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Steve Correll and Vicki Tobin, representatives of the state Bureau of Criminal Apprehension, discuss how criminal background checks are done, and their effectiveness. Main topic is on checks done during a hiring process. Correll and Tobin also answer listener questions.

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It is 6 minutes past 11. Welcome to midday on Minnesota Public Radio for Wednesday, July 2nd. 1998. Gary ican is away this week. I'm very familiar part of President Clinton's proposed Crackdown on nursing homes includes conducting criminal background checks on new hires legislation would also create a National Registry of workers with a history of abuse. Well, such investigations may be new for potential nursing home employees. They are not new for people seeking work in any number professions today at midday would like to find out how criminal background checks are done and what kind of access employers have to it. Are they different for the kind of job and how effective are they making sure job applicants are properly scream joining us in the studio are two of the top officials at the state Bureau of Criminal apprehension. Steve Carell is assistant director of the criminal justice information system. Vicky Tobin is identification services manager. She trains law enforcement personnel and others how to do background checks. Welcome to you both. Thank you.And that we invite listeners to I call him with questions and comments about. Criminal background check. So I'll questions or comments about them invited those of you in the Twin Cities can call 227-6002 to 76 thousand in the Twin Cities outside the metro area. The toll-free telephone number is one 802-422-8281. 800-242-2828 Steve Carell, I'll begin with you basically who can do these criminal background checks and how do employers go about conducting them having them done with the clintons proposal to do background checks on on a nursing homes Nationwide start by telling you that already existed in State lost its Minnesota State Statute, 243-2144. 8.46 allows background checks to be done on all employees in nursing homes that have contact with elderly in those types of institutions inWe actually do to those in Minnesota and pass on those check today at the El Rey Sol. Minnesota does have that see you say when we do them is it doesn't have to be the BCA at the federal level the FBI or who actually does the does the legwork actually come through the Minnesota part of Human Services and they forward them to us. They are actually the the controlling Department in Minnesota that that takes a look at the nursing home to make sure that they're in compliance with this statute the check request a pass on the bureau and we conduct those checks to the state files Minnesota criminal history files to an to determine whether not a conviction exist. Okay. About what we know there are there certain situations that are in place at you that when you do these are in the human services department contacts you what what what takes place next to the checks are done in compliance with State statutes the name to the birth comes over with an informed consent from the employee. It's a requirement before they take employment position with that type of nursing home type of situation. They have to have this background check.Before they can work their we take those checks in we can perform the checks to the name date of birth check to the state files and the national files to ensure that no conviction data exists Tobin. Now there different kinds of checks for different kinds of jobs or there a standard procedure that how these checks are done or Amita the other kind of fit to order or give us some idea of how the different kinds of checks if they are different right. Now, we've got there's numerous checks that can be done for different types of what we call non criminal justice type of employment for licensing. You have your child protection act which basically requires that anybody that is going to be working providing children services, like education Recreation things like that. They do have the option doing a background check on those people that will be working with children both have the state and the national level FBI level. We also have checks forSchool bus driver security guards. We have the Kari koskinen background check and that is for basically apartment owners who want to hire a manager that they are required to do a background check on their managers before they do hire them or if they do have managers already in their employment. They are required to check to make sure that they have been convicted of certain what we call background check crimes. So there are a lot of different numerous statutes that do require some type of check for certain types of employment or licensing of the different based on what what what makes them different the different checks. It's just basically what types of things they might be looking for as far as crimes committed like with the child protection after looking at any type of crimes child abuse crimes murders criminal sexual conduct before they can allow somebody to be working with children. And again that's going to vary from statute to statute under the Kari koskinen staff.Again, they're looking for things such as murder harassment stalking a criminal sexual conduct that would eliminate them from holding a manager's position an apartment building who has access to these files. Basically, it would be anybody that would be hiring somebody they have the right to get access to these files that they have the state statute that allows them to do it or if there is no State Statute and they also want to check on somebody that they're hiring they can send in what's called informed consent from the subject of the data and that's required under data Privacy Act chapter 13 and with informed consent. They basically are entitled to everything that we do maintain at the bureau. As far as the FBI level. There has to be a state statute approved by the US attorney general before they will be allowed access to the FBI records. We also have a public access terminal at the bureau where anybody can come in