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State and FBI Fingerprint Checks for Members and Staff. Office on Volunteerism and Community Service. Which members gets a State and FBI fingerprint check?. All new members or returning members with break in service of more than 120 days
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State and FBI Fingerprint Checks for Members and Staff Office on Volunteerism and Community Service
Which members gets a State and FBI fingerprint check? • All new members or returning members with break in service of more than 120 days • Returning members with 120 days or less break in service do not have to have another State and FBI check
Which staff get a State and FBI fingerprint check? • All new staff that are in the budget, or have supervisory role of members • Any returning staff that have had a break in employment of more than 120 days • Less than 120 days break in employment, another State and FBI check is not required if complete 4-part already in place
Timeframe for completion • Must begin State and FBI check by enrollment date • Should begin even sooner, if possible • After fingerprints are taken and forms are submitted, an average turnaround time from Virginia State Police can be 4 to 6 weeks • Now you see why it’s important to start early!!
Step 1 for Non-Profits • Receiving an Application from Virginia State Police • Send a letter on agency/organization letterhead to the Virginia State Police (VSP) stating the following; • a. You are a Virginia AmeriCorps program. • b. New Federal regulations require that you conduct national FBI Fingerprint Checks on all of your AmeriCorps program participants. • c. Request a tracking number for processing fingerprint cards. • See Page 4 of OVCS 4-Part Background Check Process document for addressee, etc.
Step 2 • Application • VSP will send back an application that must be completed and returned to complete registration • After registration is completed, fingerprint cards are sent to the program
Step 3 • Fingerprinting • Contact local law enforcement to set up a time to have the members/staff fingerprints taken • Some localities charge a fee to take the fingerprints, approx. $10
Step 4 Complete and submit Form SP-24, found here Programs should make members aware that incorrect information (i.e. not reporting crimes that will be on criminal history record) submitted on Form SP-24 is a misdemeanor Programs should use employment designation, and the cost is $37
Step 4 continued- Submit the completed Form SP-24 and the fingerprint card to VSP with tracking # • Results will be mailed back with a Pass or Fail designation from both VSP and FBI check • No Criminal History will be returned, only a Pass/Fail • If you receive back a Pass for both, the member/staff State and FBI check is complete • Make sure member file is complete for State/FBI • If you receive a fail, you will have to move to Step 5
Step 5- What if Form SP-24 comes back with a Fail? • A Fail designation does not automatically mean that the member/staff is ineligible. Form SP-24 reviews against “barrier crimes”, which include offenses that do not automatically rule out service. • If Form SP-24 comes back with a Fail, you will then need to request the actual Criminal History from State Police, and FBI. • Submit Form SP-167 to State Police for State Criminal History • Follow FBI Instructions here for criminal history, and refer to Page 5 of the OVCS 4-part background check for additional information on a fail notice
Step 6- Review Criminal History Record • You then review the Criminal History record against your organizational policy. • Murder or Sex Offense automatically exclude a member/staff. • Other crimes at discretion of your organization • Make sure that your file clearly shows why you refused or accepted the member/staff!
What to do if fingerprints are rejected as illegible/unreadable • If deemed unreadable by VSP, the fingerprint card will be returned with a red stamp on it, denoting that a Virginia Name Search was conducted. • However, an FBI check is still required. • FBI must reject fingerprints twice before a National Name Search can be run • After 2 rejections, submit to Elvira Johnson at VSP: • Rejection notices and original fingerprint cards • A short letter on Program letterhead stating the need for a National Name Search
Organizational Design or Processes that do not allow for the approved process to be followed • Contact your Program Officer immediately • May need to request an Alternate Search Process/Protocol from CNCS • Common items that may need an ASP • programs that have HR departments handling background checks and can’t meet reviewability requirements • programs that employ/enroll individuals with criminal records as part of the program design • See ASP PowerPoint in the background checks training folder
Important Keys • Review fully the OVCS 4-part Background Check Guidance Document • Start as early as possible • Encourage applicant to accurately complete forms • Document fully all elements • Contact Program Officer for any possible deviations from OVCS guidance documents