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States' and Federal Criminal Background and Fingerprint Checks Procedures

This report is based solely on information obtained from WV State Police and its Employee's. This information is true and accurate per examination by State Police Sergeant Tom Barrick. 05 February 2001.

Criminal Background and Fingerprint Checks
State Police Requirements and Policies
FBI Requirements and Policies

Our thanks to our sources of Information for this report which was prepared by our information contractor Dawn Mullins:

Rodney Lambert-WV State Police Background & Fingerprint Department Clerk
Sharyn Tasso-WV State Police Fingerprint Technician
Sandy Tapley-Retired from WV State Police (36 years of service)
Sergeant Tom Barrick-WV State Police Background & Fingerprint Supervisor

Criminal Record Background Checks

Two basic forms of checks.
 1) State-Wide Checks 
 2) Nation-Wide Checks (FBI)

Two basic categories

 1) Fingerprint Background
     a. Ten Print (Full Set of Prints)-National Checks and Statewide
     b. Left and Right Index Finger-State-Wide Checks
 2) Name, social security, and date of birth. 

State Laws & Procedures

Currently, there is no national law or standard on procedures for each State to follow in performing background checks. Each State determines how to handle and process background investigations. They vary from no background checks except for law enforcement to verification by Fingerprint Technician, with everything in-between.

Example: 
Florida will give you a background on the phone with only name and date of birth needed. North Carolina is a "Closed State", which means only available to Law Enforcement WV does fingerprint background checks for employment purposes with correctly filled out material, which is authorized by individual in question.

Most, if not all, 50 States have some kind of Automated Fingerprint Identification System (AFIS) WV was working on a manual system until Nov. 2000.

WV State Laws & Procedures and FBI Procedures

How To Obtain A Criminal Record Check (CRC)

 WV Code allows the Criminal Identification Bureau to furnish fingerprints, photographs, records or other information to any private or public agency, person, firm, association, corporation or other organization, other than a law enforcement or governmental agency, with the approval of the Superintendent and individuals authorization. Acceptable reasons for CRC are the following:

 Pre-Employment
 Housing
 Licensing/Certification
 Immigration
 Personal Information
 WV-Ten print and Left and Right Index Fingerprints are accepted.

 1) Ten print checks requested are sent to WV State Police, and then submitted to FBI to preform a Nation-Wide Check. 

Ten Prints are first checked by State Police, if no disqualifying record was found locally, then the "Application Card " :is submitted to FBI for a search. 

Required information:
Signature of person fingerprinted, residence, full name, date, signature of person taking prints, employer and address, reason for print, aliases, citizenship, sex, race, height,, weight, eyes, hair, place of birth, and date of birth. 

Important #'s: Social Security #, OCA (Official Contributing Agent) #, FBI # (if known), Armed Forces# ect.

Privacy act of 1974 requires disclosure to individual, whether mandatory or voluntary of uses when social security number is requested. Identity of private contractors should be shown on form, employer and address "The Contributor" is the name of the Agency submitting fingerprint card to FBI.

Fingerprints are taken by employer. The price for a ten print check by FBI is $24.00 per record check.  Methods of payment: -check enclosed with print.

 a) Ten Print-Background Checks are restricted. The FBI will accepted an "Applicant Card" submitted by State Police for the following:

Banking Commission, Education (Principal & Pre-School), Security, Sales, Private Investigations, Law Enforcement and Youth Services, (Teachers in the future), there may be others accepted that were not mentioned

b) Ten print checks are mailed or electronically transferred by the State Police.
c) Mailing prints to FBI is expected to be eliminated some time this year.

2) Left and Right Index Finger Checks are preformed for State-Wide Checks. WV may decide to accept only full Ten Prints in the near future. 

Fingerprint Record Request Card must be submitted to receive a State-Wide Check

Required Information:
The fingerprinted individual's name, full mailing address, social security #, date of birth, sex, race, and signature. Plus, agency requesting information and address.

