Findings from Fingerprint-Based Checks - No Further Review - Outstanding Warrants

(1) If the fingerprint-based check reveals a conviction of an offense from any jurisdiction the same or similar to a 101 CMR 15.15: Tables of Offenses: Table B crime that is a felony more than ten years old, or the same or similar to a 101 CMR 15.15: Tables of Offenses: Table B crime that is a misdemeanor more than five years old, and there are no subsequent convictions or pending cases of any kind, the CBCU will not consider such crime. For the purposes of computing the five and ten-year time periods, the time period will run from the date any court supervision, probation, or sentence was terminated. (2) If the fingerprint-based check reveals a finding of "no record," the CBCU shall notify the hiring authority of the candidate's suitability determination. The hiring authority may then confirm employment or hiring of the candidate, or may proceed with the application for licensing, funding, or approval. The hiring authority shall maintain DDS's determination in a secure file separate from the candidate's personnel file, as applicable. (3) If the fingerprint-based check of the state and national criminal history databases reveals an outstanding warrant for any offense, the CBCU will notify the candidate that he or she is not suitable for employment, licensure, funding or approval unless the warrant is removed. (4) The CBCU shall notify the hiring authority whether a candidate has been approved as suitable or unsuitable for employment, licensing, funding, or approval. The report or the findings of the fingerprint-based checks shall not be disclosed to the hiring authority. (5) All reports of findings of fingerprint-based checks of the state and national criminal history databases, including those with a finding of "no record," shall be filed in a secure location.