CHAPTER Saf-C 5700 OPERATION OF THE CENTRAL REPOSITORY: CRIMINAL
RECORDS
Statutory Authority: RSA 106-B:14 and RSA 106-B:7, I(b)
REVISION NOTE:
Document
#6704, effective 3-3-98, renumbered the rules from Saf-P 400 to Saf-C
5700. The prior filings for former Saf-P
400 include the following documents:
#2219,
eff 12-31-82
#2876,
eff 10-12-84; EXPIRED 10-12-90
#4982,
eff 11-16-90
#5360,
eff 3-19-92
Note
that the rules in Saf-P 400 were out of effect between 10-12-90 and 11-16-90.
PART Saf-C 5701 DEFINITIONS
Saf-C 5701.01
"Administration of criminal justice” means the performance of
detection, apprehension, detention, pre-trial release, post-trial release,
prosecution, adjudication, correctional supervision, rehabilitation of accused
persons or criminal offenders, criminal identification activities and the
collection, storage, and dissemination of criminal history record information.
Source. (See Revision Note at Chapter Heading for
Saf-C 5700) #6704, eff 3-3-98, EXPIRED: 3-3-06
New. #8591, INTERIM, eff 3-24-06, EXPIRES: 9-20-06;
ss by #8651, eff 6-2-06, EXPIRED: 6-2-14
New. #11157, INTERIM, eff 8-18-16, EXPIRED:
2-14-17
New. #12132, eff 3-17-17
Saf-C 5701.02
"Conviction data" means any finding of guilty and the
subsequent disposition thereof.
Source. (See Revision Note at Chapter Heading for
Saf-C 5700) #6704, eff 3-3-98, EXPIRED: 3-3-06
New. #8591, INTERIM, eff 3-24-06, EXPIRES: 9-20-06;
ss by #8651, eff 6-2-06, EXPIRED: 6-2-14
New. #11157, INTERIM, eff 8-18-16, EXPIRED: 2-14-17
New. #12132, eff 3-17-17
Saf-C 5701.03
"Criminal record release authorization form” means the notarized
form, signed by a person who has given written authorization for the release of
his or her criminal record to another.
Source. (See Revision Note at Chapter Heading for
Saf-C 5700) #6704, eff 3-3-98, EXPIRED: 3-3-06
New. #8591, INTERIM, eff 3-24-06, EXPIRES: 9-20-06;
ss by #8651, eff 6-2-06, EXPIRED: 6-2-14
New. #11157, INTERIM, eff 8-18-16, EXPIRED:
2-14-17
New. #12132, eff 3-17-17
Saf-C 5701.04
"Criminal history record information (CHRI)” means information
collected by criminal justice agencies consisting of descriptions and notations
of arrests, detentions, indictments, information or other formal criminal
charges and any disposition arising therefrom, sentencing, correctional
supervision, and release. The term does
not include identification information such as fingerprint records to the
extent such information does not indicate involvement of the person in the
criminal justice system.
Source. (See Revision Note at Chapter Heading for
Saf-C 5700) #6704, eff 3-3-98, EXPIRED: 3-3-06
New. #8591, INTERIM, eff 3-24-06, EXPIRES: 9-20-06;
ss by #8651, eff 6-2-06, EXPIRED: 6-2-14
New. #11157, INTERIM, eff 8-18-16, EXPIRED:
2-14-17
New. #12132, eff 3-17-17
Saf-C 5701.05
"Criminal justice agency (CJA)” means:
(a) Any court except
probate court; or
(b) A state, county,
or local agency, or any subunit thereof, which performs the administration of
criminal justice pursuant to a statute or executive order.
Source. (See Revision Note at Chapter Heading for
Saf-C 5700) #6704, eff 3-3-98, EXPIRED: 3-3-06
New. #8591, INTERIM, eff 3-24-06, EXPIRES: 9-20-06;
ss by #8651, eff 6-2-06, EXPIRED: 6-2-14
New. #11157, INTERIM, eff 8-18-16, EXPIRED:
2-14-17
New. #12132, eff 3-17-17
Saf-C 5701.06
"Department” means the New Hampshire department of safety.
