Chapter 109:5-1 Criminal Records and Electronic Monitoring Devices

109:5-1-01 Procedure for requesting criminal records.

(A) Any person may obtain information concerning the criminal record of any other person maintained at the bureau of criminal identification and investigation by submitting the following:

(1) The complete name, current address, and other identifying characteristics of the individual whose records are sought;

(2) A complete set of fingerprints of the individual whose records are sought;

(3) The signed consent of the individual whose records are sought;

(4) A business check, money order, or electronic payment in the amount of twenty-two dollars made payable to the "Treasurer of State of Ohio." Law enforcement officers as defined in division (K) of section 2901.01 of the Revised Code will be exempt from this fee.

(B) The foregoing shall be submitted to the bureau of criminal identification and investigation in one of the following ways:

(1) Through the mail to the "Bureau of Criminal Identification and Investigation, P.O. Box 365, London, Ohio 43140."

(2) Electronically in a format designated by the superintendent.

(C) "Other identifying characteristics" means date of birth, social security number, height, weight, sex, race, and nationality.

Effective: 01/01/2008
R.C. 119.032 review dates: 09/14/2007 and 01/01/2013
Promulgated Under: 119.03
Statutory Authority: 109.57(E)
Rule Amplifies: 109.57(E)
Prior Effective Dates: 9/30/84, 8/1/91, 6/1/01

109:5-1-02 Certification of electronic monitoring devices. [Rescinded].

Rescinded eff 8-16-09

109:5-1-03 Procedure for requesting and processing a search of the retained applicant fingerprint database.

(A) The bureau of criminal identification and investigation shall maintain a retained fingerprint database as defined in section 109.5721 of the Revised Code including names, addresses, and fingerprints of individuals on whom the bureau has conducted a criminal record check for the purposes of determining eligibility for employment, licensure, approval for adoption or volunteer service.

(B) An entity that is required by statute to submit fingerprints and criminal record requests pursuant to division (E) of section 109.572 of the Revised Code may elect to participate in the continuous record monitoring service. When the superintendent receives records under section 109.57 of the Revised Code that indicate an individual in the retained applicant fingerprint database has been arrested or convicted of a crime, the superintendent shall promptly notify the employer either electronically or via mail that additional arrest or conviction information is available.

(C) The employer may contact the bureau of criminal identification and investigation for detailed information regarding this notification.

(D) The superintendent of the bureau of criminal identification and investigation shall charge an initial fee of five dollars for each individual entered into the retained applicant fingerprint database and an annual fee of five dollars thereafter. The payment must be in the form of a business check, money order, or electronic payment made payable to the "Treasurer of State of Ohio."

(E) The information the superintendent of the bureau of criminal identification and investigation provides to participating entities pursuant to section 109.5721 of the Revised Code and or this rule, may only be used for purposes authorized by law.

R.C. 119.032 review dates: 12/31/2012 and 12/31/2017
Promulgated Under: 119.03
Statutory Authority: 109.5721
Rule Amplifies: 109.5721
Prior Effective Dates: 01/01/2008

109:5-1-04 Operation and maintenance of the retained applicant fingerprint database.

(A) An entity shall enroll individuals into the retained applicant fingerprint database by submitting the civilian background check authentication number or the name, date of birth and social security number of the employee or licensee.

(B) Upon receipt of the information referred to in paragraph (A) of this rule, the bureau of criminal identification and investigation shall immediately enter the information into the retained applicant fingerprint database.

(C) The participating entity is responsible for sending updated information, in an electronic format, to the bureau of criminal identification and investigation on individuals who are deceased or are no longer employed, licensed, certified or otherwise approved by that entity.

(D) Upon receipt of such information referred to in paragraph (C) of this rule, the bureau of criminal identification and investigation shall promptly delete the individual's records from the retained applicant fingerprint database.

R.C. 119.032 review dates: 12/31/2012 and 12/31/2017
Promulgated Under: 119.03
Statutory Authority: 109.5721
Rule Amplifies: 109.5721
Prior Effective Dates: 01/01/2008