Fingerprinting
Effective Jun 11, 2021Mass. Register #1445MGL c. 6, § 167A MGL c. 6, § 172 28 CFR, Part 20Department of Criminal Justice Information Services
- (1) Fingerprints shall be submitted to the Massachusetts State Police State Identification Section
(SIS) in the following instances:
- (a) any employment background check for a position with a criminal justice agency;
- (b) any felony arrest by a law enforcement agency, as required by M.G.L. c. 263, § 1A;
- (c) any arrest for a felony violation of M.G.L. c. 94C, as required by M.G.L. c. 94C, § 45;
- (d) detentions and/or incarcerations by the Department of Correction and/or Sheriffs' Departments, including any such detentions and/or incarcerations in jails, houses of correction, or state prisons; and
- (e) any screening of a licensee or license applicant for specific categories as authorized by ordinance, bylaw, state statute, or federal law and which have been approved by the FBI.
- (2) Fingerprints may also be submitted to the SIS for misdemeanor arrests.
- (3) CJAs submitting fingerprints shall comply with DCJIS, Massachusetts State Police, and FBI policies and requirements for the specific type of fingerprint submission.
- (4) All fingerprint submissions shall include an agency-assigned OBTN formatted in the manner prescribed by the SIS.
- (5) DCJIS may audit any CJA's fingerprinting practices and procedures to ensure compliance with M.G.L. c. 263, § 1A, and 803 CMR 7.00. In connection with any such audit, a CJA is required to respond to audit questionnaires, complaints, and/or any other inquiries from DCJIS within the time period specified by DCJIS.
- (6) Fingerprints shall be treated as CJIS information for purposes of 803 CMR 7.00.