and seeDown at the terminal in Access anybody without any informed consent? They just need a full name and date of birth to do that. So if they want to check on your neighbors or whatever they can come in and use our Public Access terminal now Steve does does the person know when the background check is under way and basically what rights do they have their application for employment generally kicks off this whole process for the background checks are they know that it's being done is usually a requirement of the employment agency that they have to pass his background check. Yes. They know they if we do find a record information is sent back to the employment agency saying okay on the name of the birth check. We have received the hit on this person's name to ensure that this person is actually the person because if it's a Bob Johnson understand Mary Smith, there's many Mary Smith out there in the system can't necessarily always difficult than the same date-of-birth as well. We recommend if they come and have the fingerprints roll. Then we can absolutely by fingerprint identification.Weed out who is and who isn't and we don't want anyone to be inappropriately held back from employment and we want to make sure that the data that we put out as accurate as possible. And your last question. I also want to make sure they understand this system was actually created for criminal justice agencies for law enforcement agencies. In overtime. Of course with legislation that happened to expanding the usage of this to Natural Justice purposes. I'm we've run into the need to get that information out to the public. We just recently put a limited access terminal in the department Human Services. So they can run these checks themselves in the past the process was it had come via inter-office mail basically to the bureau and we did in the manual process and we're making every effort we can to utilize technology to enhance their accessibility appropriate legal accessibility this data and to increase their turnaround time because Pete wants his job. He know he needs a family to feed and we don't want it's taking any longer than he has to get that clear and so he can go to work and so we're we're rolling that out.Ricky said we have a public turn off the bureau. I'm currently working on a project to take a look at you lie to me internet to have this public data available on the internet at first we can roll it out to the public defender's throughout Minnesota that probably should have for the next two to three weeks public defenders don't even have access to this information. Where did you get that to them? And then after that we roll this out hopefully in the six months beyond that to the Expo public so at your home via, AOL, you can run these criminal history checks public rental history checks the same day that you can get from the public terminal at the bureau. You can do that at home. Which of the Great for somebody who is lives in International Falls and doesn't really want to drive for 6 hours to run that one check the other are there might be some privacy concerns here. I know there's some laws that you know deal with that adequately protected as far as privacy. Well, you know, that's that's what that is a concern. The Minnesota state law says that public criminal history data can be accessed by the general public and that would include convictions up to 15.Old and we don't give them things older than 15 years. So I thought that has been deemed State Statute of public criminal history information. What we don't have any control of his when they walk away with that do they really know that that's the Mary Smith or the P Johnson that they ran this on here at the bureau. We take extra steps to fingerprinting things to make certain that we do have the right person when it goes out when that person walks away from the beer light from the public terminal. We can't always control what they do with that. We have strict controls with a criminal justice and then come with us as users what they can and cannot do with that data. So there are some concerns with that we're talking today about. Criminal background checks are gas or Steve Carell and Vicki Tobin from the state Bureau of Criminal apprehension. If you'd like to join the discussion, give us a call to 276 thousand in the Twin Cities to 276 thousand. We also have a toll free line. That number is one 800-242-2828. I let spring in the genie from Bloomington. Go ahead Genie.Hi, Steven, Dickey. I have a question on what exactly it means to have a record expunged and if it is has been expunged does that mean you can answer no on an application and then what comes back basically an expungement and there's a lot of different statutes requiring chords to do different things with a record whether it's just seal it whether it's an actual expungement expungement means to actually destroy the record if it's sealed, it means that it could be used for a some type of criminal process in the future if that person were to violate the law but basically under the expungement. It does mean that the record has been basically destroyed and the person's rights are really been restored and it's like they have no criminal history record.So they will destroy their just just throw it away or what does any special measure me to take to return to them and the record is basically destroyed it's taken out of the computer and there's really no access to anything. It's like a person ever had a record of everyone in the high school history that we have on file when an expungement comes through will take a look. It's is on an inquiry that's capable in our system and it determines where that criminal history record was disseminated via electronic media or not or manual process. We send letter out to those agencies who ever see that kind of History saying it is now expunged it no longer exists. You are required to destroy from your files to get off of your microfiche. And so we make certain that actually does get a sponge not just at the bureau at the central warehouse, but wherever it's been disseminated as well.Thank you. What I asked you I met you at the outset that you trained people who do these background checks. What kind of training