any certificate issued by the State Superintendent of Education under this chapter.
Requirements for issuance of certificate; fingerprints. However, this subsection is not applicable to 1 persons employed in the state public school system on September 1,; 2 persons issued an emergency certificate during a situation that, in the judgment of the commissioner, requires the temporary issuance of a certificate to a person not otherwise qualified. The board shall require teachers to submit fingerprints and the fees required by the Department of Public Safety under AS The board shall submit the fingerprints and fees to the Department of Public Safety for a report of criminal justice information under AS The department shall establish by regulation the fees to be charged for each certificate and for other charges assessed against teachers as part of certification.
In establishing the fees to be charged, the department shall establish the fee levels so that the total amount of the fees collected relating to the certification of teachers approximately equals, when added to the other fees collected from teachers, the actual regulatory costs for certifying and disciplining teachers in the state. The department shall annually review each fee level to determine whether the regulatory costs are approximately equal to fee collections.
If the review indicates that fee collections and regulatory costs are not approximately equal, the department shall calculate fee adjustments to the fees for certification of teachers and adopt regulations under this subsection to implement the adjustments. In January of each year, the department shall report on all fee levels and revisions for the previous year under this subsection to the office of management and budget. The department shall consider the board's recommendations concerning the fee levels and regulatory costs before revising fee schedules to comply with this subsection.
In this subsection, "regulatory costs" means costs of the department that are attributable to regulation of the teaching profession, including the portion of the expenses of the board that are attributable to the regulation of the teaching profession and the expenses of the Professional Teaching Practices Commission.
A teacher certificate issued under this subsection is valid for the life of the retired teacher and qualifies the holder as a substitute teacher in the state. However, the commissioner may issue a provisional certificate, valid for no longer than two years, to an applicant who has not completed the semester hours required under this subsection at the time of application.
The board shall review nationally recognized examinations that are designed to test the competency of new teachers and shall designate those examinations that it finds adequately test the skills and abilities of new teachers.
For each examination designated under this subsection, the board shall establish the minimum acceptable level of performance. Licensing of school bus drivers. This subsection does not apply to a person or motor vehicle exempted under regulations adopted by the commissioner.
In this subsection "classroom studies" means curriculum studies that take place in a public school building. Application for renewal may be made by submitting to the department the results of a current physical examination and paying the required fee. Certification of teachers. A certificate remains effective until the expiration date indicated on the certificate.
A teacher who has been issued a certificate by this state shall immediately notify the department of suspension or revocation of a certificate issued by another state. Failure to inform the department of a suspension or revocation as required by this subsection may result in denial or revocation of a certificate.
Powers and duties of board -- A. The board may: 1. Adopt and revise rules necessary to carry into effect the provisions of this chapter. Publish advisory opinions regarding registered and practical nursing practice and nursing education. Issue limited licenses or certificates if it determines that an applicant or licensee cannot function safely in a specific setting or within the full scope of practice. Refer criminal violations of this chapter to the appropriate law enforcement agency.
Establish a confidential program for the monitoring of licensees who are chemically dependent and who enroll in rehabilitation programs that meet the criteria established by the board. The board may take further action if the licensee refuses to enter into a stipulated agreement or fails to comply with its terms. In order to protect the public health and safety, the confidentiality requirements of this paragraph do not apply if the licensee does not comply with the stipulated agreement. On the applicant's or regulated party's request, establish a payment schedule with the applicant or regulated party.
Provide education regarding board functions. Collect or assist in the collection of workforce data. Adopt rules for conducting pilot programs consistent with public safety for innovative applications in nursing practice, education and regulation. Grant retirement status on request to retired nurses who are or were licensed under this chapter, who have no open complaint or investigation pending against them and who are not subject to discipline.
Accept and spend federal monies and private grants, gifts, contributions and devises to assist in carrying out the purposes of this title.
ICPC State Pages
The board shall: 1. Adopt rules and establish standards for nursing programs preparing persons for licensing or certification under this chapter, recognize national nursing accrediting agencies and provide for surveys of programs it deems necessary. By rule, establish approval and reapproval processes for nursing and nursing assistant training programs that meet the requirements of this chapter and board rules. Prepare and maintain a list of approved nursing programs for the preparation of registered and practical nurses whose graduates are eligible for licensing under this chapter as registered nurses or as practical nurses if they satisfy the other requirements of this chapter and board rules.
