Can anyone send background investigation requests to the Office of Interdepartmental Regulation for processing?
No.

• In accordance with § 63.2-1726 of the Code of Virginia, this office is authorized to conduct background investigations only on individuals affiliated with children's residential facilities regulated or operated by the Department of Social Services; the Department of Education; and the Department of Mental Health, Mental Retardation and Substance Abuse Services.
• b. In accordance with § 37.1-183.3 of the Code of Virginia, this office is also authorized to conduct background investigations on paid direct-care employees affiliated with children's residential facilities regulated or operated by the Department of Mental Health, Mental Retardation and Substance Abuse Services.

Inquiries regarding background investigations for programs other than the above should be directed to the Virginia State Police at (804) 674-2000.

Why are fingerprints rejected?
Fingerprints are rejected for the following reasons:

• Ink unevenly distributed
• Fingers not fully inked or rolled
• Too much or too little ink
• Impressions smudged
• Ridge characteristics not distinct
• Hands reversed
• One or more fingers printed twice
• One or more impressions missing or partially missing. Indicate if there is an amputation
• Fingerprints not printed in sequence in spaces indicated
• Not using standard applicant fingerprint card FD-258
• Name and/or date of birth missing
• Contributor information unclear/missing

What can be done to improve the quality of fingerprints taken?
Some options are:

• Have individual wash his/her hands in hot soapy water and dry thoroughly. This removes natural oils from the hands making ridge characteristics more distinguishable.
• Insure equipment is in good condition; replace ink pad when necessary.
• Obtain additional training by contacting a local law enforcement agency.
• If one or two fingerprint impressions appear smudged or unclear, reprint on the back. Identify which finger(s) was reprinted by writing this information above the reprint(s).

How many times do I have to reprint an individual?
On Oct. 1, 1998, a decision was made by the Interdepartmental Liaison Committee regarding individuals whose fingerprints are rejected many times. The committee members felt the person who should make the decision about how many times to reprint an individual is the facility's regulator.

It will be up to each facility to maintain factual information concerning how many times a reprint has been submitted in order to furnish this information to the regulator.

It will also be up to each facility to do everything possible to get good prints from an individual, such as having different persons to take the prints. It is essential that all names used by an individual be listed on the fingerprint cards in the aliases (AKA) section. This is especially important with women who should list maiden names and/or former married names. The FBI and State Police conduct name checks on individuals when their fingerprints are unclassifiable. If all names an individual has used have been listed, the regulator may feel more comfortable about discontinuing further reprints since at least a name check will have been done.

Why are some dispositions of arrests not shown in the arrest histories?
On January 1, 1968, Virginia law enforcement agencies and clerks of courts became statutorily required to submit arrest fingerprints and final dispositions to the Central Criminal Records Exchange, Virginia State Police, in order to comprise criminal history records. Unfortunately, this is not always done. Much information contained in Virginia courts is public information, however, and may be requested through the appropriate court.

Can the Background Investigation Unit confirm if the arrests shown on the FBI arrest history are the same as those shown on the Virginia State Police arrest history?
In accordance with Federal law, the Background Investigation Unit is unable to furnish any information from a FBI arrest history to a private-sector facility.

Can a facility representative provide an individual with a copy of his/herVirginia State Police/FBI arrest history?
Facility representatives are prohibited by federal and Virginia laws from furnishing an individual a copy of his/her arrest history. Copies of FBI arrest histories may be requested through the FBI. If an applicant wishes to challenge the FBI arrest history after receiving a copy, it should be done through the FBI. Anyone wishing to obtain a copy of his/her Virginia arrest history should contact the Virginia State Police him/herself.

If a facility receives a "Does Not Meet" criteria letter, does it mean the individual has to be terminated?
The sole purpose of the issuance of a "Does Not Meet" letter is to inform a facility that an individual has been either convicted of or has a pending charge for an offense which is listed in Section 63.2-1726 of the Code of Virginia. These offenses are not barrier crimes. The facility is responsible for evaluating information obtained from the individual (e.g. verbally and on the Disclosure Statement) and evaluating investigation results obtained from CPS (Child Protective Services), the Virginia State Police, and the Background Investigation Unit. The facility is responsible for making the hiring decision.

If a facility receives a "Not Eligible" letter, does it mean the individual has to be terminated?
All of the convictions listed in § 37.1-183.3 of the Code of Virginia are barrier crimes which would prohibit hiring or retention of an individual convicted of one or more offenses.

Can the Background Investigation Unit assist facilities in making employment decisions?
No. Each facility must make its own hiring decisions except when an applicant is convicted of one or more of the barrier crimes listed in § 37.1-183.3 of the Code of Virginia. The facility's legal counsel may be a resource to assist with the hiring decision when appropriate.

Does a Virginia CPS Central Registry check have to be conducted on an individual who has just moved into the state?
Section 63.2-1726 of the Code of Virginia requires this check be accomplished. This does not, however, preclude a facility from also doing a CPS check in the state(s) in which the individual previously resided.