do they get and how do you how do you assess their performance what core training always like the department of social services? And also we're helping Saint Paul police department do training on apartment owners as far as how to get criminal history background checks. And we also do training for the criminal justice agency to law enforcement agencies courts and Corrections. They are basically in that type of training. We just explain how to access our records through the computer. We talked about security issues as far as what they can do and what they cannot do with that record. Once they do access it. We also go through and how to interpret the records how to read the records for a pretty important support job and potentially mine filled out there. Is it is it a pretty strenuous exercise to deliver in this stuff?Really? It's just basically knowing how to inquiry on the person by the name and date of birth. And then if they do get a record back that is where they're going to have to make a determination if this is the person or is not the person and if there is a question, basically what we can do and we have done in some instances is to check a fingerprint. I have that person fingerprinted in check with our fingerprint that we keep with the record to make sure that we're talking the same person as far as what we call the non criminal justice people. Again, our training that we do with them is just basically explaining how they go about accessing our records are they entitled to access our records are there a state statute that allows them taxes or record or do they have to come in with what's called informed consent of the subject of the data asking for this record and giving them authorization to have the record or anything that we do have and again we don't get into hell.To read the records for them. It's basically just our taxes and again what they do with it record once a week give them access to it. We don't really have any control over that at this point just take another call and let's go to Shelly and Edina High Shelly has been any mention that okay and that I have done it for probably the last date.I don't know that I have a statistical number to that. We handle the making sure that the checks get done. We give the results to the Department of Human Services who I would anticipate would keep us to tistical information regarding the number of applicants versus the numbers denied or approved but that the bureau I don't know that I know that we get 200,000 non criminal justice background check request last year and that number is growing by Leaps and Bounds. Some is matter fact that you're getting the system was created for criminal justice use. We have a network out there with 4,000 terminals of in law enforcement agencies throughout the state. This is also the system that they use for getting the warrant checks for a doing stolen vehicle check some interfacing with the FBI's National Crime information center in the inlets, which is a national law enforcement telecommunications system was created for law enforcement but that has been fairly steady and its growth her big girls out. There is mobile digital channels in the police squad cars, but the growth that is really blowing up is the non criminal justice use the legislature meets. I can't remember session where they haven't come up with two.Three new laws that require background checks or these new registers which would show our another new trick of the trade of creating are these National Registry? You know, what's the last one that came out with it called the Registries The Sex Offender Registration. Every States required to have a State Sex Offender Registry in Minnesota does have one FBI is creating their sex offender registration. What does it was a kind of separated? It creates a separate pot that needs to be searched. I'm not going to say it's it's not a value. But if it does create another spot to needs to be set when doing a full check on somebody a criminal history is always been anticipated that it would meet those needs the end. As far as I know. It has met them. The another instance is Minnesota just created this area of an order of protection file that's out there the system all of the orders of protection from all you Seven Counties are being put into one pot. That is a very important file the one that we had never before had one.Stop shopping for Orthopedics. If you if you want to know if I didn't know if he had to call 87 different counties and find out which nobody's going to do. Let me just doesn't happen. So we created the order for protection file and that is now online Minnesota protecting the the men and women of Minnesota. Another file working on is the probation file index. There's no spot in Minnesota where you can go and say is this person on probation anywhere you have to call 87 different counties to the type of Registries or the pots that we're building to protect the citizens of Minnesota and then to help the colonel Jessup community in Minnesota. My Christian would be are concerned up with misdemeanor convictions. So it's my understanding that a lot of the misdemeanor convictions from I can open and Ramsey County don't get into the BCA database and a lot like those pacifically domestic abuse can disqualify peopleFrom my working in these jobs and secondly, a lot of similar cases are sentenced under what's called a stay of imposition and once their probation is completed the cases supposed to be dismissed and I'm aware of some cases where the case was dismissed, but somehow the prospective employer found out that they had this conviction which really isn't a conviction anymore. How did they go about fixing them? If you would take that one basically as far as the misdemeanors right now agencies are required to report and when I talk about reporting law enforcement agencies in order for us to create a criminal history record on an individual, I'd actually starts with the person being fingerprinted at the law enforcement agency. They law enforcement agency. Send set fingerprint card to us at the BCA and are they actually send two sets a send a state fingerprint card Anna FBI fingerprint card. We scan those fingerprints into what's called