Examine qualified registered and practical nurse applicants. License and renew the licenses of qualified registered and practical nurse applicants who are not qualified to be licensed by the executive director.
Fair Credit Reporting Act (FCRA):
Adopt a seal, which the executive director shall keep. Keep a record of all proceedings. For proper cause, deny or rescind approval of a nursing or nursing assistant training program for failure to comply with this chapter or the rules of the board. Adopt rules for the approval of credential evaluation services that evaluate the qualifications of applicants who graduated from an international nursing program. Determine and administer appropriate disciplinary action against all regulated parties who are found guilty of violating this chapter or rules adopted by the board.
Perform functions necessary to carry out the requirements of the nursing assistant training and competency evaluation program as set forth in the omnibus budget reconciliation act of P. These functions shall include: a Testing and certification of nursing assistants. Adopt rules establishing those acts that may be performed by a registered nurse practitioner in collaboration with a licensed physician. Adopt rules establishing educational requirements for the certification of school nurses. Publish copies of board rules and distribute these copies on request.
Require each applicant for initial licensure to submit a full set of fingerprints to the board for the purpose of obtaining a state and federal criminal records check pursuant to section and Public Law The department of public safety may exchange this fingerprint data with the federal bureau of investigation. Require each applicant for initial nursing assistant certification to submit a full set of fingerprints to the board for the purpose of obtaining a state and federal criminal records check pursuant to section and Public Law Revoke a license of a person, revoke the multistate licensure privilege of a person pursuant to section or not issue a license or renewal to an applicant who has one or more felony convictions and who has not received an absolute discharge from the sentences for all felony convictions five or more years before the date of filing an application pursuant to this chapter.
Establish standards for approving and reapproving nurse practitioner and clinical nurse specialist programs and provide for surveys of nurse practitioner and clinical nurse specialist programs as it deems necessary. Provide the licensing authorities of health care institutions, facilities and homes any information the board receives regarding practices that place a patient's health at risk. Limit the multistate licensure privilege of any person who holds or applies for a license in this state pursuant to section Adopt rules to establish competency standards for obtaining and maintaining a license.
Adopt rules for the qualification and certification of clinical nurse specialists. Adopt rules for approval and reapproval of refresher courses for nurses who are not currently practicing. The board may conduct an investigation on receipt of information that indicates that a person or regulated party may have violated this chapter or a rule adopted pursuant to this chapter. Following the investigation, the board may take disciplinary action pursuant to this chapter. The board may limit, revoke or suspend the privilege of a nurse to practice in this state granted pursuant to section Failure to comply with any final order of the board, including an order of censure or probation, is cause for suspension or revocation of a license or a certificate.
Mississippi Criminal Background Check
The president or a member of the board designated by the president may administer oaths in transacting the business of the board. Residential care institutions; home health agencies; fingerprinting; definitions -- A. Subject to legislative appropriations, as a condition of licensure or continued licensure of a residential care institution, a nursing care institution or a home health agency and as a condition of employment in a residential care institution, a nursing care institution or a home health agency, employees and owners of residential care institutions, nursing care institutions or home health agencies or contracted persons who provide direct care, home health services or supportive services and who have not been subject to the fingerprinting requirements of a health professional's regulatory board pursuant to title 32 shall have valid fingerprint clearance cards that are issued pursuant to title 41, chapter 12, article 3.
A health professional who has complied with the fingerprinting requirements of the health professional's regulatory board as a condition of licensure or certification pursuant to title 32 is not required to submit an additional set of fingerprints to the department of public safety pursuant to this section.
Owners shall make documented, good faith efforts to: 1. Contact previous employers to obtain information or recommendations that may be relevant to a person's fitness to work in a residential care institution, nursing care institution or home health agency. Verify the current status of a person's fingerprint clearance card. An employee, an owner or a contracted person or a facility on behalf of the employee, the owner or the contracted person shall submit a completed application that is provided by the department of public safety within twenty days after the date the person begins work.
