Section 750 IAC 9-3-3 - Criminal background checksAuthority: IC 24-4.4-1-101
Affected: IC 24-4.4; IC 24-4.5
Sec. 3.
(a) When the director requests a national criminal history background check under section 2(d)(1) of this rule, the director shall require the individual to submit fingerprints to the department, state police department, or NMLSR, as directed, at the time evidence of compliance is requested under section 2(c) of this rule. The individual to whom the request is made shall pay any fees or costs associated with processing and evaluating the fingerprints and the national criminal history background check. The national criminal history background check may be used by the director to determine the individual's compliance with this section. The director or the department may not release the results of the national criminal history background check to any private entity.(b) For purposes of this section and in order to reduce the points of contact that the Federal Bureau of Investigation may have to maintain for purposes of this section, the director may use the NMLSR as a channeling agent for requesting information from and distributing information to the United States Department of Justice or any governmental agency.(c) If an individual: (1) has been convicted of a felony during the seven (7) year period preceding the date of the application; or(2) has, at any time preceding the date of application, been convicted of a felony involving an act of fraud, dishonesty, breach of trust, or money laundering; the individual may not be approved for temporary authority to operate or be licensed as a mortgage loan originator under this article; provided that any pardon or expungement of a conviction shall not be a conviction for purposes of this subsection, resulting in an automatic denial or revocation of a mortgage loan originator license. The director may consider the underlying crime, facts, or circumstances of a pardoned or expunged felony conviction when determining the eligibility of an applicant for licensure under this rule.(d) For purposes of this section, the level of offense of the crime and the status of any conviction, pardon, or expungement shall be determined by reference to the law of the jurisdiction where the case was prosecuted. In the event that such jurisdiction does not use the term "felony", "pardon", or "expungement", references to those terms shall include legally equivalent events.Department of Financial Institutions; 750 IAC 9-3-3; emergency rule filed Jul 23, 2009, 4:14 p.m.: 20090729-IR-750090577ERA; emergency rule filed Jan 13, 2011, 2:44 p.m.: 20110119-IR-750110043ERA; emergency rule filed Dec 15, 2011, 2:54 p.m.: 20111221-IR-750110778ERAReadopted filed 12/1/2015, 9:28 a.m.: 20151230-IR-750150336RFAReadopted filed 11/3/2021, 10:48 a.m.: 20211201-IR-750210427RFA