12 NCAC 09B .0103          FINGERPRINT RECORD CHECK

(a)  Each applicant for employment shall be fingerprinted twice, using FBI Form FD‑258, Fingerprint Record Card.

(b)  The employing agency shall check the applicant's fingerprints against local files and shall forward both completed fingerprint forms to the North Carolina State Bureau of Investigation for fingerprint and criminal history checks against state and federal files.

(c)  The employing agency will receive a report of the results of the fingerprint check against state and federal files.  Regardless of the disposition of the inquiry, the employing agency shall permanently retain the results of the fingerprint record check in the applicant's personnel file.

(d)  An applicant for employment as a law enforcement officer may not be employed or placed in a sworn law enforcement position prior to the date on which the employing agency receives the report of the results of the fingerprint record check unless all of the following requirements are met:

(1)           The employing department head determines that the delay in receiving the fingerprint record check will result in undue hardship to the agency and certifies that determination to the Commission.

(2)           The preliminary criminal history investigation conducted by the employing agency has failed to disclose any disqualifying criminal record.

(3)           The applicant meets all of the minimum standards for employment and certification contained in this Subchapter.

(4)           The Fingerprint Record Cards have in fact been executed, delivered to, and received by the State Bureau of Investigation for the purpose of a criminal history search.

(5)           The applicant has completed and signed the applicant's certificate (Section A) of the Commission's Report of Appointment, wherein the applicant's temporary employment and probationary law enforcement officer certification is acknowledged to be contingent on the consistency of the fingerprint record check with the information provided in the Personal History Statement Form.

(e)  An applicant for employment as a criminal justice officer other than a law enforcement officer may be employed prior to the date on which the employing agency receives the report of the results of the fingerprint record check, if all of the following requirements are met:

(1)           The completed Fingerprint Record Cards have been forwarded to and received by the State Bureau of Investigation.

(2)           The applicant meets all other minimum requirements for employment and certification.

(3)           The applicant's continued employment is contingent upon the agency's review and evaluation of the results of the fingerprint record check.

 

History Note:        Authority G.S. 17C‑6; 17C‑10;

Eff. January 1, 1981.