A residential care institution, nursing care institution or home health agency shall not allow a person or contracted person to continue to provide direct care, home health services or supportive services if the person has been denied a fingerprint clearance card pursuant to title 41, chapter 12, article 3. Volunteers who provide services to residents under the direct visual supervision of a previously screened owner or employee are exempt from the fingerprint clearance card requirements of this section. Notwithstanding the requirements of section For the purposes of this subsection, If the employer changes through sale, lease or operation of law, a person is deemed to be employed by the same employer if that person remains employed by the new employer.
If a person's employment record contains a six-month or longer time frame where the person was not employed by any employer, a completed application with a new set of fingerprints shall be submitted to the department of public safety. For the purposes of this section: 1. Children's behavioral health programs; personnel; fingerprinting; definitions --A. Except as provided in subsections B and C of this section, children's behavioral health program personnel, including volunteers, shall submit the form prescribed in subsection D of this section to the employer and shall have a valid fingerprint clearance card issued pursuant to title 41, chapter 12, article 3.
Parents, foster parents and guardians who participate in activities with their children under the supervision of and in the presence of children's behavioral health program personnel are exempt from the fingerprinting requirements of subsection A of this section if the parents are not employees of the children's behavioral health program. Applicants and employees who are fingerprinted pursuant to section or are exempt from the fingerprinting requirements of subsection A of this section.
Children's behavioral health program personnel shall certify on forms that are provided by the department and notarized that they are not awaiting trial on or have never been convicted of or admitted in open court or pursuant to a plea agreement to committing any of the offenses listed in section Forms submitted pursuant to subsection D of this section are confidential. Employers of children's behavioral health program personnel shall make documented, good faith efforts to contact previous employers of children's behavioral health program personnel to obtain information or recommendations that may be relevant to an individual's fitness for employment in a children's behavioral health program.
A person who is awaiting trial on or who has been convicted of or who has admitted in open court or pursuant to a plea agreement to committing a criminal offense listed in section The department of health services shall accept a certification submitted by a United States military base or a federally recognized Indian tribe that either: 1. Personnel who are employed or who will be employed and who provide services directly to children have not been convicted of, have not admitted committing or are not awaiting trial on any offense prescribed in subsection G of this section.
Personnel who are employed or who will be employed to provide services directly to children have been convicted of, have admitted committing or are awaiting trial on any offense prescribed in subsection H of this section if the personnel provide these services while under direct visual supervision.
The employer shall notify the department of public safety if the employer receives credible evidence that a person who possesses a valid fingerprint clearance card either: 1. Is arrested for or charged with an offense listed in section Falsified information on the form required by subsection D of this section. Fingerprint clearance card; Use of expired card A. Notwithstanding any other law, an expired fingerprint clearance card may be used to satisfy the fingerprint requirements of section , , , , The person submitted a completed application to the division for a new fingerprint clearance card within ninety days before the expiration date on the person's current fingerprint clearance card.
The person is not awaiting trial on and has not been convicted of a criminal offense that would make the person ineligible for a fingerprint clearance card. This section does not apply to a fingerprint clearance card that has been denied, suspended or revoked or to a person who has requested a good cause exception hearing. Criminal record information checks; fingerprinting employees and applicants --A. Each license granted by the department of economic security and each contract entered into between the department of economic security and any contract provider for the provision of services to juveniles shall provide that, as a condition of employment, personnel who are employed by the licensee or contractor, whether paid or not, and who are required or allowed to provide services directly to juveniles shall have a valid fingerprint clearance card issued pursuant to section The licensee or contractor shall assume the costs of fingerprint checks and may charge these costs to its fingerprinted personnel.
The department may allow all or part of the costs of fingerprint checks to be included as an allowable cost in a contract. A service contract or license with any contract provider or licensee that involves the employment of persons who have contact with juveniles shall provide that the contract or license may be canceled or terminated immediately if a person certifies pursuant to subsections F and G of this section that the person is awaiting trial on or has been convicted of any of the offenses listed in subsections F and G of this section in this state or similar offenses in another state or jurisdiction or if the person does not possess or is denied issuance of a valid fingerprint clearance card.
