ESBD_484481_1769026408437_Criminal Background Check and Application Guidelines.pdf

Texas Facilities Commission---Criminal Background Checks and Application Guidelines

TEXAS FACILITIES COMMISSION

CRIMINAL BACKGROUND CHECKS AND APPLICATION

GUIDELINES

It is the policy of the Texas Facilities Commission ("TFC") that all Contractor employees and subcontractors that will complete any work on-site at a state-owned property shall be subject to a criminal background check. Any expense associated with such criminal background check shall be borne by the Contractor. Contractor's employees and subcontractors who work on TFC contracts are required to submit a criminal history background check. A criminal history background check shall be completed before any Contractor's employee or subcontractor performs services at the site. Criminal background checks must be performed by the Texas Department of Public Safety ("DPS") and must be on the form provided by TFC.

I. CRIMINAL HISTORY CRITERIA

Employers should use the following criminal history criteria when hiring employees to perform work for TFC. Any employee failing to meet the minimum standard will be denied. If special circumstances exist, please contact the TFC representative for clarification or further consideration.

A conviction or deferred adjudication for one of the following offenses will result in the permanent disqualification of a person from eligibility to provide contractual services with Texas Facilities Commission:

(i) any act causing death as defined in Texas Penal Code; and

(ii) any felony or misdemeanor involving arson, burglary, breach of computer security, credit card abuse, counterfeiting, forgery, kidnapping, robbery, stalking, terroristic threat, theft, and any sexual offense designated as a felony in Texas Penal Code.

Additionally, anyone who has a current duty to register as a sex offender, is under indictment or is a fugitive from justice is disqualified.

For individuals who have a conviction or deferred adjudication for felonies not enumerated above, 10 years must have passed from the time of disposition or discharge of probation in order for that person to be eligible to provide contractual services with the TFC.

For individuals who have a misdemeanor conviction or deferred adjudication for misdemeanors not enumerated above, five (5) years must have passed from the time of disposition or discharge of probation in order for that person to be eligible to provide contractual services with the TFC.

II. CRIMINAL BACKGROUND PROCESS

DPS has entered into an exclusive contract with IdentoGO Centers, formerly L-1 Enrollment Services, operated by MorphoTrust USA. IdentoGO by MorphoTrust is the exclusive live scan fingerprinting provider for DPS. All TFC contractors that are subject to TFC criminal background check requirements must create an account with IdentoGO in accordance with the IdentoGO Account Application and requirements attached hereto as “Attachment A”. Thereafter, all contractor employees and subcontractors must follow the registration procedures attached hereto as “Attachment A” including using the Texas Facilities Commission Service Code 11G6ZN. All necessary instructions and information to schedule a fingerprint appointment is included in Attachment A. In addition, the only service code accepted by DPS for a TFC criminal background check is the service code provided in Attachment A; therefore, if an individual does not use the service code in Attachment A, he or she may be required to repeat the process at the expense of contractor. Contractors can begin the process by simply clicking on this link:

https://uenroll.identogo.com/servicecode/11G6ZN

Additionally, forms and instructions can be found on the IdentoGO website at http://www.identogo.com by clicking on the State of Texas. Links on that page include one for online scheduling and a list for the state-wide fingerprinting locations. The waiver form for the criminal background check is attached hereto as ”Attachment B”. In the event Contractor needs to set up a new account, please refer to the attached link for instructions:

http://www.l1enrollment.com/state/forms/tx/566718664f05a.pdf.

III. CRIMINAL HISTORY ERROR RESOLUTION

The Error Resolution Unit (“ER”) is responsible for updating and evaluating possible errors in criminal history records. Potential errors are reported to ER by law enforcement, judicial agencies, as well as private citizens.

If an applicant would like to make a request that a criminal history record be updated or corrected, the applicant will need to supply certified documents to the ER. Required forms and additional information submit a correction request to the ER can be found at:

http://txdps.state.tx.us/administration/crime_records/pages/errorresolution.htm.

IV. TFC CONTACTS

For any questions involving the TFC criminal background check process, please contact the following:

https://uenroll.identogo.com/servicecode/11G6ZN http://www.identogo.com/ http://www.l1enrollment.com/state/forms/tx/566718664f05a.pdf http://txdps.state.tx.us/administration/crime_records/pages/errorresolution.htm

Matt Groce, Director, Risk Management Office: 512-936-2025 Cell: 512-269-9003 Email: matt.groce@tfc.texas.gov

Alyssa Serna, Manager Office: 512-463-3057 Cell: 512-497-497-2560 Email: alyssa.serna@tfc.texas.gov mailto:matt.groce@tfc.texas.gov mailto:alyssa.serna@tfc.texas.gov

ATTACHMENT A

Facilities Commission (ORI Facilities Commission/Service Code 11G6ZN)

The general process for electronic fingerprinting is:

1. Schedule an appointment to be electronically fingerprinted by MorphoTrust USA at one of their IdentoGo enrollment centers.

