12 NCAC 10B .0305          BACKGROUND INVESTIGATION

(a)  Prior to the background investigation conducted by the employing agency to determine the applicant's suitability to perform essential job functions, the applicant shall complete the Commission's Personal History Statement (F-3) to provide a basis for the investigation.  The Personal History Statement (F-3) submitted to the Division shall be completed no more than 120 days prior to the applicant's date of appointment.

(b)  If the Personal History Statement (F-3) was completed more than 120 days prior to the applicant's date of appointment, the Personal History Statement (F-3) shall be updated by the applicant who shall initial and date all changes or a new Personal History Statement (F-3) must be completed.

(c)  The employing agency shall ensure the proper dates, signatures, and notarizations are affixed to the Personal History Statement (F-3); and shall also certify that the results of the background investigation are consistent with the information provided by the applicant on the Personal History Statement (F-3), and if not, provide the applicant the opportunity to update the F-3 prior to submission to the Division.

(d)  The employing agency, prior to employment, shall examine the applicant's character traits and habits relevant to his/her performance as a justice officer and shall determine whether the applicant is of good moral character as defined in Rule .0301(a)(8).  The investigator shall summarize the results of the investigation on the Commission-mandated Background Investigation Form (F-8) which shall be signed and dated by the investigator.

(e)  The Background Investigation Form (F-8) shall include records checks from:

(1)           a state-wide search of the Administrative Office of the Courts (AOC) computerized system;

(2)           the national criminal record database accessible through the Division of Criminal Information (DCI) network;

(3)           the North Carolina Division of Motor Vehicles, if the applicant has ever possessed a driver's license issued in North Carolina; and

(4)           out-of-state motor vehicles check obtained through the Division of Criminal Information or obtained through the any other state's Division of Motor Vehicles if the applicant held a license in that State(s) within the 10 year period prior to the date of appointment.

(f)  The Background Investigation must also include records checks from jurisdictions in which the applicant resided within the 10 year period prior to the date of appointment and where the applicant attended high school, as follows:

(1)           Where the applicant resided in jurisdictions in North Carolina, Clerk of Court records checks are acceptable;

(2)           Where the applicant resided in another country, an Interpol records check is acceptable provided the country is a member of Interpol; or if the applicant was in the United States military, a military records check is acceptable; or if neither, efforts shall be made and documented to attempt to obtain a records check from the country and submitted if available; and

(3)           Where the applicant resided in a State other than North Carolina, a records check through the Division of Criminal Information using the IQ inquiry is acceptable provided the State will respond to that type of inquiry; or if not, then either a records check response from both the municipality, city or town where the applicant resided and the county-wide Sheriff's Office or Police Department obtained through traditional correspondence; or a records check from the appropriate county-wide or state-wide record holding agency is acceptable.

(g)  If the applicant had prior military service, the Background Investigation must also include a copy of the applicant's DD214 which shows the characterization of discharge for each discharge which occurred and military discipline received, if any.  If the DD214 indicates a discharge characterization of any type other than Honorable, then a military records check is also required.

(h)  All records checks shall be performed on each name by which the applicant for certification has ever been known since the age of 12.  If the applicant has had an official name change which occurred after the applicant had reached the age of 12 years of age, then documentation of that name change is required.

(i)  The employing agency shall forward to the Division certified copies of any criminal charge(s) and disposition(s) known to the agency or listed on the applicant's Personal History Statement (F-3).  The employing agency shall explain to the satisfaction of Division staff that charges or other violations which may result from the records checks required in Paragraph (e) of this Section do not pertain to the applicant for certification.  This documentation shall be included with all other documentation required in 12 NCAC 10B .0408.

(j)  The employing agency shall include a signed and notarized Release Authorization Form which authorizes the Division staff to obtain documents and records pertaining to the applicant for certification which may be required in order to determine whether certification may be granted.

 

History Note:        Authority G.S. 17E-7;

Eff. January 1, 1989;

Amended Eff. January 1, 2010; January 1, 2009; January 1, 2007; August 1, 2002; January 1, 1994; January 1, 1993; January 1, 1992; January 1, 1990.