WSC Project Guide To National Service Criminal History Checks (NSCHC)

Transcription

1 WSC Project Guide To National Service Criminal History Checks (NSCHC) 1 Rev. 06/15/2018

2 Contents Section Page Introduction 3 What is Required to Complete the NSCHC? 4 What to Do With NSCHC Documents 5 What to Do Before Excluding an Applicant Based On NSCHC Results 6 NSOPR (Sex Offender) Check Instructions 7 WATCH Check Instructions 9 FBI Check Instructions 12 State of Residence (Out-of-state) Check 14 California (Out-of-state) Check 15 Out-of-State Results Waiver Request Information 16 2

3 Introduction Washington Service Corps (WSC) works to help ensure the safety of participants and the communities served. To that end, WSC expects 100% compliance with federal regulations for National Service Criminal History Checks (NSCHC), as described in WSC Policies # POL-110 & POL-111. This guide includes: Explanation of who needs the NSCHC Checks required to complete the NSCHC Directions to complete each component of the NSCHC List of approved state criminal record repositories If you have any questions, please contact your WSC/WRC Program Coordinator right away. Ask questions early to help ensure challenges are resolved in time for your applicant to begin service as expected. 3

4 What is Required? What is Required to Complete the National Service Criminal History Checks (NSCHC)? The following is required for every AmeriCorps Member prior to enrollment: 1. NSCHC Authorization form o Signed BEFORE the state and FBI checks are initiated. o WSC must receive original (signed in ink) with criminal history documents. 2. Copy of government-issued photo ID used to verify identity 3. Nationwide check of the National Sex Offender Public Registry (NSOPR), using 4. Washington Access to Criminal History (WATCH) name-based check through the Washington State Patrol. 5. Fingerprint-based FBI check through Fieldprint using the correct WSC/WRC Fieldprint Code. 6. State-of-residence check (out-of-state check) for anyone living outside of Washington State when they submitted their application for the position. o As indicated on the NSCHC Authorization form Criminal History Check Free Fee Paid by WSC Fee Paid by Sponsoring Org NSOPR WATCH FBI - Fieldprint *one time only per member State-of-Residence * WSC will pay for the initial FBI fingerprinting appointment for each member. Costs associated with rescheduling appointments due to failure of the member to show up at the scheduled appointment time, or to cancel/change at least 24 hours in advance, will be the responsibility of the Sponsoring Organization. For more information on responsibility for costs associated with NSCHC, please refer to POL #110. 4

5 What to Do With The Documents What to do with National Service Criminal History Check (NSCHC) Documents All original NSCHC documents must be submitted to WSC WSC does not require sponsoring organizations to maintain any of the NSCHC documents If the sponsoring organization chooses to retain copies NSCHC documents, they must maintain the records in a secure location separate from other member information NOTE: Once WSC receives NSCHC documents, we cannot share them again with the sponsoring organization. If your policies require you to maintain these records, please retain your copy before submitting to WSC. 5

6 Before Excluding an Applicant What to do BEFORE Excluding an Applicant Based on the National Service Criminal History Checks (NSCHC) If you determine that a candidate cannot serve in your position due to something discovered in the NSCHC, then you must do the following before excluding the individual: Provide a copy of the criminal history records to the individual Provide a reasonable opportunity for the applicant to review and challenge the factual accuracy of the result of the check BEFORE excluding the individual If an applicant is rejected because internal policies of the sponsoring organization and/or service site do not allow that individual to serve or work in the position, then you must take the following additional steps prior to excluding the applicant: o Provide a copy of the policy and/or procedure outlining the disqualifying offenses o Provide WSC with documentation of all communication with the applicant around this action 6

7 National Sex Offender Registry (NSOPR) You must perform this check exactly as follows in order to be compliant with federal regulations and WSC requirements. Run the NSOPR: 1. Go to 2. Follow on-screen instructions to run a standard nationwide search (Do NOT do an advanced search) a. Enter first and last names exactly as they appear on the government-issued photo ID used to verify identity i. Do NOT add a middle name to the first or last-name field 3. Review results according to steps on following pages. a. Do not close out the results screen until all review steps are complete 4. Click Print View to get printable version of results a. Print the results Example of how to determine first and last name for the purpose of this check: ID says name is John David Steve Jones Use first name John Use last name Jones ID says surname Steve Jones, given name David Paul Use first name Steve Use last name David Paul. Review the NSOPR: 5. If a jurisdiction is listed as unavailable, then the check is NOT complete a. You must try again later to cover all jurisdictions in the nationwide search Example: 7

