Attachment 2 – Additions to the 2018 Survey for 2020
SECTION I: REPOSITORY
3. (c) Does your state’s criminal history repository employ an Interstate Identification Index (III) multi-state record indicator flag?
Yes No
(d) If yes, as of December 31, 2020, how many subjects in your state’s criminal history records database have out-of-state records? ____________
10. (a) Does your agency have any CCH performance reporting tools (dashboards, reports, etc.) that enable you and your staff to regularly monitor submissions by contributing agencies (e.g., courts, prosecutors and corrections)?
Yes No
(b) If yes, which metrics do you monitor? (Check all that apply)
Number of arrests reported by agency
Arrests that are missing dispositions
Time from arrest to disposition
Number of dispositions reported by law enforcement agencies
Number of dispositions reported by prosecutors
Number of dispositions reported by courts
Dispositions that cannot be linked to a corresponding arrest
Date of disposition to when it is reported to the state repository
11. (a) Does your agency send reports of missing arrests and/or dispositions to contributing agencies? (Check all that apply.)
Yes No
(b) If yes, which agencies? (Check all that apply.)
Law enforcement agencies
Prosecutors
Courts
Other (briefly describe) _______________________
12. (a) Does your agency make data quality metrics available to contributing agencies (e.g., dashboards showing missing arrests and dispositions, number of records submitted and rejected, etc.)? (Check all that apply.)
Yes No
(b) If yes, which agencies? (Check all that apply.)
Law enforcement agencies
Prosecutors
Courts
Other (briefly describe) _______________________
SECTION II: ARREST/FINGERPRINT REPORTING AND ENTRY
10. (a) Upon receiving a Death Certificate from an authorized source, does your repository remove a decedent’s criminal history record from your state’s criminal history file?
Yes No
(b) If yes, how many deceased persons records were removed from your state’s criminal history records database in 2020? ____________
(c) Are fingerprints of the decedent required before a record can be removed?
Yes No
11. (a) Does your state repository purge its criminal history database of records when the subject of the record reaches a certain age (e.g., 99 years old)?
Yes No
(b) If yes, at what age? ____________
(c) Is there a requirement to determine if an age-qualified subject has had new information recently posted to his/her criminal history record that would cause the record to remain on file regardless of the record subject’s age? (E.g., new information posted within 1 year, 5 years, 10 years, etc.)
Yes No
(d) How many records of age-qualified subjects were purged from your criminal history file in 2020? ____________
SECTION IV: NONCRIMINAL BACKGROUND CHECKS
Bulk Sale of Criminal History Data
11. (a) Do you provide bulk copies of criminal history records to private background check companies?
Yes No
(b) If so, how are data provided? (Check all that apply.)
One-time data extractions
Subscriptions
Other (briefly describe) _______________________
(c) If a subscription service is offered, how frequently are subscriptions updated/validated?
Annual updates
Monthly updates
Weekly Updated
Other (briefly describe) _______________________
12. How are private background check companies notified if records have been sealed/expunged or are otherwise no longer considered public records? (Check all that apply.)
Website
Other (briefly describe) _______________________
13. What are the legal obligations on the part of private background check companies to update records received from the state CCH repository?
Updates must be made within 7 days
Updates must be made with 30 days
Updates must be made quarterly
Other (briefly describe) _______________________
SECTION V: RECORD SEALING AND EXPUNGEMENTS
Record sealing and record expungement definitions and practices vary widely across the states. For the purpose of answering questions in this section, the following definitions apply.
Sealed Record: Record is restricted from public access (if such access is available in your state) and is generally unavailable for employment and licensing purposes. Sealed records may be accessed on a limited basis – e.g., criminal justice employment, law enforcement investigations, research purposes, etc.
Expunged Record: All hard copy and electronic information about the arrest is destroyed/ obliterated. No information about the arrest or disposition is retained, and it is therefore unavailable for any purpose once expunged.
Since all states have some degree of automatic sealing or expungement of juvenile records, the following questions only apply to adult criminal history records.
Do you have statutes and/or policies that define procedures for criminal history record sealing and/or expungement?
Yes, sealing only
Yes, expungement only
Yes, both sealing and expungement
No
2. If a record is sealed, is it still accessible for research purposes?
Yes No
3. How are requests to seal/expunge records received? (Check all that apply.)
In-person
Fax
Online Portal/Website
System-to-system request (e.g., courts submit requests from their RMS to the repository)
Other (describe)
4. (a) Does your repository track the number of sealing/expungement requests it received in 2020?
Yes No
(b) If yes, how many requests to seal records were received in 2020? ________
(c) If yes, how many requests to expunge records were received in 2020? ________
5. (a) Does your repository track the number of sealing/expungement requests it approved in 2020?
Yes No
(b) If yes, how many records were sealed in 2020? _______
(c) If yes, how many records were expunged in 2020? _______
6. (a) Does your repository track the number of sealing/expungement requests it denied in 2020?
Yes No
(b) If yes, how many requests to seal records were denied in 2020? ______
(c) If yes, how many requests to expunge records were denied in 2020? ________
7. What
are the most common reasons that requests to seal/expunge records are
denied?
(Check
all that apply.)
Offense/crime for which the request is made is not eligible for sealing or expungement
Individual’s criminal history makes him/her ineligible
Outstanding fines, fees, restitution, etc.
Insufficient time has passed since the offense/conviction occurred
Failure to provide necessary documentation to support the request
Other (describe)
Automatic Sealing and Expungement
Some states have adopted laws and/or policies to automatically seal/expunge records — i.e., where the subject of the record does not have to file a petition to have the record sealed or expunged. Questions 8‒10 are only concerned with automatic sealing and expungements.
8. In 2020, were any records automatically sealed/expunged in your state?
Yes, sealing only
Yes, expungement only
Yes, both sealing and expungement
No
9. How many adult records were automatically sealed in 2020? _______
10. How many adult records were automatically expunged in 2020? _______
| File Type | application/vnd.openxmlformats-officedocument.wordprocessingml.document |
| Author | Becki Goggins |
| File Modified | 0000-00-00 |
| File Created | 2021-02-04 |