Source. (See Revision Note at Chapter Heading for
Saf-C 5700) #6704, eff 3-3-98, EXPIRED: 3-3-06
New. #8591, INTERIM, eff 3-24-06, EXPIRES: 9-20-06;
ss by #8651, eff 6-2-06, EXPIRED: 6-2-14
New. #11157, INTERIM, eff 8-18-16, EXPIRED:
2-14-17
New. #12132, eff 3-17-17
Saf-C 5701.07
"Director" means the director of the division of state police
of the department of safety.
Source. (See Revision Note at Chapter Heading for
Saf-C 5700) #6704, eff 3-3-98, EXPIRED: 3-3-06
New. #8591, INTERIM, eff 3-24-06, EXPIRES: 9-20-06;
ss by #8651, eff 6-2-06, EXPIRED: 6-2-14
New. #11157, INTERIM, eff 8-18-16, EXPIRED:
2-14-17
New. #12132, eff 3-17-17
Saf-C 5701.08
"Division” means the division of state police of the department of
safety.
Source. (See Revision Note at Chapter Heading for
Saf-C 5700) #6704, eff 3-3-98, EXPIRED: 3-3-06
New. #8591, INTERIM, eff 3-24-06, EXPIRES: 9-20-06;
ss by #8651, eff 6-2-06, EXPIRED: 6-2-14
New. #11157, INTERIM, eff 8-18-16, EXPIRED:
2-14-17
New. #12132, eff 3-17-17
Saf-C 5701.09
“Disposition” means “disposition” as defined in RSA 106-K:1, V.
Source. (See Revision Note at Chapter Heading for
Saf-C 5700) #6704, eff 3-3-98, EXPIRED: 3-3-06
New. #8591, INTERIM, eff 3-24-06, EXPIRES: 9-20-06;
ss by #8651, eff 6-2-06, EXPIRED: 6-2-14
New. #11157, INTERIM, eff 8-18-16, EXPIRED:
2-14-17
New. #12132, eff 3-17-17
Saf-C 5701.10
“Dissemination” means transmission of criminal history record
information to persons, law enforcement personnel, or any public or private
agency. Dissemination includes confirmation of the existence or non-existence
of CHRI.
Source. (See Revision Note at Chapter Heading for
Saf-C 5700) #6704, eff 3-3-98, EXPIRED: 3-3-06
New. #8591, INTERIM, eff 3-24-06, EXPIRES: 9-20-06;
ss by #8651, eff 6-2-06, EXPIRED: 6-2-14
New. #11157, INTERIM, eff 8-18-16, EXPIRED:
2-14-17
New. #12132, eff 3-17-17
Saf-C
5701.11 “Law enforcement personnel”
means:
(a) A sheriff or deputy sheriff of any county, a
state police officer, a constable or police officer of any city or town, an
official or employee of any jail or corrections institution, a conservation
officer, or probation or parole officer; or
(b) An individual authorized by the commissioner
to access records as part of information system design, testing,
implementation, or other related information system uses, pursuant to a
contractual relationship with the department.
Source. (See Revision Note at Chapter Heading for
Saf-C 5700) #6704, eff 3-3-98; ss by #8173, eff 9-21-04, EXPIRED: 9-21-12
New. #10208, eff 10-22-12; ss by #12132, eff
3-17-17
Saf-C
5701.12 "National Crime Prevention
and Privacy Compact" means the National Crime Prevention and Privacy
Compact pursuant to 42 U.S.C. sections 14611 - 14616, as it existed on January
1, 2002.
Source. #8173, eff 9-21-04, EXPIRED: 9-21-12
New. #10208, eff 10-22-12; ss by #12132, eff
3-17-17 (from Saf-C 5701.111)
Saf-C 5701.13
“Non-conviction data” means information indicating:
(a) An arrest
without disposition if one year has elapsed from the date of arrest and no
active prosecution of the charge is pending;
(b) That the law
enforcement agency has elected not to refer a matter to a prosecutor;
(c) That a
prosecutor has elected not to commence criminal proceedings;
(d) That proceedings
have been indefinitely postponed; or
(e) An acquittal or
dismissal.
