State and FBI Fingerprint Checks for Members and Staff

Office on Volunteerism and Community Service

Which members gets a State and FBI fingerprint check?

All new members or returning members with break in service of more than 120 days

Returning members with 120 days or less break in service do not have to have another State and FBI check

Which staff get a State and FBI fingerprint check? All new staff that are in the budget, or have

supervisory role of members

Any returning staff that have had a break in employment of more than 120 days

Less than 120 days break in employment, another State and FBI check is not required if complete 4-part already in place

Timeframe for completion Must begin State and FBI check by enrollment

date Should begin even sooner, if possible

After fingerprints are taken and forms are submitted, an average turnaround time from Virginia State Police can be 4 to 6 weeks Now you see why it’s important to start early!!

Step 1 for Non-Profits Receiving an Application from Virginia State

Police Send a letter on agency/organization

letterhead to the Virginia State Police (VSP) stating the following; a. You are a Virginia AmeriCorps program. b. New Federal regulations require that you

conduct national FBI Fingerprint Checks on all of your AmeriCorps program participants.

c. Request a tracking number for processing fingerprint cards.

See Page 4 of OVCS 4-Part Background Check Process document for addressee, etc.

Step 2 Application

VSP will send back an application that must be completed and returned to complete registration

After registration is completed, fingerprint cards are sent to the program

Step 3 Fingerprinting

Contact local law enforcement to set up a time to have the members/staff fingerprints taken

Some localities charge a fee to take the fingerprints, approx. $10

Step 4 Complete and submit Form SP-24, found here

Programs should make members aware that incorrect information (i.e. not reporting crimes that will be on criminal history record) submitted on Form SP-24 is a misdemeanor

Programs should use employment designation, and the cost is $37

Step 4 continued- Submit the completed Form SP-24 and the fingerprint card to VSP with tracking # Results will be mailed back with a Pass or Fail

designation from both VSP and FBI check

No Criminal History will be returned, only a Pass/Fail

If you receive back a Pass for both, the member/staff State and FBI check is complete Make sure member file is complete for State/FBI

If you receive a fail, you will have to move to Step 5

Step 5- What if Form SP-24 comes back with a Fail?

A Fail designation does not automatically mean that the member/staff is ineligible. Form SP-24 reviews against “barrier crimes”, which include offenses that do not automatically rule out service.

If Form SP-24 comes back with a Fail, you will then need to request the actual Criminal History from State Police, and FBI. Submit Form SP-167 to State Police for State

Criminal History Follow FBI Instructions here for criminal history, and

refer to Page 5 of the OVCS 4-part background check for additional information on a fail notice

Step 6- Review Criminal History Record You then review the Criminal History record

against your organizational policy.

Murder or Sex Offense automatically exclude a member/staff.

Other crimes at discretion of your organization

Make sure that your file clearly shows why you refused or accepted the member/staff!

What to do if fingerprints are rejected as illegible/unreadable If deemed unreadable by VSP, the fingerprint

card will be returned with a red stamp on it, denoting that a Virginia Name Search was conducted. However, an FBI check is still required.

FBI must reject fingerprints twice before a National Name Search can be run After 2 rejections, submit to Elvira Johnson at VSP:

Rejection notices and original fingerprint cards A short letter on Program letterhead stating the

need for a National Name Search

Organizational Design or Processes that do not allow for the approved process to be followed Contact your Program Officer immediately

May need to request an Alternate Search Process/Protocol from CNCS

Common items that may need an ASP programs that have HR departments handling

background checks and can’t meet reviewability requirements

programs that employ/enroll individuals with criminal records as part of the program design

See ASP PowerPoint in the background checks training folder

Important Keys Review fully the OVCS 4-part Background

Check Guidance Document Start as early as possible Encourage applicant to accurately complete

forms Document fully all elements Contact Program Officer for any possible

deviations from OVCS guidance documents