A contract provider or licensee may avoid cancellation or termination of the contract or license under subsection C of this section if a person who does not possess or has been denied issuance of a valid fingerprint clearance card or who certifies pursuant to subsections F and G of this section that the person has been convicted of or is awaiting trial on any of the offenses listed in section Personnel who are employed by any contract provider or licensee, whether paid or not, and who are required or allowed to provide services directly to juveniles shall certify on forms provided by the department of economic security and notarized whether they are awaiting trial on or have ever been convicted of any of the criminal offenses listed in section Personnel who are employed by any contract provider or licensee, whether paid or not, and who are required or allowed to provide services directly to juveniles shall certify on forms provided by the department of economic security and notarized whether they have ever committed any act of sexual abuse of a child, including sexual exploitation and commercial sexual exploitation, or any act of child abuse.
Federally recognized Indian tribes or military bases may submit and the department of economic security shall accept certifications that state that personnel who are employed or who will be employed during the contract term have not been convicted of, have not admitted committing or are not awaiting trial on any offense under subsection F of this section. A person who applies to the department of economic security for a license or certificate or for paid or unpaid employment, including contract services, and who will provide direct services to juveniles or vulnerable adults shall submit a full set of fingerprints to the department for the purpose of obtaining a state and federal criminal records check pursuant to section and Public Law This subsection does not apply to those persons who are subject to section , , or The special services unit of the department of economic security may use the department of public safety automated system to update all criminal history record information in order to ensure, to the maximum extent reasonably possible, complete disposition information.
The department of economic security may deny employment or issuance or renewal of the contract or license applied for in these cases if it determines that the criminal history record information indicates that such employee, applicant or contractor is not qualified or suitable. Volunteers who provide services to juveniles under the direct visual supervision of the contractor's or licensee's employees are exempt from the fingerprinting requirements of this section.
The department of economic security shall notify the department of public safety if the department of economic security receives credible evidence that a person who possesses a valid fingerprint clearance card pursuant to subsection A of this section either: 1. Falsified information on the form required by subsection F of this section. This letter of provisional eligibility for licensure shall be issued only to those applicants who meet all other qualifications for licensure by the SBE, and who have submitted the Arkansas State Police background check showing no violations listed in either Ark.
Teacher licensure; Application, renewal application, revocation, suspension, and probation a 1 A i An applicant for a license issued by the State Board of Education and an applicant for license renewal shall be required to apply to the Identification Bureau of the Department of Arkansas State Police for a statewide and nationwide criminal records check, to be conducted by the Department of Arkansas State Police and the Federal Bureau of Investigation.
B The applicant shall sign a release of information to the Department of Education and shall be responsible for the payment of any fee associated with the criminal records check. B The applicant shall sign a release of information to the Department of Education and is responsible for the payment of any fee associated with the Child Maltreatment Central Registry check.
C The Department of Human Services shall forward all releasable information concerning the applicant to the Department of Education upon completion of the Child Maltreatment Central Registry check. However, the Commissioner of Education may extend the period of provisional eligibility to the end of that contract year if: A The applicant is employed by a school district or open-enrollment public charter school; and B The results of the criminal records check or the Child Maltreatment Central Registry check are delayed.
B If the state board approves a waiver after a hearing, the individual may obtain a license only upon: i Successful completion of the teacher preparation program; and ii Fulfillment of all other requirements for licensure. C A waiver granted under subdivision f 3 A of this section shall also operate as a waiver under Section for an unlicensed individual to work for a school district as a student teacher.
B i The board of directors of a local school district created by consolidation, annexation, or detachment may waive the requirements under subdivision a 1 A of this section for personnel who were employed by the affected district immediately prior to the annexation, consolidation, or detachment and who had a complete criminal background check conducted as a condition of the person's most recent employment with the affected district as required under this section.
B Any information made available to the affected applicant for employment shall be information pertaining to that applicant only. C Rights of privilege and confidentiality established under this section shall not extend to any document created for purposes other than this background check.
B No person holding a license issued by the state board shall be eligible for employment by a local school district if the results of the Child Maltreatment Central Registry check released to the Department of Education reveal that the applicant has a true report in the Child Maltreatment Central Registry. B Unless the employing educational entity's board of directors has taken action to pay for the cost of criminal background checks required by this section, the employment applicant shall be responsible for the payment of any fee associated with the criminal records check.
