4.1.9p.sr1 – SRTC Procedure: Applicant Privacy Rights Notification Policy Criminal Justice Agency and Governmental Non-Criminal Justice Agency

I. PURPOSE

This procedure shall serve as Southern Regional Technical College’s applicant notification policy for information derived from the Georgia Crime Information Center (GCIC) Criminal Justice Information System (CJIS) Network.

II. RELATED AUTHORITY

TCSG Procedure 4.1.9p. Background Investigations
Rules of the Georgia Crime Information Center Council 15 U. S. C.

III. ATTACHMENTS

Attachment 4.1.9p.sr1.a1. Applicant Privacy Rights and Privacy Act Statement
Attachment 4.1.9p.sr1.a2. Applicant Privacy Rights Signature Form

IV. PROCEDURE

Notification:

The Southern Regional Technical College Police Department conducts or requests fingerprint-based background checks for criminal justice employment through GCIC. Prior to fingerprinting, individuals must complete an application and receive a copy of the Applicant Privacy Rights and the Privacy Act Statement. The Applicant Privacy Rights and Privacy Act Statement are provided to the criminal justice applicant as part of the application packet; OR at the time of fingerprinting. After reviewing the Applicant Privacy Rights and the Privacy Act Statement, the applicant will sign the Applicant Privacy Rights Notification Signature Form stating the notification was received. The agency will maintain the signed document for the duration of the audit cycle, no less than three years.

Record Challenge/Correction:

Applicants choosing to challenge the accuracy of the criminal history record or needing to correct or update a record will be given thirty days to do so. The procedures for challenging an FBI record are set forth in 28 CFR 16.30 through 16.34 and the procedures for challenging a Georgia record can be found on the GBI website. The applicants will be given a copy of the fingerprint-based criminal history record if requested.

Appeal Process:

The applicant is provided an opportunity to appeal an adverse decision based on the criminal history record information contained in the fingerprint-based background check. The procedures for the appeal process are as follows:

Applicants will be directed to contact and send their challenge to the agency that contributed the questioned information.
If the disputed arrest occurred in the State of Georgia, they may send their challenge directly to the GCIC. Contact information for the GCIC can be found at https://gbi.georgia.gov/services/obtaining-criminal-history-recordinformation-frequently-asked-questions
Alternatively, they may send their challenge directly to the FBI by submitting a request via https://www.edo.cjis.gov. The FBI will then forward their challenge to the agency that contributed the questioned information and request the agency to verify or correct the challenge entry. Upon receipt of an official communication from that agency, the FBI will make any necessary changes/corrections to the applicant’s record in accordance with the information supplied by that agency. (See 28 CFR 16.30 through 16.34.)
If an applicant wishes to appeal an adverse decision based on fingerprint-based Criminal History Record Information (CHRI), the appeal must be submitted in writing to the Chief of Police or the Vice President for Human Resources within 7 days of receiving notification of the decision.
An applicant appealing a decision based on finger-print based CHRI who wishes to submit supporting documentation to complete or correct the CHRI must provide that documentation to the Chief of Police or the Vice President for Human Resources within 30 days of receiving notification.
The supporting documentation will be reviewed, and a final decision will be made within 30 days. The applicant will be notified in writing.

V. RECORD RETENTION
All records will be retained for three (3) years.

Responsibility:
The Chief of Police has the overall responsibility for ensuring this procedure is implemented.

Status:
Adopted: 9/30/2024