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Criminal History Record Information

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Virginia Henderson

on 27 May 2016

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Transcript of Criminal History Record Information

Duana Couch Harrison County SO

Phyllis McFall Lancaster Police Dept

Cynthia Peoples Irving Police Dept

Virginia Henderson Greenville Police Dept
Duana Couch
Phyllis McFall
Cynthia Peoples
Virginia Henderson
Sources of CCH’s
Who can inquire
How to inquire
Purpose codes
Operator, Requestor, Attention Fields
Reason for Inquiry fields
Responses
Confidentiality
Automated Logging & Dissemination
Storage & Destruction
CHRI Laws & Sanctions
Objectives
Sources
Computerized Criminal History

Texas (CCH)
FBI (NCIC III)
Individual State Repositories – IQ, FQ, and AQ

Texas CCH
Records of Texas arrest stored at the LES/CRS of DPS (Austin)
Compiled From
Arrest Fingerprint Cards
Prosecution and Disposition Information from Courts
Probation and Parole Reports
TDCJ Receiving Reports
Local agencies can inquire only
Entries and Updates done by CRS (Crime Record Service)
24 hours a day 7 days a week
Records are based on what is submitted

The accuracy, timeliness, and completeness of the records:
Depends on its contributors
CRS enters from the record source
Errors ?

Error Resolution Unit
(Assistance Line)
(512) 424-7256
Juvenile Justice Information System (JJIS)
Established January 1, 1996
Statewide Database
of custody
pre-adjudication
and post-adjudication events on Juvenile Offenders

Local LE agencies are required to report qualifying arrest to DPS if the Juvenile is referred to a Probation Officer with in 10 days of the arrest
Same inquiry formats (QH/’RAP’) as Adult Inquiries
Same dissemination policy applies
Questions concerning the Texas CCH records can be referred to:

TCIC Control Room:
At the Mnemonic address of “CRDP"
Or
512-424-2088 or 866-266-TCIC (8242)

Criminal History Record Information
REQUIRED AND SUPPLEMENTAL FIELDS
FOR QH INQUIRY
TEXAS AND NCIC III

QH Inquiry
MKE (MESSAGE KEY)
ORI (ORIGINATING AGENCY IDENTIFIER)
PUR (PURPOSE CODE)
REQ (REQUESTOR)
OPR (OPERATOR)
RFI (REASON FOR INQUIRY)


MESSAGE KEY AND ORI MAY AUTOPOPULATE IN
OMNIXX FORMAT, IF RUNNING FOR ANOTHER AGENCY, USE THAT AGENCY ORI

C – CRIMINAL JUSTICE PURPOSES
J – CRIMINAL JUSTICE APPLICANT
F – FIREARMS PERMITING, RETURN, AND ENFORCEMENT PURPOSES, INCLUDING EXPLOSIVES
D – DOMESTIC VIOLENCE AND STALKING PURPOSES, USED MAINLY BY CRIMINAL AND CIVIL COURTS, ORI ENDS WITH “J” OR “D”

Operator, Requestor and Attention, Fields
“Requestor”, “Operator” and “Attention” fields must:
be a unique identifier
specific to that person for one year
The local agency must be able to look at the transaction and readily identify the person named within these fields  

This procedure is to enhance compliance with the NCIC Operating Manual and CJIS Security Policy, Interstate Identification Index (III) chapter, section 2.1, paragraph 4:
The person named in the “Requestor” or “Attention” fields must:
State why the specific criminal history inquiry was done
Will include which officer is asking for the information
The “Operator” field will:
Identify the person who typed the inquiry

The best practice would be:
Title/Rank – First Name Last Name
Or using the person’s full first and last name in any of these fields is acceptable
If the name is common or not unique within the agency
then additional information
a badge, radio, or employee number.
Request from an outside agency
also include the name (or ORI) of the other agency in these fields

A 75 character free text field
WHY the agency is running the CHRI
Field is Mandatory
Reasons for Inquiry
Arrests
Booking Classification
Burglary Investigation
Missing Persons
Traffic Stops
Positive Summary Response
Individuals Name
Physical Descriptors
Numeric Identifiers
The Identity of the Database(s) Maintaining the CHRI
Guidance on how to obtain the ‘QR’ ‘Rap’
Summarization of the Charges

TCIC Responses to QH
Additional Caveats included in Positive Summary - TCIC
“SUBJECT IS DECEASED” the Date of Death (DOD) will be displayed
“SUBJECT IS REGISTERED AS A SEX OFFENDER”
The Sex Offender file using transaction “QXS”
Not all sex offenders will have a complete CCH record
IF subject has a Texas SID # does not mean they have a complete Texas CCH record
IF sex offender moves to Texas from another state
assigned a Texas SID number based upon fingerprints