our automated fingerprint identification system, which basically checks for any criminal records based on fingerprint identification. Once we've identified a person in there with a criminal record. We add that arrest to that information. And then from then on WE track we see what happens to the person when they go on to prosecution courts, and if they do get incarcerated, we also get information from the correctional agencies. All right. Now we don't maintain misdemeanors on the system unless an agency has fingerprint of the person which they're not required to fingerprint on misdemeanors just felonies and misdemeanors and if they have finger printed on the misdemeanors be law enforcement agency would have to maintain that misdemeanor print until they got a final disposition from the court and then I can put that final disposition on the fingerprint card. And the reason for that is because we're not tracking the misdemeanors like we do with felonies and gross is where we do get the dispositions from the court on those cases. We will be requiring agencies law enforcement agencies to submit fingerprint cards and what we're calling targeted misdemeanors and those are misdemeanors that we have surveyed the law enforcement agencies around the state and ask what type of misdemeanors do you want to see on a criminal history and basically, it's your DWIs. You're a domestic abuse your orders for protection violation stalking harassment prostitution exactly. And I will be collecting those probably over the next couple of years. Were there be required to send that in as far as I think he mentioned an imposition of sentence stayed where the case is dismissed. There are some statutes. We're basically the case isn't actually dismiss. But if they do get like a imposition sentence stayed or execution of sentence stayed once they've completed so-called probation to put on probation. Once they that does happen once a person has completed it. It could be either dismissed or could be reduced down to a misdemeanor in which case we do. Do I continue to keep that information on a record. Okay, Steve people move around a lot to these records cross state lines or they just didn't in one state is there is what is created by the FBI and then run for many years called the triple. I the interstate identification index when we create a criminal history Minnesota. We are a member of AAA and I believe there's 36 States now or thereabouts that do participate. So there's still some Gap there still alarm 14 15 states in the country that don't participate the way forward that criminal history record to the triple eye which is basically an index that if you're in Louisiana and doing in Korean Steve Carell to the triple, I it says Minnesota has a record if you lies has the endless which is a national law enforcement telecommunications system to ship the Minnesota record from Minnesota back to Louisiana. So if it is kind of One Stop shopping, but then again there are 14 15 states and our participants. There is another Avenue to getting those on a state-by-state infrared capability to randlett said that you can go to and do a state-by-state type of by name date of birth. But the AAA is growing every year 3 4 more States come out of the can. Technology issue and they've been a lot of Grant dollars available from the federal government that has enabled several states in the past few years to to join trip lie you for taking my call. The comment that I have to make is that I am belonged to a healthcare organization that contracted with probably about 10 different nursing homes, and they would send me out there. And of course I had to have a criminal background check for each one, but I had to fill out a separate form for each one and I know people that probably go to 20 different institutions and each one. They had to fill out another Form and I was wondering if there's any way that they could streamline the the paperwork that's created. Maybe have one form there in the ad said the Department of Health and then have the institution contact that and get the the criminal background check from from them. I don't quite understand why it is that you have to fill out a separate one for each institution anywhere. That's my comment point. I mean that would need to come to the Department of Health and and how they streamlined that process. So I'm the thought is of course, we have 500 fingerprint cards coming in a week and the idea here. Is that the one week to next week, then you can take a criminal history and Halsted hold and you do the check with help me say this was one six months ago. He was clean. So he's good to go, but we could have gotten two or three fingerprint cards and conviction or disposition information in the meantime. So they're they're hedging their bets and they're saying we want to be safe to make sure good people out there working with the elderly working with these people in order to do another check. So I would think that's probably why they're doing it in that manner are the ramifications of a check failed to turn up for the information. You mentioned it. A lot of times people the same names the same birthday. So I suppose a lot of things can go wrong. But let's just say something doesn't turn up and it should have been caught. Are there consequences consequences that holds the state to I'm liable if what if the best effort was made with the information the databases that are allowed to name checks named Edinburg TX basically talking here. We're not having people that work in nursing home roll their fingerprints. They can be defined as inherently unreliable. I mean just because of the names and dates of birth and raised concerns with that in a perfect world. We would roll everybody's fingerprint. We would leave a check against the eighth of system and we would have absolute positive identification of everybody who does this baby comes a turnaround time in a cost issue to forward these to the FBI idfpr charges $24 for a fingerprint check. I mean that becomes cost-prohibitive it becomes a tax unemployment. It becomes a legislative Nightmare and I know our legislature has not dealt with that basically were talking name and date of birth checks, which can be