B At the conclusion of the criminal records check required by this section, the Identification Bureau of the Department of Arkansas State Police may maintain the fingerprints in the automated fingerprint identification system. B Any information made available to the affected employment applicant or fiscal officer shall be information pertaining to that applicant only. C Rights of privilege and confidentiality established under this section shall not extend to any document created for purposes other than the background check.
Employees, whether new or existing, who have a contract with or work for more than one 1 school district in one 1 year shall be required to have only one 1 criminal background check and one 1 Child Maltreatment Central Registry check to satisfy the requirements of all employing school districts for that year. B The person shall sign a release of information to the Department of Education. Unless the employing school district board of directors has taken action to pay for the cost of criminal background checks required by this section, the employment applicant shall be responsible for the payment of any fee associated with the criminal records checks.
C i The board of directors of a local school district created by consolidation, annexation, or detachment may waive the requirements under subdivisions a 1 A and B of this section for personnel who were employed by the affected district immediately prior to the annexation, consolidation, or detachment and who had complete criminal background checks conducted as a condition of the person's most recent employment with the affected district as required under this section. B The applicant shall sign a release of information to the Department of Education and shall be responsible for the payment of any fee associated with the Child Maltreatment Central Registry check.
A state or local agency may inquire into or consider an applicant's criminal history after the applicant's qualifications have been screened and the agency has determined the applicant meets the minimum employment requirements, as stated in any notice issued for the position. If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 commencing with Section of Division 4 of Title 2 of the Government Code.
Whenever two or more private schools are under the effective control or supervision of a single administrative unit, such administrative unit may comply with the provisions of this section on behalf of each of the schools under its control or supervision by submitting one report. Filing pursuant to this section shall not be interpreted to mean, and it shall be unlawful for any school to expressly or impliedly represent by any means whatsoever, that the State of California, the Superintendent of Public Instruction, the State Board of Education, the State Department of Education, or any division or bureau of the department, or any accrediting agency has made any evaluation, recognition, approval, or endorsement of the school or course unless this is an actual fact.
The Superintendent of Public Instruction shall prepare and publish a list of private elementary and high schools to include the name and address of the school and the name of the school owner or administrator. A school district shall not retain in employment a current certificated employee who has been convicted of a violent or serious felony, and who is a temporary employee, a substitute employee, or a probationary employee serving before March 15 of the employee's second probationary year.
If any conviction is reversed and the formerly convicted person is acquitted of the offense in a new trial, or the charges are dismissed, this section does not prohibit his or her employment thereafter. The notification shall be delivered by telephone or electronic mail to the school district. The notification to the school district shall cease to be made once the statewide electronic fingerprinting network is returning responses within three working days.
The Department of Justice shall send by first-class mail or electronic mail a copy of the criminal information to the Commission on Teacher Credentialing. The Department of Justice may charge a reasonable fee to cover the costs associated with processing, reviewing, and supplying the criminal record summary required by this section. In no event shall the fee exceed the actual costs incurred by the department. If the offense in question occurred outside this state, then the person may seek a finding of rehabilitation from the court in the school district in which he or she is a resident.
When the school district receives written electronic notification of the fact of conviction from the Department of Justice, the employee shall be terminated automatically and without regard to any other procedure for termination specified in this code or school district procedures unless the employee challenges the record of the Department of Justice and the Department of Justice withdraws in writing its notification to the school district.
Upon receipt of written withdrawal of notification from the Department of Justice, the employee shall immediately be reinstated with full restoration of salary and benefits for the period of time from the suspension without pay to the reinstatement. Every agency handling Department of Justice information shall ensure the following: 1 No recipient may disclose its contents or provide copies of information.
If the local law enforcement agency agrees to provide that automated records check, the results therefrom shall be returned to the requesting district or county office of education within 72 hours of the written request. A local law enforcement agency may charge a fee to the requesting agency not to exceed the actual expense to the law enforcement agency. For purposes of this section, "prospective noncertificated employee" includes only those applicants whom the requesting school district intends to hire, at the time the automated records check is requested.
In determining whether a contract employee has limited contact with pupils, the private school shall consider the totality of the circumstances, including factors such as the length of time the contractors will be on school grounds, whether pupils will be in proximity with the site where the contractors will be working, and whether the contractors will be working by themselves or with others.