Source. (See Revision Note at Chapter Heading for
Saf-C 5700) #6704, eff 3-3-98, EXPIRED: 3-3-06
New. #8591, INTERIM, eff 3-24-06, EXPIRES: 9-20-06;
ss by #8651, eff 6-2-06, EXPIRED: 6-2-14
New. #11157, INTERIM, eff 8-18-16, EXPIRED:
2-14-17
New. #12132, eff 3-17-17 (from Saf-C 5701.12)
PART Saf-C 5702 FORWARDING INFORMATION
Saf-C 5702.01 Notification
of Arrest. All state, local, and
county law enforcement agencies shall complete and submit arrest information on
form FD-249, “Fingerprint Card” (Rev. 3-1-10) to the central repository for
each person arrested for any felony, misdemeanor, or violation committed under
RSA title LXII.
Source. (See Revision Note at Chapter Heading for
Saf-C 5700) #6704, eff 3-3-98, EXPIRED: 3-3-06
New. #8591, INTERIM, eff 3-24-06, EXPIRES: 9-20-06;
ss by #8651, eff 6-2-06, EXPIRED: 6-2-14
New. #11157, INTERIM, eff 8-18-16, EXPIRED:
2-14-17
New. #12132, eff 3-17-17
Saf-C 5702.02 Information
Requested on FD-249 (Rev. 3-1-10).
(a) The following information
shall be included on FD-249 (Rev. 3-1-10):
(1) Last name, first name, middle initial and
suffix of person fingerprinted;
(2) Signature of person fingerprinted;
(3) Social security number;
(4) Aliases or maiden names;
(5) FBI number;
(6) State identification number;
(7) Date of birth;
(8) Sex, race, height, weight, eye color, and
hair color;
(9) An indication as to the person fingerprinted
is a juvenile and, if so, whether or not to treat as adult;
(10) Date of arrest;
(11) Place of birth;
(12) Country of citizenship;
(13) Notations regarding any scars, marks,
tattoos, and amputations;
(14) Fingerprints of each thumb and finger, taken
under the authority of RSA 106-B:13 or 593:2;
(15) The residence/complete address, including
city and state;
(16) The name or number of the official taking the
fingerprints;
(17) The local identification or reference;
(18) An indication as to whether a photograph is available and whether
palm prints are taken;
(19) The employer and occupation;
(20) The charge(s) or citation(s), including
disposition;
(21) Any additional information or basis for
caution; and
(22) The state bureau stamp.
Source. (See Revision Note at Chapter Heading for
Saf-C 5700) #6704, eff 3-3-98, EXPIRED: 3-3-06
New. #8591, INTERIM, eff 3-24-06, EXPIRES: 9-20-06;
ss by #8651, eff 6-2-06, EXPIRED: 6-2-14
New. #11157, INTERIM, eff 8-18-16, EXPIRED:
2-14-17
New. #12132, eff 3-17-17
Saf-C 5702.03 Submission.
As soon as possible but not later than
90 days after arrest, all law enforcement agencies shall submit completed
arrest information cards, FD-249 and final disposition sheets to the:
Department of Safety
Division of State Police
Criminal Repository
33 Hazen Drive
Concord, NH 03305
Source. (See Revision Note at Chapter Heading for
Saf-C 5700) #6704, eff 3-3-98, EXPIRED: 3-3-06
New. #8591, INTERIM, eff 3-24-06, EXPIRES: 9-20-06;
ss by #8651, eff 6-2-06, EXPIRED: 6-2-14
New. #11157, INTERIM, eff 8-18-16, EXPIRED:
2-14-17
New. #12132, eff 3-17-17
Saf-C 5702.04 Notification
of Disposition.
(a) The clerks of
circuit and superior courts shall report the plea, court disposition, and the
sentence imposed, if any, or any subsequent modification of the original
sentence, of any person brought before the court on a felony, misdemeanor, or
violation charge pursuant to RSA 106-B:14, I to the central repository as soon
as possible, but not later than 90 days after the case has been disposed of.