8 National Sex Offender Registry (NSOPR) Review the NSOPR (continued): 6. If results come back with one or more names listed, then use the following process to verify they are not your applicant and document the verification a. Review each individual listed to determine if that is your applicant i. Use photo, name, age, DOB, race, or gender ii. Do NOT use address or location unless it says they are currently incarcerated iii. If there isn t enough information to rule out your applicant, then click on the name to open the full registry page (do NOT need to print this additional page) b. Make a brief note next to each name showing how you ruled it out (e.g. different name, DOB, picture) i. Initial somewhere on each page that you have made notes 7. If you cannot rule out any name listed on the NSOPR results, then the applicant must provide evidence that this is not them in order to be eligible to serve a. An individual listed on the National Sex Offender Registry is not eligible to serve or work in any national service program, including WSC 8

9 WATCH Check Instructions NOTE: For Supervisors in K-12 schools who are certificated teachers, counselors, or administrators, you may submit a copy of their valid OSPI certificate in lieu of the WATCH check. Do NOT print this In Box Screen Click the underlined results next to the name to get the report. To run the check and obtain results: Go to o If you do not have a WATCH account, you can create a credit card account instantly. Complete all required fields exactly as they appear on the government issued photo ID. o To reduce the chance of typos, we recommend that you do NOT complete the optional fields. Results will come to your WATCH In Box. Click on the individual s result to display and print the full-page results report. The results report that needs to be printed will be one of the following: Web Search No Record Found Report Web Search Transcript that includes one of three options: o No Exact Match with a Candidate List at the bottom of the page o The individual s record of convictions in Washington State o Notice of a possible DUPLICATE RECORD in the WSP database Each of these different results reports must be handled differently in order to maintain compliance! The following pages include examples & instructions for each type of results. 9

10 WATCH Check Instructions No Record Found Report This result means there are no convictions in Washington State. What do you do with this result? 1. Verify name, birthdate, etc. are accurate (typos make this result invalid) 2. Print this record Web Search Transcript No Exact Match with candidate list This report shows that was not an exact match, but there was one or more records that were close to meeting the search criteria. Those similar records are listed at the bottom of the page. What do you do with this result? 1. Verify name, birthdate, etc. are accurate (typos make this result invalid) 2. Review each individual on the candidate list to see if they are your applicant a. If it is your applicant, open that record and print it, then follow the instructions for a transcript that includes a record b. If it is NOT your applicant, make a notation next to each name that shows how you ruled them out (e.g. DOB, first name, last name, gender) i. Then INITIAL this page NOTE: You must send the original print to WSC, with original initials in ink. 10

11 WATCH Check Instructions Web Search Transcript Duplicate Match / Duplicate Record This report shows that there are two or more individuals that could be your applicant. What do you do with this result? 1. Follow the instructions in the body of the record a. Send the requested information to WSP NOTE: WSP will request a thumbprint if they cannot make a determination with the information you provide. 2. Print the final results that come from WSP Web Search Transcript Match Found This report shows that there was a match to the criteria entered in the search. What do you do with this result? 1. Verify name, birthdate, etc. are accurate (typos make this result invalid) 2. Review the record to ensure there are no convictions for: a. Murder b. Crime that requires registration on a sex offender list 3. Review the record to ensure there are no convictions that prevent them from serving based on internal policies of the sponsoring organization or service site NOTE: Prior to excluding a candidate based on the results of this check, you must follow the instructions in this Guide titled: What to Do BEFORE Excluding an Applicant Based on the NSCHC 11