SINGLE SOURCE SUBJECT - NO NCIC RESPONSE
Single-State indicates only the Texas CCH record
Not all Texas CCH’s indexed in III
 Multi-Source –
record for the subject in at least 1 other state in addition to the record in Texas 
No Record TCIC –
The inquiry identifiers were unable to match any record

Note: Possible CCH – use other identifiers, if known – a fingerprint search is necessary for positive identification

Two to Five Possible Hits –
2-5 CCH Records matched
Compare results to determine if there is a match
When a match is found
Then use QR inquiry by (SID)

More Than Five Possible Hits –
Request a manual search
Matched more than five records
Use transaction ‘MCCH’ for a manual search
No match is possible

TCIC CCH
Complete Record Not Computerized –
Request manual search - “MCCH’
matched 1 record but not completely computerized
When CHR were converted – only ones were:
most active records
Identification information became completely computerized
the less active records were not
fingerprint cards of poor quality with no classification remained out of the system 

Keep in mind that a CCH record is
only current upon receipt
This is a real-time system and records are constantly being updated and can change at any time

Remember
Will also return:
NCIC WP records – then run QW
NCIC Convicted Sexual Offender Registry – then run QXS
subject’s SID to be flagged as deceased by the state
Records can be deleted either permanently
entered in error
or subject reached 99 yoa
Or temporarily
“Record No Longer on File”
Contact the FBI Expedite Section at (304) 625-2222 to see if
the record still exists
available for dissemination

NCIC Responses to ‘QH’
No record response – doesn’t mean there was no record
III records will include Persons:
W/ FBI record born in 1956 or later
Persons born prior to 1956 whose first arrest fingerprint card was submitted to the FBI on July 1, 1974, or later
Numerous older records
If an agency receives a no record response:
can send a fingerprint submission to the FBI
there may be records at the local or state level that are not on file w/ FBI

COMMON CCH PURPOSE (PUR) CODES
IN ADDITION TO THE REQUIRED INFORMATION, AT LEAST ONE OR MORE OF THE FOLLOWING IS NEEDED:

NAM (NAME)
DOB (DATE OF BIRTH)
SEX
RAC (RACE)
SOC (SOCIAL SECURITY NUMBER)
MNU (MISCELLANEOUS NUMBER)
SID (STATE IDENTIFYING NUMBER)
FBI (FBI NUMBER)
Only authorized criminal justice personnel may receive criminal history record information

CHRI Dissemination
Corrections Officer
District/County prosecutors and Magistrates
Federal Law Enforcement Agents
Peace Officers
Probation/Parole Officers

Authorized
Not Authorized
Defense Attorneys (w/o court order)
Military Recruiters
News Media
Private Citizens/Employees
Occurs when a CHRI is released to an authorized source outside the requesting agency
All secondary dissemination
Must be logged
If REQ/ATN properly identifies the requester and agency name then no need to log manually
(it is optional, but recommended)
Manual log maintained at least 12 months

Secondary Dissemination
Any electronic device that uses wireless or radio technology to broadcast or transmit data may be used for the transmission of CHI When the officer:
Determines there is an immediate need
To further an investigation
Situations that affect the safety of the officers
Or the Safety of General Public

TXDPS allows the use of wireless transmissions
as long as a fire wall has been established to allow
this information to be securely transmitted to
MDT’s, laptops or other devices.

Broadcasting Criminal History Information
Fax is not connected to CJIS system it may be used if:
Both agencies authorized and have an NCIC ORI number
Sender notifies receiver prior to transmission
Ensures proper retrieval of info and serves to verify the receiving agency

Faxing is allowed
DPS CRS can disseminate CHRI to the person who is the subject of record
Agencies receiving such requests from citizens should:
direct to CRS CH Inquiry Unit at 512-424-5079
There is a fee charged for this service

Shall be stored in a secure environment
Only when key elements of the case
Info is confidential
Subject to restrictions regarding use & dissemination
Storage
Destruction
When record is no longer needed
DPS recognizes two acceptable methods:
Shredding
Incineration
A person commits an offense if the person knowingly or intentionally obtains criminal history record information in an unauthorized manner, uses the information for an unauthorized purpose or discloses the information to a person who is not entitled to the information.
Violates a rule of the department adopted under this subchapter:
Class B misdemeanor
If someone obtains, uses, or discloses criminal history record information for remuneration or promise of remuneration or employs another person to do so....
2nd Degree Felony
What kind of bird doesnt fly?
“The Privacy Act of 1974 requires the FBI to maintain an audit trail of the purpose of each disclosure of a criminal history record and the recipient of that record.”
Summary
Full transcript