(b) The report
shall:
(1) Be on a certified abstract of finding, or a
reasonable facsimile thereof, and
(2) Contain at a minimum, the:
a. Name, address, and date of birth of each
defendant;
b. Date of offense;
c. Name of offense;
d. Track number;
e. Statutory citation for which the defendant
was originally charged;
f. Any subsequent modification thereof;
g. The court, date of sentence, the plea, court
disposition, and sentence, if any; or
h. Any subsequent modification of the original
sentence.
Source. (See Revision Note at Chapter Heading for
Saf-C 5700) #6704, eff 3-3-98, EXPIRED: 3-3-06
New. #8591, INTERIM, eff 3-24-06, EXPIRES: 9-20-06;
ss by #8651, eff 6-2-06, EXPIRED: 6-2-14
New. #11157, INTERIM, eff 8-18-16, EXPIRED:
2-14-17
New. #12132, eff 3-17-17
PART Saf-C 5703 SECURITY OF CRIMINAL HISTORY RECORD
INFORMATION
Saf-C 5703.01 Limits
for Reporting.
(a) All CJAs shall
report all arrests for felonies, misdemeanors, and violations committed under
RSA title LXII and all dispositions to the central repository within 90 days of
the occurrence, for inclusion on the master history record.
(b) All CJAs shall
notify the central repository of the final disposition of all arrests within 90
days of the finding.
Source. (See Revision Note at Chapter Heading for
Saf-C 5700) #6704, eff 3-3-98, EXPIRED: 3-3-06
New. #8591, INTERIM, eff 3-24-06, EXPIRES: 9-20-06;
ss by #8651, eff 6-2-06, EXPIRED: 6-2-14
New. #11157, INTERIM, eff 8-18-16, EXPIRED:
2-14-17
New. #12132, eff 3-17-17
Saf-C 5703.02 Audit
Procedures. CHRI shall be reviewed
by the director or his designee for completeness and accuracy when it is:
(a) Processed by
state police;
(b) Received or
disseminated by state police;
(c) Updated by a
disposition entry;
(d) Challenged by a
person; or
(e) Automated by
computer.
Source. (See Revision Note at Chapter Heading for
Saf-C 5700) #6704, eff 3-3-98, EXPIRED: 3-3-06
New. #8591, INTERIM, eff 3-24-06, EXPIRES: 9-20-06;
ss by #8651, eff 6-2-06, EXPIRED: 6-2-14
New. #11157, INTERIM, eff 8-18-16, EXPIRED:
2-14-17
New. #12132, eff 3-17-17
Saf-C 5703.03 Correction
and Reporting. Information found to
be inaccurate as a result of these audit procedures shall be corrected and
reported to all CJAs known to have received the information.
Source. (See Revision Note at Chapter Heading for
Saf-C 5700) #6704, eff 3-3-98, EXPIRED: 3-3-06
New. #8591, INTERIM, eff 3-24-06, EXPIRES: 9-20-06;
ss by #8651, eff 6-2-06, EXPIRED: 6-2-14
New. #11157, INTERIM, eff 8-18-16, EXPIRED:
2-14-17
New. #12132, eff 3-17-17
Saf-C 5703.04 Dissemination
of Criminal History Record Information.
CHRI maintained in the central repository shall be disseminated only to
persons or agencies specified in RSA 106-B:14, I(a)-(e).
Source. (See Revision Note at Chapter Heading for
Saf-C 5700) #6704, eff 3-3-98, EXPIRED: 3-3-06
New. #8591, INTERIM, eff 3-24-06, EXPIRES: 9-20-06;
ss by #8651, eff 6-2-06, EXPIRED: 6-2-14
New. #11157, INTERIM, eff 8-18-16, EXPIRED:
2-14-17
New. #12132, eff 3-17-17
Saf-C 5703.05 Dissemination
of Non-Conviction Data.
Non-conviction data shall be disseminated only to:
(a) Law enforcement
personnel; or
(b) A person
requesting his or her own record.
