§41106 Reviews of criminal records of applicants for private security officer employment

Summary

Lets employers who hire private security officers ask the State to run FBI criminal-record checks on job applicants and current employees, as long as the employer is authorized under rules from the Attorney General. Employers must get the worker’s written permission and must give the worker confidential access to any results. If the State has no rule for security-worker qualifications, it will tell the employer if the worker was convicted of a felony, convicted of a dishonesty or false-statement offense in the past 10 years, convicted of using or trying to use physical force in the past 10 years, or charged with a felony with no resolution in the previous 365 days. If the State has its own qualification rules, the State will apply those rules and tell the employer the outcome. Employers may request a check only once every 12 months of continuous employment unless there is good cause for more checks. The Attorney General had to write rules within 180 days after December 17, 2004, about privacy, security, accuracy, how records are handled, who can be an authorized employer, and reasonable fees. Anyone who knowingly uses the information for another purpose can be fined under title 18 of the U.S. Code, jailed for not more than 2 years, or both. The FBI Director may set fees to cover processing and automation costs; fees go to pay those costs. States can also charge a reasonable fee or choose not to take part by passing a law or issuing a governor’s order. Definitions (one line each): employee — a current worker or job applicant; authorized employer — an employer that hires private security and is allowed by Attorney General rules to request checks; private security officer — a non‑government person whose main job is security (some jobs like internal audit, electronic security technicians/monitors, and prisoner transport are excluded); security services — acts to protect people or property (defined by Attorney General rules); State identification bureau — the State agency chosen by the Attorney General to send and receive records.