§ 4-1305.05. Processing the criminal records check.

Current through October 23, 2012

(a) The Agency or licensed child-placing agency shall forward complete sets of legible fingerprints taken on standard fingerprints cards by the Agency or licensed child-placing agency to the police or state law enforcement agency.

(b) The police shall:

(1) Access the District criminal records history maintained by the District government;

(2) Transmit all complete sets of legible fingerprints on standard fingerprint cards to the Federal Bureau of Investigation; and

(3) Request the Federal Bureau of Investigation to conduct a national criminal records check and return the results to the police or state law enforcement agency.

(c)(1) Except as provided in paragraph (2) of this subsection, the Agency or licensed child-placing agency shall request the law enforcement agency of each state identified in the completed information form to conduct a state criminal records check and return the results to the Agency or licensed child-placing agency, as appropriate.

(2) If the Agency or licensed child-placing agency has already determined that an individual has a disqualifying conviction, it is not required to make further requests to additional states.

(3) The Agency or licensed child-placing agency may also use interstate databases or systems to conduct a single check for multiple states.

                
                    var val = document.getElementById('citecontent').innerHTML;
                    art.dialog.defaults.title = window.location.href;
                    art.dialog.data('cite', val);
                    art.dialog.data('homeDemoPath', '/Scripts/plus/artDialog/');
                    art.dialog.open('/Scripts/plus/artDialog/citeiframe.html');

(Sept. 23, 1977, D.C. Law 2-22, title V, § 505, formerly § 325, as added, June 27, 2000, D.C. Law 13-136, § 201(f), 47 DCR 2850; Apr. 4, 2001, D.C. Law 13-277, § 2(v), 48 DCR 2043; Apr. 12, 2005, D.C. Law 15-341, § 2(p), 52 DCR 2315; renumbered Mar. 2, 2007, D.C. Law 16-191, § 22(a)(6), 53 DCR 6794; Apr. 24, 2007, D.C. Law 16-306, § 202(c), 53 DCR 8610.)

HISTORICAL AND STATUTORY NOTES

Effect of Amendments

D.C. Law 13-277 rewrote subsec. (a) which prior thereto read:

"(a) The Department or the Child Abuse Unit of the Social Services Division of the Superior Court of the District of Columbia shall forward complete sets of legible fingerprints taken on standard fingerprint cards by the Department or the Child Abuse Unit to the police."

D.C. Law 15-341 added subsec. (c).

D.C. Law 16-191 renumbered the section.

D.C. Law 16-306 rewrote subsecs. (a) and (c), which read as follows:

"(a) The Agency shall forward complete sets of legible fingerprints taken on standard fingerprint cards by the Agency to the police."

"(c)(1) Except as provided in paragraph (2) of this subsection, the Agency shall request the law enforcement agency of each state in which the individual resided, worked, or is believed to have had another connection as an adult to conduct a state criminal records check and return the results to the Agency.

"(2) If the Agency has already determined that an individual has a disqualifying conviction, it is not required to make further requests to additional states.

"(3) The Agency may also use interstate databases or systems to conduct a single check for multiple states in which the individual resided, worked, or is believed to have had another connection as an adult."

Emergency Act Amendments

For temporary (90-day) addition of section, see notes following § 4-1305.01.

For temporary (90 day) amendment of section, see § 202(c) of Omnibus Public Safety Emergency Amendment Act of 2006 (D.C. Act 16-445, July 19, 2006, 53 DCR 6443).

For temporary (90 day) amendment of section, see § 202(c) of Omnibus Public Safety Congressional Review Emergency Amendment Act of 2006 (D.C. Act 16-490, October 18, 2006, 53 DCR 8686).

For temporary (90 day) amendment of section, see § 202(c) of Omnibus Public Safety Congressional Review Emergency Amendment Act of 2007 (D.C. Act 17-10, January 16, 2007, 54 DCR 1479).

For temporary (90 day) amendment of section, see § 202(c) of Omnibus Public Safety Second Congressional Review Emergency Amendment Act of 2007 (D.C. Act 17-25, April 19, 2007, 54 DCR 4036).

Legislative History of Laws

For Law 13-136, see notes following § 4-1305.01.

For D.C. Law 13-277, see notes following § 4-1301.02.

For Law 15-341, see notes following § 4-1303.51.

For Law 16-191, see notes following § 4-204.61.

For Law 16-306, see notes following § 4-1305.01.

Miscellaneous Notes

For applicability of D.C. Law 13-277, see note following § 4-1303.01a.