turned around and in a matter of 2 3 days and give her a pretty good and concise. Identification of a person if there are duplicates or we have any concerns we do recommend that a fingerprint card be taken. It's interesting when President Clinton wants to create this elder care background check. He was talking about most likely name and date of birth checks. His own FBI is very much against name did Herbert checks in the triple. I they want them all to be fingerprint cards because that concerned of possible false hits we bump heads with the FBI quite often. I would like to my opinion is I'd rather take my 200,000 checks and send the FBI and at least be looking at those 49 other states instead of being concerned about whether or not we may get some false positive or might miss some things are only checking Minnesota. I know I'm missing 49 other states that the FBI precludes us from being able to do name date upper checks of the identification index my name date of birth only they require fingerprint cards. Hey back to the phones are Patty Rochester. Go ahead please. if there is a way that a private citizen can get a criminal history on someone that if they're not applying for a job and you're not involved with this is because I have an elderly friend. She's 85 years old who has a man that's been giving her a lot of attention that he recently moved into our community and he's calling or two and three times a day is calling her mom. She has no errors of any kind and I just didn't really worried about his intentions. And is there a way I could do a check to find out something about him his complete name and date of birth you have access to a public informational again. If you're out of the Cities, you can send that request send a letter to the BCA are requesting the access to the public information that we do maintain at the bureau. We do charge a $4 fee for that. But again, the check has to be run by a name full name and date of birth. And the other way is getting the what we call the informed consent from the subject of the data and coming in to access both public and private data that we maintain an We charge $8 for that and we with that informed consent from the subject of the data. We will give you access to anything that we have on our criminal history concerning that person if there is a record, but without the complete name and date of birth, there's not really any way that you can access our criminal history information criminal background checks and we will continue our discussion in just a moment. I'm going to Benson on the next all things considered a Minnesota man campaign for America's Atomic veterans Terrell turn around came back and got in the trucks and left and nobody knows who they were where they come from where they went what their names are what company they were with or nothing. That's the way and the rest of the news on all things considered weekdays at 3 on Minnesota Public Radio k n o w FM 91.1 in the Twin Cities. Address given just last week by former California governor and former presidential candidate. Jerry Brown or is he is now the mayor-elect of Oakland and his speech Brown presents his ideas and how we can save the country's major cities Jerry Brown the noontime speaker here on midday. Join us for that quick. Look at our weather forecast today should be probably mostly cloudy just a chance of afternoon showers in northern Minnesota ice today. Just a middle 60s in the far North near 80 in the South Clear partly cloudy tonight Louis from the middle forties near Thief River Falls upper 50s in the Rochester area for the Twin Cities today should be partly sunny a high of 77 partly cloudy tonight too. Low of 58, mostly sunny tomorrow and a high of 78 degrees around the region Duluth are probably something and 66 Rochester partly sunny and 75 Fargo-Moorhead sunny and 71 in the Twin Cities. This guys are partly sunny and the temperature is 71 degrees. It's now a 25 and 1/2 minutes before 12 noon. His midday coming to you on Minnesota Public Radio. I'm very vanilla in today for Gary item. We are talking about the criminal background checks today. How effective are they what goes into them. If you have some questions or comments. Feel free to give us a call. The number is 227-6002 276 thousand the Twin Cities. The toll free number is one 800-242-2828 or guests are Steve Carell assistant director of the criminal justice information system and Vicky Tobin identification services manager, both are at the state Bureau of Criminal apprehension the sea first of all, if you are arrested just arrested does that does that show up that show up in a criminal background check or does somebody have to be convicted of a crime? 4 gross misdemeanors and felonies that will show up in a criminal history. Once we received the fingerprint card is Vicki stated earlier before the break the the selected misdemeanors will also be coming in and certain misdemeanors do at this time. We taking over 500 fingerprint cards a week our staff that takes the demographic information and and checks and creates a criminal history record puts their rest on a person's record the conviction whatever information that comes into the dispositions goes on the record and krates criminal history. It goes to the eighth of system, which is the automated fingerprint identification system and its house along with 700,000 other fingerprint images around 5, BC a which are used for verification of identity and two large extent for latent print processing at crime scenes when the officer pulls off a print from a crime scene. It's checked against those files and it was quite successful in locating who these people are from that late and process like in Minneapolis. Go ahead, please. I suppose you're pulling up a check on somebody you've got their name, but you've got an incorrect date of birth. What will come back? What do certain extent we use a system called sound texting this gets a little too technical which which is most often out of my realm but the system is designed to it doesn't have to be an exact match to get ahead. There's there's the factor where how far off is too far off. What we do is we give the records back in again. The system was designed for