Background Check Requirements and Restrictions
For Employees, Independent Contractors and Volunteers
Definitions “Criminal history clearinghouse” (Clearinghouse) means the electronic clearinghouse and subscription service established by the Department of Public Safety (DPS) to provide criminal history record information to persons entitled to receive that information and to provide updates to such information. A person who is the subject of the criminal history record information requested must consent to the release of the information.
Criminal History Record Information (CHRI) means information collected about a person by a criminal justice agency that consists of identifiable descriptions and notations of arrests, detentions, indictments, information, and other formal criminal charges and their dispositions.
Certified Persons The library Board of Trustees (Board) shall review CHRI reports.
Information to DPS Before or immediately after employing or securing the services of a person subject to this section, the library shall send to DPS information that DPS requires for obtaining CHRI. After the required information is submitted, the person may begin employment, but:
1. Employment is conditional upon the review of that person’s CHRI. The Board will review the CHRI and determine if the person is ineligible for employment.
2. The Board will decide if the person shall begin work or volunteering before the CHRI report is returned.
3. The library will pay for the report.
Confidentiality CHRI that the Board obtains that could reveal any identification information of a person about whom CHRI is requested and information that directly or indirectly indicates or implies involvement of a person in the criminal justice system is for the exclusive use of the library and may be used only for the purposes authorized and may not be released for any other reason.
The library shall destroy CHRI on the date the information is used for the authorized purpose or no later than the first anniversary of the date the information was originally obtained.
Discharge The Board shall discharge or refuse to place an employee or applicant if the Board obtains information in the CHRI that:
The employee or applicant has been convicted of
An offense requiring registration as a sex offender
However, the Board is not required to discharge or refuse to place an employee or applicant if:
The date of the offense is more than 30 years before
The employee or applicant satisfied all terms of the court order entered on conviction.
The Board may discharge an employee or applicant if the Board obtains information that the person was convicted of a felony or misdemeanor involving moral turpitude that was not disclosed in the CHRI.