Source. (See Revision Note at Chapter Heading for
Saf-C 5700) #6704, eff 3-3-98, EXPIRED: 3-3-06
New. #8591, INTERIM, eff 3-24-06, EXPIRES: 9-20-06;
ss by #8651, eff 6-2-06, EXPIRED: 6-2-14
New. #11157, INTERIM, eff 8-18-16, EXPIRED:
2-14-17
New. #12132, eff 3-17-17
Saf-C 5703.06 Criminal
Record Check Fee.
(a) The cost of a
criminal record check shall be $25.00 unless Saf-C 5703.07 applies.
(b) The $25.00 fee
shall be charged regardless of whether the inquiry results in a criminal record
or information indicating there is not a criminal record.
Source. (See Revision Note at Chapter Heading for
Saf-C 5700) #6704, eff 3-3-98; ss by #8173, eff 9-21-04; ss by #9329, eff
11-21-08, EXPIRED: 11-21-16
New. #12132, eff 3-17-17
Saf-C 5703.07 Fee
Exemption.
(a) The $25.00
criminal record check fee shall not be charged if a record is requested for
investigative purposes by an individual representing:
(1) A CJA;
(2) Law enforcement personnel;
(3) The Department of Defense; or
(4) The Internal Revenue Service.
(b) The secretary of
state shall be exempt from paying the $25.00 fee if criminal record release
authorization forms are submitted for justice of the peace and notary public
applicants.
(c) Volunteers for
public or private not-for-profit agencies that provide services to the elderly,
the disabled or children shall be charged $10.00 for each criminal record check
requested.
Source. (See Revision Note at Chapter Heading for
Saf-C 5700) #6704, eff 3-3-98; ss by #7628, eff 1-23-02; ss by #8173, eff
9-21-04; ss by #9329, eff 11-21-08, EXPIRED: 11-21-16
New. #12132, eff 3-17-17
Saf-C
5703.08 Procedure for A Person to
Obtain His or Her Criminal History Record Information.
(a) A person requesting his or her CHRI shall
appear at the central repository or request it in writing by completing and
submitting the criminal record release
authorization form, DSSP 256 ‘Criminal History Record Information Request
Form’, effective July 15, 2016.
(b) A person who appears at the central
repository shall be required to complete and
submit section I of DSSP 256, ‘Criminal History Record Information Request
Form’, effective July 15, 2016.
(c) A person who mails a request for the release
of his or her CHRI shall complete and submit both sections I and II of DSSP 256
‘Criminal Record Information Request Form’, effective July 15, 2016.
(d) A request by mail shall be addressed to:
Department of Safety
Division of State Police
Criminal Record Repository
33 Hazen Drive
Concord, NH
03305
Source. (See Revision Note at Chapter Heading for
Saf-C 5700) #6704, eff 3-3-98, EXPIRED: 3-3-06
New. #8591, INTERIM, eff 3-24-06, EXPIRES: 9-20-06;
ss by #8651, eff 6-2-06; ss by #10208, eff 10-22-12; ss by #12132, eff 3-17-17
Saf-C 5703.09 Release
of a Person’s Criminal History Record Information.
(a) A person who
requests his or her CHRI shall receive a copy of his or her own criminal
conviction records after complying with Saf-C 5703.08 and paying $25.00 for the
record check.
(b) Notwithstanding
(a) above, a person shall receive a copy of his or her own criminal conviction and arrest
records after complying with Saf-C 5703.08, paying $25.00 for the record check,
and indicating specifically on the authorization form that the person wants his
or her criminal arrest records.
Source. (See Revision Note at Chapter Heading for
Saf-C 5700) #6704, eff 3-3-98; ss by #8173, eff 9-21-04; ss by #9329, eff
11-21-08, EXPIRED: 11-21-16
New.
#12132, eff 3-17-17
Saf-C 5703.10 Procedure
for Any Person or Any Public or Private Agency to Request and Receive a Copy of
the Criminal Conviction Record of Another.
(a) To obtain a
criminal conviction record of another, the requestor shall present a completed
criminal conviction record release authorization form to the central
repository, as specified in Saf-C 5703.11, in person or by mail.