criminal justice agencies law enforcement officers have been trained to know what they're looking for, but it's supposed to give back it gives back to the the closest hits to that. So if you work Steve Carell and you had it a year was off 2 years and a lot of people criminals have been known to not tell the truth the time of booking and so it's important to have this ability to not have to get an exact hit on an exact match. And so they are the response does give back the best possible matches and the person is the operator has to have the skill in the training that is provided by Vicki staff to make that determination of which is a good hit which isn't a good hit think you would ask about the juvenile records. Someone's over 18 years old now do juvenile records show up in a criminal background check the beer. I'll just started maintaining a juvenile records few years ago. And that was on our sex offenders and we have now expanded that into include all types of crimes are juveniles. We have to be Ro are required to maintain juvenile records for court action. If the person commits stuff a juvenile just committed a crime they can go to court under the extended juvenile jurisdiction act, which basically if they do come in another crying that you will can be now treated as an adult and we basically maintain records for those types of situations. The law enforcement agencies all have access to juvenile criminal history records. The only time the public would have access to a juvenile record as if there is a state statute that requires access to the juvenile records, for example Under your daycare in foster care for Human Services when they're licensing homes to provide daycare. For example, anybody that's in the household that I believe is 13 years or older is required to have a background check. So we would then release any juvenal information to that. Basically department Human Services for those types of situations. Thank you for taking my call. I appreciate Lee had I was arrested in Golden Valley Minnesota. I was released immediately. Everything went fine. But I was fingerprinted in my curiosity was in the ensuing Court issue is I found many inconsistencies and State records up to even proof of things that I still had in my wallet that they didn't seem to know anything about or I had a state ID. They had no record of it at one point. I didn't have a license and my curiosity was from what I understand in Minnesota as it is cities issue the citations the state keeps the records. And the county collects the money does this sort of separation of the databases. Does this affect in any way criminal background checks on a national level can this information on any one of these affect everybody across the board? Phoenix, that's a mini party question. What happened with you and in Golden Valley depending on the crime. Let's list for 2nd say that they fingerprint card was the crime that was committed or or allegedly committed was of sufficient to that to have gold. I send a fingerprint card to to us of the beer at which they are required by state law to do within 24 hours. We take that card and the information that's placed on it your name that if you had idea whatever ID that you had on you they take that and they put that on the card and he nicknamed scars Marks & Tattoos dates of birth. They asked if you have to use any aliases, like maybe you have a nickname on those are the types of things that they will put on the card and we will include on a criminal criminal history record. We do want as much data as we know about them. So that people getting hit in the in the in the future will have that information front of them. I'm as far as the separation of databases that is a major concern that we have at the state that there are so many pockets. Everybody's got a pocket Golden Valley doesn't have access to new Hope's records They even though they were But their crystals late, do you know what this person may have been wanted a New Hope but it's not they had no idea. There is a contact named indexes that are created A New Hope aren't shared that did the separation of that information is a major problem and we're taking a look at how we can bring the access to criminal justice agencies into one spot that basically allowing that information to be accessible throughout the states we house with the law says we're supposed to house which is computerized criminal history information and we only get it if the law enforcement agency sent us the fingerprint card without a fingerprint card. We don't start the process. We have trainers and Auditors that go out to each agency that submitted and takes a look at their policies procedures and basically audits them on their use of their system and make sure that they are in compliance but we take what we're given and we do our best with that. Pick up a shift gears just a little bit and ask you if criminal background checks different for under the gun laws. Don't apply for a gun versus applying for a job quite a difference in in all that procedure takes place interesting. That's a good question up in November on November 30th of this year. The permanent provisions of Brady act coming into effect in Minnesota since November 30th, 1993 with an operating under the intro Provisions. Minnesota has four number of yours had a background check request or a requirement for the purchase handguns and certain assault-type weapons with Sam sauce, but the permanent provisions of Brady the end of November this year will also require background checks to be done prior to the purchase of any long gun. So if you wanna go to Kmart and buy a 22 single shot for your son or daughter, you're going to have to have this background check that's done prior to getting that firearm. I'm what this also means two courses nothing's free anymore. And the Federal Bureau of Investigation will be charging a 16 up to a $16 fee for that and so it is going to going to probably caused some concern with people as they go to the hunting season as far as that goes for law enforcement. Of course, they've had this background check requirement they do do for handguns. The person feels out the request to purchase at the gun shop goes over to the police