• Internet based scheduling is the quickest and most convenient way to obtain a fingerprint appointment.

a. You may begin the process now by simply clicking on this link:

https://uenroll.identogo.com/servicecode/11G6ZN

b. Provide all required pre-enrollment data and select a convenient date and time for your appointment

• If you prefer to schedule over the telephone, you must:

a. Have your Service Code ready (11G6ZN), then call 888.467.2080;

b. MorhphoTrust will prompt you for the Service Code (11G6ZN);

c. Provide all required pre-enrollment data and select a convenient date and time for your appointment

2. Arrive at your scheduled appointment with your photo identification and fee

• If you plan on bringing a form of identification other than a valid (unexpired) TX Driver License, please refer to the Department of Public Safety’s acceptable document types here: http://www.l1enrollment.com/state/forms/tx/55fc619a7f7aa.doc

• MorphoTrust accepts Visa/MasterCard/Discover/American Express, business checks, money orders and coupon codes (employer accounts) at the time of service.

• Please note that personal checks and cash are not accepted.

3. Your fingerprints will be submitted electronically to DPS and the FBI. You will not receive a printed fingerprint card.

4. At the conclusion of your appointment, the MorphoTrust enrollment agent will provide you with an IdentoGo receipt stating that you were fingerprinted.

• Do not throw away the receipt;

• You may check status on your submission by clicking on this link:

https://uenroll.identogo.com/servicecode/11G6ZN and then;

• Click “Check Status”

Fingerprints provided for this application shall be used to check criminal history records of the Texas Department of Public Safety and the Federal Bureau of Investigation, in accordance with applicable statutes.

https://uenroll.identogo.com/servicecode/11G6ZN http://www.l1enrollment.com/state/forms/tx/55fc619a7f7aa.doc https://uenroll.identogo.com/servicecode/11G6ZN

ATTACHMENT B

Texas Fingerprint Service Code Form

Facilities Commission

Service Name: Facilities Commission To schedule your ten-minute fingerprint appointment, simply visit https://uenroll.identogo.com and enter the following Service Code

11G6ZN

Service Code is unique to your hiring/licensing agency. Do not use this code for another purpose.

Background Check Waiver

I certify that all information I provided in relation to this criminal history record check is true and accurate. I authorize the Texas Department of Public Safety (DPS) to access Texas and Federal criminal history record information that pertains to me and disseminate that information to the designated Authorized Agency or Qualified Entity with which I am or am seeking to be employed or to serve as a volunteer, through the DPS Fingerprint-based Applicant Clearinghouse of Texas and as authorized by Texas Government Code Chapter 411 and any other applicable state or federal statute or policy.

I authorize the Texas Department of Public Safety to submit my fingerprints and other application information to the FBI for the purpose of comparing the submitted information to available records in order to identify other information that may be pertinent to the application. I authorize the FBI to disclose potentially pertinent information to the DPS during the processing of this application and for as long hereafter as may be relevant to the activity for which this application is being submitted. I understand that the FBI may also retain my fingerprints and other applicant information in the FBI’s permanent collection of fingerprints and related information, where all such data will be subject to comparisons against other submissions received by the FBI and to further disseminations by the FBI as may be authorized under the Privacy Act of 1974 (5 USC 552a). I understand my fingerprints will be searched by and against civil, criminal and latent fingerprints in the Next Generation Identification (NGI) system. I understand I am entitled to obtain a copy of any criminal history record check and challenge the accuracy and completeness of the information before a final determination is made by the Qualified Entity. I also understand the Qualified Entity may deny me access to children, the elderly, or individuals with disabilities until the criminal history record check is completed. If a need arises to challenge the FBI record response, you may contact the agency that submitted the information to the FBI, or you may send a written challenge request to the FBI's Criminal Justice Information Services (CJIS) Division at FBI CJIS Division, Attention: Correspondence Group, 1000 Custer Hollow Road, Clarksburg, WV 26306.

Don’t have access to the Internet? You can still schedule an appointment by calling 888.467.2080

ATTACHMENT B