Background Check

(1) To be sufficient for evaluation under 555 CMR 9.00, any background check must at least include the following, consistent with M.G.L. c. 6E, §§ 4(f)(1)(v) and 4(f)(2): (a) A state and national check of the applicant’s background; (b) Fingerprinting; (c) A full employment history; (d) An evaluation of the applicant’s full employment record, including complaints and discipline, if the applicant has been previously employed in law enforcement in any state or United States territory or by the federal government; and (e) A determination of whether the applicant has been convicted of a felony. (2) With respect to an endorsed applicant: (a) The endorsing law enforcement agency must conduct a background check in accordance with 555 CMR 9.05(1); (b) The endorsing law enforcement agency shall provide the applicant with the results of any background check; (c) The Division shall refrain from determining that the applicant has failed the background check without first affording the applicant 14 calendar days in which to submit a response to any background check or to indicate that no response will be submitted; and (d) In any evaluation of whether the applicant has passed a background check, the Division shall rely on the results of any sufficient background check conducted by the endorsing law enforcement agency, as well as any response provided by the applicant pursuant to 555 CMR 9.05(2)(c). (3) With respect to an independent applicant: (a) A law enforcement agency may assess a reasonable fee for conducting a background check at the applicant’s request; (b) The Division shall provide the applicant with the results of any background check obtained by the Division in connection with the application that the applicant has not previously received; (c) The Division shall refrain from determining that the applicant has failed a background check without first affording the applicant 14 calendar days in which to submit a response to any such background check or to indicate that no response will be submitted; (d) In any evaluation of whether an independent applicant has passed a background check, the Division shall rely on: The results of any sufficient background check conducted by a law enforcement agency and provided to the Division, and any response provided by the applicant pursuant to 555 CMR 9.05(3)(c); or 2. If the Division has not received such results, a sufficient background check conducted by the Division, provided that the applicant has tendered any background check fee prescribed by the Commission pursuant to 555 CMR 9.04(2); as well as any response provided by the applicant pursuant to 555 CMR 9.05(3)(c); and (c) If the Division does not conduct its own background check, it shall return to an applicant any background check fee that the applicant tendered to the Commission.