department in that jurisdiction and someone at the police department runs these background checks checking on wants and warrants information in the state and National League National and state criminal history records order for protection files mental and chemical commitment files part of Brady will also bring online in an automated format citizen renuncian people have who have a renounce your citizenship and dishonorable discharges from the military. So there are some interesting parts to this and it is coming on we are working. The process of interfacing with the federal database so that these checks can be done as quickly as possible. But the process called the national instant check background check system or Nix and if there's a lots of lots of interesting part of that incident is defined by the federal government is up to 3 business days the so they've got that in Minnesota state law is still going to require the federal Clio or the state Clio the chief law enforcement officer in that jurisdiction to do the background check on handguns and state law says he has up to seven days to do that background check. So they're still has kind of a built-in cooling off. So to speak that will still happen. But when you go to a gun shop to buy a long gun that gun dealer will pick up the phone then they will die out the FBI for doing the background check. So as long as there's there's a response will be what they call it. Yay. Nay or delay and the delay will be will be the frustrating part because they will have gotten a response in there and it says we need to look into this because I got four hits for this person or or That's a name. There's an a clear-cut yes or no, and that delay again can be I believe up to well, I don't know that it's really been defined with the delay will be so there's some bugs at the federal level at they're going to have to work out as we go into this. Okay, I join a car phone go ahead, please. Applications of you ever been convicted of a felony and misdemeanor or other than a traffic violation and I don't think I have what I did my own background check and some things that I thought would be on there. Like I got a careless driving a few years ago. Was it on there? And now I'm afraid when these other states do a background check on me to see something like that. They're and they're going to say you lied on your application denied and then went and I'm in a SD license with a skirt Association of Securities dealers. So then on every other application I'm going to have to put that I was denied and application but to the best of my knowledge. It wasn't in there because I did my own background. I'll sticky questionnaire Vicky. But yeah, it's far as like traffic offenses. The bureau doesn't require fingerprints to be sent in for that. So we wouldn't have a criminal history record. Any traffic type of fences is maintained by the Department of Motor Vehicle services. And if that's what the insurance companies are looking for is just any type of type of violation that you may have done. They don't have to check motor vehicle services and they also have to check criminal history records to get basically the complete information. Also DWIs are maintained by motor vehicle services. The only time that we would have a DWI on our record again because it would be a misdemeanor as if the agency did fingerprint the person and then they would have to hold that misdemeanor print until they got the final disposition from the court and then they could send it into us we will have that honor criminal history record. But if that doesn't happen again that will show up on the motor vehicle services records, so There's we were talking about two different things that were talking mostly what we call non-criminal type of fences your traffic offenses versus criminal offences, which we maintained at the bureau. Basically, we see this quite often. There's that fine balance of who I will go check who it's not their therefore. I will not be most forthcoming and put this on my application cuz they won't know if they're doing a detailed background check it all and you say you live in Minneapolis and they will most likely go to the Minneapolis local records and they will say head. Do you have a record on this person and they will go to the local mastering index in his name will be up there. He'll say yes. He called in a barking dog in 1979 and he was witness to traffic accident on 82 and he was arrested for a misdemeanor careless driving in 94, but we didn't fingerprint with indoor the bureau and they're going to double anyone you've got the criminal record at the local level into your light on your application and that we seen this happen quite often people fall into it, but I checked my record and it wasn't there. So I said no thinking I was It kind of slipped through the cracks on that one. And if they are doing a background check in any detail if they could bring it if there is a problem he had and it just it he's stuck. There's your mom you can do if there's a wreck it out there that he believes isn't him and he's being held back because of it. We have a challenge process. You come to the Bureau of it and you can challenge the record. We will basically flag that everything this record is currently being challenged do not use this for unemployment licensing of Criminal Justice purposes. And then an investigation is undertaken by The Bureau to determine is this the right person is this the wrong person and if it is the wrong person we will make that record reflect the correct information Jennifer and Newport your question, please I am a household any manager. So for me with agencies in with family that don't go through agencies. I have I've had so many criminal background checks done when they are done. I mean is there like you're like red flags over a hundred? So I'm curious on if it's the government gets like, oh my God why this person having all this done? I'm curious on what would be on my criminal background check. I have not I have not pulled it for myself have allowed them to do it, you know. I'm just curious on her like an alarm that goes off single person. I've had so many pulled. Do you have a criminal record weight? We do keep record