D.C. Mun. Regs. tit. 6, r. 6-B416

Current through Register Vol. 71, No. 43, October 25, 2024

Rule 6-B416 - CRIMINAL BACKGROUND CHECK - AUTHORIZATION PROCESS

416.1

As a condition of employment, each individual subject to a criminal background check shall execute an acknowledgement and consent to the criminal background checks required by this chapter.

416.2

Prior to each criminal background check, the program administrator shall inform each individual subject to the check of the location of the office where the check will be conducted, when to report for the check, and provide each individual with all forms necessary to:

(a) Authorize the MPD or another entity, as appropriate, to conduct the criminal background check and confirm that the appointee, employee, or unsupervised volunteer has been informed that the employing agency is authorized to conduct a criminal background check;

(b) Complete a signed affirmation stating whether the individual:

(1) For the offenses listed in subparagraphs (c)(1) through (c)(9), has been convicted, pleaded nolo contendere, placed on probation before judgment, or placed on a stet docket; or

(2) Has been found not guilty by reason of insanity for any sexual offenses or intra-family offenses.

(c) Disclose any court actions for an individual for whom a criminal background check is required, excluding acquittals or dismissals resulting from inadequate evidence, involving, but not limited to, the following criminal conduct:

(1) Murder, attempted murder, manslaughter, or arson;

(2) Assault, assault with a dangerous weapon, mayhem, malicious disfigurement, threats to do bodily harm, including domestic violence;

(3) Burglary;

(4) Robbery;

(5) Kidnapping;

(6) Illegal use or possession of a firearm;

(7) Sex offenses, including, but not limited to, indecent exposure, promoting, procuring, compelling, soliciting, or engaging in prostitution, corrupting minors (sexual relations with children), molesting, voyeurism, committing sexual acts in public, incest, rape, sexual assault, sexual battery, or sexual abuse, but excluding sodomy between consenting adults;

(8) Child abuse or cruelty to children;

(9) Unlawful distribution or possession of or with intent to distribute an illegal drug;

(10) Fraud;

(11) Identity theft;

(12) Embezzlement; or

(13) Computer/cybercrime.

(d) Acknowledge, in writing, that the individual has been notified of his or her right to obtain a copy of the criminal background check report and to challenge the accuracy and completeness of the report;

(e) Acknowledge that the individual may be denied employment, or terminated, based on the outcome of the criminal background check;

(f) Provide any additional identification that is required, such as name, social security number, date of birth, and gender; and

(g) Inform the individual that a false statement on the form(s) may subject him or her to criminal penalties.

416.3

Upon receiving and completing the form(s) specified in this section, an individual shall report to the designated location to be fingerprinted.

416.4

Volunteers or employees in a covered position shall notify their supervisor and the personnel authority whenever they are arrested or charged with any criminal offense. Such notification shall occur within no more than seven (7) days of the arrest or service of a criminal complaint, or its equivalent, on the volunteer or employee. Failure to comply with this subsection shall constitute cause for disciplinary action under Chapter 16 of these regulations.

D.C. Mun. Regs. tit. 6, r. 6-B416

As amended by Final Rulemaking published at 55 DCR 724 (January 25, 2008); as amended by Notice of Emergency and Proposed Rulemaking published at 57 DCR 8835 (September 24, 2010)[EXPIRED]; as amended by Notice of Final Rulemaking published at 58 DCR 531, 538 (January 21, 2011); amended by Final Rulemaking published at 62 DCR 13820 (10/23/2015)

Authority: The Interim Director of the D.C. Department of Human Resources, pursuant to Mayor's Order 2007-95, dated April 18, 2007; Mayor's Order 2008-92, dated June 26, 2008, and with the concurrence of the City Administrator; Mayor's Order 2009-166, dated September 28, 2009; and in accordance with the provisions of Criminal Background Checks for the Protection of Children Act of 2004, effective April 13, 2005 (D.C. Law 15-353; D.C. Official Code §§ 4-1501.01, et seq.) (2008 Repl.), as amended by section 204 of the Omnibus Public Safety Amendment Act of 2006, effective April 24, 2007 (D.C. Law 16-306; D.C. Official Code § 4-1501.05) (hereinafter jointly referred to as the Act).