FINGERPRINTING FREQUENTLY ASKED QUESTIONS
Prints are electronically submitted to the Michigan State Police and FBI for the criminal history search results. Results are emailed directly to the individual districts usually within 48 hours. Note: Due to Privacy laws, we cannot release Fingerprint Reports to an individual nor can they be faxed.
Q: Is being fingerprinted a yearly requirement?
A: Not necessarily, please check with your district Human Resources Department to find out how often you need to be fingerprinted.
Q: Why do I have to be fingerprinted?
A: School Safety legislation enacted in 2006 amended an array of statutes, including the Revised School Code, to require a criminal history check by the Michigan State Police (MSP) and a criminal records check through the Federal Bureau of Investigation (FBI). These requirements pertain to all School District employees and individuals who regularly and continuously work under contract in a school district, intermediate school district, public school academy or nonpublic school.
Q: I was just recently fingerprinted. Why do I have to do it again?
A: Previously, the Michigan State Police (MSP) did not archive fingerprints. The new legislation requires that the MSP archive your fingerprints. If you were fingerprinted prior to January 1, 2006, you will be required to be reprinted on a new Livescan system.
Q: How long are my fingerprints valid?
A: There is no requirement that you be fingerprinted more than once, but check with your district Human Resources Department to see if you need your fingerprints redone.
Q: Fingerprinting seems expensive. Where does the money go?
A: Expenses are incurred when your fingerprints are processed by the law enforcement agencies and fingerprint site. The Revised School Code expressly authorizes the Department of State Police to charge a fee for conducting criminal records checks.
Once you have completed the fingerprinting process, a criminal history report is generated. The next set of questions addresses those reports.
CRIMINAL HISTORY REPORTS FREQUENTLY ASKED QUESTIONS
Q: How can I get my criminal history report released to another district, May I have a copy?
A: You must request that the district for which you had the prints done originally release the results to the new districts. There is no requirement for them to do this so, you may have to have them redone. Individuals are not allowed personal copies of the reports so they cannot give them to you to bring to the other district.
Q: Can my criminal history report be faxed?
A: To ensure confidentiality and privacy, your criminal history should not be faxed.
Q: Where are my fingerprints and criminal history report?
A: Your fingerprints are kept in the Michigan State Police database. Your criminal history report is at the school district to which you requested it to be sent. Criminal history information is confidential and will be kept secured by the individual school districts.
Q: Who has access to my criminal history report?
A: Your criminal history report is, by law, to be used for the purpose of evaluating your qualifications for employment. Under the Revised School Code, the criminal history report from the MSP or its contents cannot be disclosed, except a misdemeanor conviction involving sexual or physical abuse or any felony conviction, to any person who is not directly involved in evaluating qualifications for employment or assignment. Likewise, the results of a criminal records check from the FBI, except a misdemeanor conviction involving sexual or physical abuse or any felony conviction, cannot be disclosed to any person who is not directly involved in evaluating qualifications for employment or assignment.
Q: I have been convicted of a crime. What happens next?
A: It depends on the type of conviction. The law now prohibits a school district, intermediate school district, public school academy or nonpublic school from employing, in any capacity, a person convicted of a listed offense. Listed offenses means that term as defined in section 2 of the Sex Offenders Registration Act, MCL 28.722.
If you have been convicted of a felony other than a listed offense, the district Superintendent and school board each are required by law to agree in writing to continue your employment with the district/school.
Q: Are there any requirements if I am charged with a crime after my original Criminal check?
A: A person employed by a school district, intermediate school district, public school academy or nonpublic school must self-report to the employer and the Department of Education in the Event the employee is charged with a crime listed in section 1535a(1) or 1539b(1) of the Revised School Code or a substantially similar law of another state or the United States.
The report must be submitted within three (3) business days of the arraignment or the employee will be guilty of an additional crime and may be discharged from employment. These requirements also apply to individuals who are regularly and continuously working under contract who have had an initial criminal history check or criminal records check. Additional disclosures are necessary in the event there is a plea of guilt or no contest or finding of guilt of any crime after having been initially charged with a crime described in section 1535a(1) or 1539b(1) of the Revised School Code. Forms are available in Human Resources.
Q: Is this information reported in anyway?
A: All school employees are reported in December and June on the REP (Registry of Educational Personnel) Report to the Michigan Department of Education. In part of the reporting process, employee information is also run for criminal history information. At this time the Michigan Department of Education may verify the information regarding criminal records with the district.