12 FBI Check Instructions NOTE: For Supervisors in K-12 schools who are certificated teachers, counselors, or administrators, you may submit a copy of their valid OSPI certificate in lieu of the FBI check. WSC now uses Fieldprint for the required FBI fingerprint check through an agreement with CNCS to provide adjudicated FBI checks for AmeriCorps programs. These results will come back either Cleared or Not Cleared. No criminal history information will be included in this report. Note: An applicant has 30 days to follow the directions given by Fieldprint to challenge a not cleared result. CNCS will err on the side of public safety and the applicant may need to obtain court or other records to prove eligibility. Obtain the correct Fieldprint Code from your WSC/WRC Program Coordinator and provide that to all new selected members when ready to begin the enrollment process. There should not be an out-of-pocket cost for FBI checks if they select one of Fieldprint s preferred livescan providers for the fingerprinting. Site Staff Instructions for FBI Checks on Members: Instructions for members are included in the Member Enrollment Instructions and on the WSC website. You will provide the member with the appropriate member Fieldprint code when you ask them to go get fingerprinted. Member must download their results (clearance letter) from Fieldprint and forward a copy to you. You will upload results into the DocuSign enrollment packet Contact Fieldprint customer service team with any issues or questions at: or CustomerService@fieldprint.com 12

13 State of Residence (Out-of-state) Check Required on any member who was living outside of Washington State at the time they applied for the position. WSC expects sponsoring organizations to initiate this check early enough to get results in time to submit with enrollment paperwork. If you have initiated this check and results will not arrive in time to submit with enrollment, please follow the instructions for requesting an NSCHC results waiver. As soon as you find out an applicant needs this check: NOTE: If you selected a California resident and you do not have an approved California Custodian of Record, please see the section of this Guide titled California State Repository Checks. Go to the CNCS State Check Guidance web page. Click on the appropriate state to pull up all information on completing an approved NSCHC for that state. Review the information for the state repository check to determine what will be involved and how long it will take. o Some state checks require fingerprinting (in addition to the FBI) o Some require your organization to create an account o Some require a signed & notarized form o Some are online and instant similar to WATCH Get started on the process right away! Some states are instant and some take up to 2 months to complete. NOTE: Prior to excluding a candidate based on the results of this check, you must follow the instructions in this Guide titled: What to Do BEFORE Excluding an Applicant Based on the NSCHC 13

14 California (Out-of-state) Check Required on any member who was living in the State of California at the time they applied for the position. If you do not have an approved California Custodian of Record (COR), WSC can run this check on your member applicant. However, we cannot share these results with your organization. We will only screen for national service eligibility. If your organization requires a California criminal history check, you will need to follow your own procedures to complete that separately. The member will need to pay for California fingerprinting costs up front and the sponsoring organization must reimburse the member for these fees, as well as any postage costs. The state of California will bill WSC for any state repository check fees. WSC will bill the sponsoring organization for whatever fees are charged. As soon as you find out an applicant needs this check: Determine whether you will complete the check or you need WSC to do it. o If you will do it yourself, please follow the instructions in the State of Residence (Out-of-state) Check section of this Guide. o If you need WSC to complete the check: Contact the WSC Compliance Coordinator via for instructions: Request a California check and include the following information in the o Member applicant s legal name o Member applicant s address o Expected start date o Is the applicant still in California? (The process is different if they have already moved) WSC will send instructions to the Member (with a cc to the supervisor) to complete this fingerprint-based check. Results will come to WSC. WSC will screen the results and notify the supervisor whether the check was a pass or fail, according to AmeriCorps requirements. 14

15 NSCHC Results Waiver Requests If you believe the results may not arrive in time to submit with enrollment documents: 1. Site Staff: Complete the web-based waiver request form. o The WSC Compliance Coordinator will the completed waiver to the supervisor, usually within 3 business days. 2. Site Staff: Sign the waiver form. 3. Site Staff: Scan and upload the signed waiver into the DocuSign enrollment packet in place of the out-of-state resident check results. NOTE: WSC will only approve the applicant to enroll and serve, pending results of this check, if: NSCHC Authorization form, NSOPR, WATCH, & FBI are all complete and cleared by WSC You have initiated the out-of-state check prior to submitting a waiver form o A waiver form does NOT forego the check. Site Staff agrees to provide weekly updates to WSC about the status of the check, beginning the week after the expected results date. Site Staff agrees to forward results to WSC immediately upon receipt. 15