T1426 Attachment 6 Fingerprinting Guidelines 7.2.25.docx

REVISED ATTACHMENT 6

FINGERPRINTING GUIDELINES

In accordance with N.J.S.A. 52:18A-258 and Internal Revenue Service Publication 1075, all state agencies are required to conduct a criminal history background check that includes the exchange of fingerprint data with the Federal Bureau of Investigation (FBI) and the New Jersey State Police (NJSP) for all employees, contractors, and vendors with access to Federal Tax Information (FTI).

The purpose is to ensure that the New Jersey Department of the Treasury’s (the Department) employees, *contractors, and vendors, who are provided access to FTI from the IRS, due to the nature of their position or interaction with the Department, undergo a comprehensive Criminal History Record (CHR) background check. This background check is to include both fingerprinting and a nationwide verification of any potential disqualifying criminal or disorderly persons’ offenses.

It is Departmental policy that every current and prospective employee, vendor, or contractor retained by the Department and who is given access to FTI, must first undergo a CHR background check that includes:

1. The exchange of fingerprint data with the FBI and the NJSP; a review of fingerprint results conducted to identify possible suitability issues. This national agency check is key to evaluating the history of any current and prospective employees who are provided access to FTI. It allows the Department to check the candidate’s criminal history in all 50 states, not only current or known addresses.

2. A check of local law enforcement agencies where the subject has lived, worked, and/or attended school within the last five (5) years, and if applicable, other law enforcement jurisdictions may be contacted to follow up on any identified arrests. This local law enforcement check will assist the Department in identifying trends of misbehavior that may not rise to the criteria for reporting to the FBI database, but is a good source of information regarding an individual’s character and trustworthiness.

3. A record check of the State of New Jersey tax filings and payments to assure the applicant has complied with State tax laws.

Consent: A CHR background check will not be performed unless the employee or individual provides written consent; however, the Department will not employ an individual, contractor, or vendor who refuses to consent to, or cooperate in, securing a CHR background check where FTI access is required.

Employees, contractors, and vendors must also consent to continuous monitoring of their FTI access eligibility. As part of the fingerprinting process, the FBI, NJSP, and/or a local law enforcement agency will continuously monitor each employee, vendor, and/or contractor for any potential disqualifying criminal or disorderly persons’ offenses. The Department will be informed of any individual who is deemed to have a disqualifying offense(s) on his/her criminal history.

Disqualifications: Individuals may be disqualified from FTI access if their CHR background check reveals a record of conviction that has not undergone the process of rehabilitation as provided by N.J.S.A 52:18A-258 for any crime or disorderly persons’ offense involving theft, forgery, or fraudulent practices as set forth in chapter 20 and 21 of Title 2C of the New Jersey Statutes. In addition, convictions in any other state or jurisdiction for conduct, which if committed in New Jersey, would constitute a crime or disorderly persons’ offense involving theft, forgery or fraudulent practices, will also be disqualified from FTI access.

Waivers: Waivers enabling employment that includes FTI access following CHR background check disqualification may only be granted by the Director of the Division of Taxation, or his/her designee, if the individual has demonstrated clear and convincing evidence of rehabilitation.

Cost: The New Jersey Department of the Treasury is not required to bear the cost of a criminal history record background check in the case of an individual employed, contracted, or otherwise used by a contractor or vendor. The current cost is $67.38 and the fee is collected at the time of fingerprinting at IdentoGO (NOTE: Price is subject to change).

Reinvestigations: Subsequent reinvestigation will be conducted within five (5) years of the most recent preceding investigation of all current employees, contractors, and vendors who have access to FTI in association with their position or interaction with the Department.

*Contractors who may have access to FTI due to the nature of their position will be subject to the fingerprinting requirement, for the purposes of the collection contract.