For more than one background check an alphabetized list of applicants must be submitted with Request Card. List must have date of birth and social security #. Include a certified check, personal check or money order in the amount $20.00 for each check. With a self-addressed stamped enveloped. Make payable to The Superintendent WV State Police

a) Left and Right Index Finger Prints are placed in spaces on back of card. No other marks are to be placed on the backside.
b) Information may be mailed or dropped off at WV State Police, Criminal Identification Bureau, Record Section, 725 Jefferson Road, South Charleston, WV 25309-1698. You may call 304-746-2179 or 304-746-2180 for more information.
c) Completion to be expected in 7 to 10 working days. 

How to Prepare Fingerprints

There are no restrictions on who takes the prints but there are guidelines on the quality of the prints and the kind of ink used to perform checks Bad prints result in errors, which means no information will be obtained.

Guidelines For Obtaining Classifiable Fingerprints

Special Ink Required. Use black printer's ink. You can obtain from your State Police Department or they will advice as to where to purchase. Distribute ink evenly on inking slab. Wash and dry fingers thoroughly. Roll fingers from nail to nail, and avoid allowing fingers to slip. Be sure impressions are recorded in correct order.

If an amputation or deformity makes it impossible to print a finger, make a notation to that effect in the individual finger block. If some physical condition makes it impossible to obtain perfect impressions, submit the best that can be obtained with a memo stapled to the card explaining the circumstances.

Examine the completed prints to see if they can be classified, bearing in mind most fingerprints fall into 3 patterns-Loop, Whorl and Arch. Other patterns are less frequent.

How Fingerprint Checks Are Processed

Left and Right Index Fingers (Thumb Prints no longer accepted by WV State Police) 

Note: Prints are not kept on file or in the computer after completion of search.

Left and Right Index Prints are harder to determine than Ten Prints because two fingers are not as good as ten in determining identity. 

State Police have the ability to do a Nation-Wide search by logging into the FBI Data Base. Currently, they do not acquire searches this way. 

1) "Fingerprint Request Cards" are examined by the Department Manager or Assistant to determine proper completion of information.
2) Cards are then logged for tracking by Dept. Manager or Assistant.
3) Labeling of card.
4) Card is scanned in computer
5) Search Print
6) Compare Print
     a) If a record is found there will be a State Identification # (SID) found for the candidate.
     b) Sometimes the computer will find more than one possible candidate. The results are then manually determined by the Fingerprint Technician.
7) It is then logged as complete with results noted and ready to be picked up or returned by mail.
8) If there is an open warrant on the individual the State Police will notify the Law Enforcement Agency that placed the warrant.

Ten Print by WV State Police is preformed in the same manner as above with the addition of one extra step. After #3 Name, social security # and date of birth are typed in the computer. Card is then scanned. 

Ten Print by The FBI The FBI Data Base contains information received from all 50 States. It is limited to crimes that are considered Severe Misdemeanors and Above, which is determined by each State. 

Example: Texas considers three DUI's in one County a Severe Misdemeanor. The catch is they can have as many two in each County across the great state of Texas, and it would not be a Severe Misdemeanor.

How Prints Are Obtained, Entered Into Data Base And Maintained 

Ten Prints are sent to the WV State Police by Law Enforcement from all locations across the State. They are usually received by mail or dropped off at Headquarters. 

Note: Some States electronically receive this information from Law Enforcement Agencies. And some Law Enforcement across the Country send to their State Police Headquarters and send directly to FBI as well. Sometimes they retain a copy of print for their files. They are logged for tracking.

1) Given NCIC (National Crime Index Code-characteristic 's of the print itself)
2) Labeling of print
3) Given to typist to enter data profile in computer.
4) Then scanned in by Fingerprint Technician
5) Computer-Search of fingerprint 
6) Computer-Compare fingerprint 
7) Give it a SID# (State ID if one has not been given)
8) Apply that arrest with Sid#
9) Add new record
10) Recheck information two times to verify correct placing
11) WV sends all severe misdemeanors to the FBI usually electronically
12) Hard copies of prints are kept in a file cabinet, no special or unusual care is needed to preserve the print. 
13) The Data Base is located at the State Police Headquarters. Backup files are kept off-site at an undisclosed location.

Training of Fingerprint Technicians'

WV State Police Training

Fingerprint Technicians' Training is offered by State Police but often State Police Agencies prefer trained individuals. Many are former employees' of the FBI. Training takes about three months. Duties are limited with close supervision the first year of employment.


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steve@factsfinder.com

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