If a private school has made this determination, the private school shall take appropriate steps to protect the safety of any pupils that may come in contact with these employees. In determining whether a contract employee will have limited contact with pupils, the private school shall consider the totality of the circumstances, including factors such as the length of time the contractors will be on school grounds, whether pupils will be in proximity with the site where the contractors will be working, and whether the contractors will be working by themselves or with others.
If a private school makes this determination, the private school shall take appropriate steps to protect the safety of any pupils that may come in contact with these employees. If a private school requires an entity providing services other than those listed in subdivision a and its employees to comply with the requirements of this section, the Department of Justice shall comply with subdivision e. Upon implementation of an electronic fingerprinting system with terminals located statewide and managed by the Department of Justice, the department shall ascertain the information required pursuant to this section within three working days.
When the Department of Justice ascertains that an individual whose fingerprints were submitted to it pursuant to subdivision a has a pending criminal proceeding for a felony as defined in Section The notification shall be delivered by telephone or electronic mail to the employer. The Department of Justice shall review the criminal record summary it obtains from the Federal Bureau of Investigation and shall notify the employer only as to whether or not an applicant has any convictions or arrests pending adjudication for offenses which, if committed in California, would have been punishable as a violent or serious felony.
The Department of Justice shall not provide any specific offense information received from the Federal Bureau of Investigation. The Department of Justice shall provide written notification to the contract employer only concerning whether an applicant for employment has any conviction or arrest pending final adjudication for any of those crimes, as specified in Section If the offense in question occurred outside this state, then the person may seek a finding of rehabilitation from the court having jurisdiction where he or she is resident.
A temporary certificate of clearance or a credential, certificate, or permit authorizing service in the public schools shall be issued when the applicant has: 1 Made full disclosure of all facts necessary to establish his or her true identity. An applicant shall not be required to disclose, and the Committee of Credentials shall not inquire into or consider, any acts or omissions not related to the applicant's fitness to teach or to perform other duties for which he or she is certificated, or that is related to his or her competence to perform the duties authorized by his or her credential.
The fees authorized by this paragraph shall be applicable to all credentials, permits, and certificates which were applied for or issued after October 1, The law enforcement agency shall transmit the cards, together with the fee hereinafter specified, to the Department of Justice.
At the earliest opportunity following its receipt of the identification cards, the Department of Justice shall furnish the law enforcement agency submitting the employee's fingerprints a complete criminal history of the individual if one appears in the department's files. The local law enforcement agency shall, in turn, excerpt from the history all information regarding any convictions of the employee and shall forward that information to the governing board of the district.
A plea or verdict of guilty or a finding of guilt by a court in a trial without a jury or forfeiture of bail is deemed to be a conviction within the meaning of this section, irrespective of a subsequent order under the provisions of Section The governing board may provide the means whereby the identification cards may be completed and may charge a fee determined by the Department of Justice to be sufficient to reimburse the department for the costs incurred in processing the application.
The amount of the fee shall be forwarded to the Department of Justice, with two copies of applicant's or employee's fingerprint cards. Any provision of law to the contrary notwithstanding, the Department of Justice, shall, as provided in this section, furnish, upon application of a local public law enforcement agency all information pertaining to any person required to submit personal identification cards pursuant to this section if there is a record of the person in its office.
The designated school district or county superintendent shall not release a copy of that information to any participating district or any other person, shall retain or dispose of the information in the manner required by law after all participating districts have had an opportunity to inspect it in accordance with this section, and shall maintain a record of all persons to whom the information has been shown that shall be available to the Department of Justice to monitor compliance with the requirements of confidentiality contained in this section.
If no signed application form, medical form, binder, or similar document is involved in the underwriting transaction, the disclosure shall be made to the consumer in writing and mailed or otherwise delivered to the consumer not later than three days after the report was first requested. The disclosure shall include the name and address of any investigative consumer reporting agency conducting an investigation, plus the nature and scope of the investigation requested, and a summary of the provisions of Section B The person procuring or causing the report to be made provides a clear and conspicuous disclosure in writing to the consumer at any time before the report is procured or caused to be made in a document that consists solely of the disclosure, that: i An investigative consumer report may be obtained.