of everybody who has inquired upon it again, you know and in and that is that's out there, but but but no there's there's no Flags or or anything like that that goes off when that criminal history record is running and we appreciate you repeat business as it is, we a lot of our funding a lot of the things we do to enhance our systems are based on some of the funds that we do take you in for nocturnal Justice checks. It's been a that along with federal grants has been the one of the balloons to the systems with technology as you all know taking off and changing over about every six months. We've had trouble in the past keeping up and it's been nice. We were putting systems right now. We're rolling a Live Scan throughout the state if I can talk about that for a second or excited about that witches are basically at booking station that you don't take the glob of ink and smear it out with the roller anymore. Now, it's actually at the finger for actually actually it's The camera ready box where the pictures are taken other fingers as you roll them and the system right away says is this a good when were bad when it tells the operator re-roll if it wasn't good. It's digitized and sent to us electronically over the phone lines. It's taken in by the automated fingerprint identification system automatically, and in the next couple months we'll have our store word for word product in place that will actually build the computerized criminal history record without a manual intervention it also at 2 in the morning when you say, my name is Steve Johnson. Yes. I finished my name when that person rolls Prince. It comes to me. If it's Nathan says well, he might think he Steve Johnson. We think he's Steve Carell, and it comes back and says me off so you could say that's not who you are able just to add this obstruction of justice charge to the fingerprint card now and does that said something that law enforcement looking forward to end and we are quite frankly that we're getting like I said over 500 cards fingerprint cards a week into the bureau. We don't want to add more people. We want to do the smart and don't technology to solve our problems. Just a couple of minutes left that sell take another call Kevin to Rochester. Go ahead, please. It just started off with the recognition that Clinton announced that the enforcement in nursing homes was going to increase in that that this was an include criminal background checks in the end. That sounds like a great idea on the face of it. What I think people aren't aware of and may not have been aware that this has already been done in Minnesota for many years as was mentioned, but what they're not aware of his that this is probably probably going to contribute to a decline in quality of care in the nursing homes for this reason right now. The pay at nursing homes is a Bismol hits around seven and a half bucks an hour, you know, the choice of working at McDonald's for about the same pay or you can do one of the hardest physically demanding jobs. There is in the world that is taking care of people can't move and can't take care of themselves for very little money and and and now on top of that you're being told we're never criminal background check and maybe skip Humphrey. I'll come down to Rochester which he did and threaten you with going to jail for taking care of old people because you made a mistake at it right now. We do not have Staffing at seven of the eight nursing homes for this kind of single-minded emphasis on a run enforcement the different issue were talking about criminal background checks for the call that may be asked at both of you have overall assessment effectiveness of a criminal background checks. Do you you think they're as effective as they can be anything that could change I should be changed to make my comments brief. I think we do a great deal with what we have to work with. I'm currently at the bureau we get rain in 40,000 people history records the FBI's got 47, excuse me, 20 37 million fingerprint card on file with the name of date-of-birth checks that we are are doing I think we do an excellent job in into getting through the good information out. We're constantly our systems are custom constantly evolving to get the Information out there. We're rolling out again to Live Scan technology. Our goal is the next several years to have that out to turn on Colonel Jessup agency. So it's as easy as filling out a form you can go to this location and roll your fingerprints and then we get out of all these false hits or any possible bad information that comes across and and will protect the people the citizen to Minnesota better by get making sure that the person is actually who they say they are and will enhance their ability the employees to get to their job and make their money quicker again. Like I said that the grants are there the national truck rental history Improvement program, Minnesota has something written Grand sight and silver 7 million dollars in Fannin County Al we're very aggressive and going after those dollars to enhance Minnesota systems it it says we used to be used to sit back and say boy, if only we had money we can do now we say while we've got money look at the work we have to do in and but that's by far the better place to be. Okay. Well Vicky at we're at a time here. I'm talking about criminal background checks. Thank you. Thank you, I guess today on midday Steve Carell assistant director of the criminal justice information system at the Bureau of Criminal apprehension and Vicky Tobin identification services manager. Thanks to all of you who called in during this hour and stay tuned much more his just ahead. I'm Ray Suarez Lydia LeBron is part of a large community of Puerto Ricans living and working in New York City. I was born and raised in Puerto Rico. I just came here for the why you leave here. I'd still see my future to Puerto. Rico will look at the unique circumstances confronting US based Puerto Ricans on the next Talk of the Nation from NPR news. And you can hear Talk of the Nation at 1 this afternoon right here on Minnesota Public Radio hits 5 minutes before 12. Noon. Here's The Writer's Almanac.

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