This clause shall become operative on January 1, C The consumer has authorized in writing the procurement of the report. The notification shall also include the name and address of the investigative consumer reporting agency that will prepare the report and a summary of the provisions of Section If the consumer wishes to receive a copy of the report, the recipient of the report shall send a copy of the report to the consumer within three business days of the date that the report is provided to the recipient, who may contract with any other entity to send a copy to the consumer.
The notice to request the report may be contained on either the disclosure form, as required by subdivision a , or a separate consent form. The copy of the report shall contain the name, address, and telephone number of the person who issued the report and how to contact them. These procedures shall require that prospective users of the information identify themselves, certify the purposes for which the information is sought and that the information will be used for no other purposes, and make the certifications described in paragraph 4 of subdivision a of Section From the effective date of this title, the investigative consumer reporting agency shall keep a record of the purposes for which information is sought, as stated by the user.
The investigative consumer reporting agency may assume that the purpose for which a user seeks information remains the same as that which a user has previously stated. The investigative consumer reporting agency shall inform the user that the user is obligated to notify the agency of any change in the purpose for which information will be used. An investigative consumer reporting agency shall make a reasonable effort to verify the identity of a new prospective user and the uses certified by the prospective user prior to furnishing the user any investigative consumer reports.
An investigative consumer reporting agency may not furnish an investigative consumer report to a person unless it has a written agreement that the investigative consumer reports will be used by that person only for purposes listed in Section An investigative consumer reporting agency shall retain the investigative consumer report for two years after the report is provided. If the investigative consumer reporting agency does not have an Internet Web site, it shall, upon request, mail a written copy of the privacy statement to consumers.
Mississippi Public Records
The privacy statement shall conspicuously include, but not be limited to, both of the following: A A statement entitled "Personal Information Disclosure: United States or Overseas," that indicates whether the personal information will be transferred to third parties outside the United States or its territories. B A separate section that includes the name, mailing address, e-mail address, and telephone number of the investigative consumer reporting agency representatives who can assist a consumer with additional information regarding the investigative consumer reporting agency's privacy practices or policies in the event of a compromise of his or her information.
Liability shall be in an amount equal to the sum of 1 any actual damages sustained by the consumer as a result of the unauthorized access, and 2 in the case of any successful action to enforce any liability under this section, the costs of the action together with reasonable attorney's fees, as determined by the court. B A position in the state Department of Justice. C That of a sworn peace officer or other law enforcement position.
D A position for which the information contained in the report is required to be disclosed by law or to be obtained by the employer. B "State summary criminal history information" does not refer to records and data compiled by criminal justice agencies other than the Attorney General, nor does it refer to records of complaints to or investigations conducted by, or records of intelligence information or security procedures of, the office of the Attorney General and the Department of Justice.
The agency, officer, or official of the state authorized by this paragraph to receive state summary criminal history information may also transmit fingerprint images and related information to the Department of Justice to be transmitted to the Federal Bureau of Investigation. These are conducted for the purposes of pre-employment checks, licensing, and criminal justice investigations. A signed consent or court order is required to request one of these reports.
These are also fingerprint-based reports, so a fingerprint scan needs to be completed for all applicants before requesting a report. To obtain information about the corrections facilities in Mississippi, inmates in the system, and services for victims, visit the state Department of Corrections website. If you wish to locate an offender in the prison system, you can do a search on their offender locator page either by Name or ID Number. You will be provided with an Inmate Detail page, given an image if available, a list of offenses, current location, and tentative release date.
Copies of actual court records and case files may still need to be requested from the clerk of the court where the case was heard. Vital records in Mississippi for birth, death, and marriage certificates are maintained by the Office of Vital Records. Birth records and death records are available from to present.
Marriage records are available from January 1, to June 1, and from January 1, to present. For all requests, you will need to prove that you are either listed on the record or are an immediate family member, legal guardian, or legal representative to make an application. The Office of Vital Records does not maintain divorce records. A divorce certificate needs to be requested from the Chancery Clerk in the county where the divorce took place.
If you are not sure which county the divorce took place in, the Office of Vital Records may be able to search in the index from to present to locate this for you. Start Your Records Search:.