(b) The criminal
conviction record release authorization form utilized shall be as follows:
Table 5700-1 Criminal
History Record Information Release Authorization Forms
Form Number |
Title |
How to Obtain: |
DSSP 256 |
Criminal History
Record Information Request Form (eff. 7/15/16) |
Department of Safety Division of State
Police – Criminal Records Unit (603) 223-3867 33 Hazen Drive Concord, NH 03305 |
DSSP 371 |
DHHS/DCYF Relative
Criminal Check Only (eff. 7/15/16) |
www.dhhs.nh.gov Divisions/Offices;
Division for Children, Youth and Families – Foster Care and Adoption (603) 271-4440 129 Pleasant Street,
Concord, NH 03301 |
DSSP 372 |
License Exempt Child
Care Form NH RSA 170-E:3-a (eff. 10/1/16) |
www.dhhs.nh.gov Divisions/Offices;
Office of Operations Support – Child Care Licensing Unit (603) 271-9025 129 Pleasant Street,
Concord, NH 03301 |
DSSP 373 |
Applicants to
Practice Medicine NH RSA 329:11-a (eff. 10/1/16) |
Office of
Professional Licensure and Certification – Division of Health Professionals
(603) 271-4728, 121 South Fruit Street, Suite 301, Concord, NH 03301 |
DSSP 374 |
Applicants to
Physician Assistants RSA 328-d:3-a (eff. 10/1/16) |
Office of
Professional Licensure and Certification – Division of Health Professionals
(603) 271-4728, 121 South Fruit Street, Suite 301, Concord, NH 03301 |
DSSP 375 |
BDS Area Agencies or
Community Mental Health Centers (eff. 7/15/16) |
www.dhhs.nh.gov Divisions/Offices;
Division of Community Based Care Services – Bureau of Behavioral Health (603) 271-5007 105 Pleasant Street,
Concord, NH 03301 |
DSSP 376 |
TANF Requests for
Child Care Form NH RSA 170-E:7, II (eff. 7/15/16) |
www.dhhs.nh.gov Divisions/Offices;
Division of Family Assistance – Temporary Assistance for Needy Families (603) 271-9700 129 Pleasant Street,
Concord, NH 03301 |
DSSP 377 |
New Applicant –
Adoptive Parents Form NH RSA 170-B:18 (eff. 10/1/16) |
www.dhhs.nh.gov Divisions/Offices;
Division for Children, Youth and Families – Foster Care and Adoption (603) 271-4440 129 Pleasant Street, Concord,
NH 03301 |
DSSP 378 |
Background Check
Request of Alcohol and Other Drug Use Counselors NH RSA 330-C (eff. 10/1/16) |
Office of
Professional Licensure and Certification – Division of Health Professionals
(603) 271-6761, 121 South Fruit Street, Concord, NH 03301 |
DSSP 380 |
Driver Education
Instructors NH RSA 263:44-b, II (eff. 10/1/16) |
Department of Safety Division of Motor
Vehicles – Driver Education (603) 227-4075 23 Hazen Drive Concord, NH 03305 |
DSSP 381 |
Child Day Care NH
RSA 170-E:7, II – Child Care Institutions RSA 170-E:29-a:II (eff. 02/20/15) |
www.dhhs.nh.gov Divisions/Offices;
Office of Operations Support – Child Care Licensing Unit (603) 271-9025 129 Pleasant Street,
Concord, NH 03301 |
Form Number |
Title |
How to Obtain: |
DSSP 382 |
School
Employee/Volunteer Criminal History Record Check RSA 189:13-a (eff. 10/1/16) |
Department of Safety Division of State
Police – Criminal Records Unit (603) 223-3867 33 Hazen Drive Concord, NH 03305 |
DSSP 383 |
County Employee
Criminal History Background Check NH RSA 28:10-c (eff. 10/1/16) |
Counties Select Specific
County |
DSSP 384 |
DCYF Personnel (eff. 7/15/16) |
www.dhhs.nh.gov Divisions/Offices;
Office of the Commissioner – Human Resources
(603) 271-9344 129 Pleasant Street, Concord, NH 03301 |
DSSP 385 |
DHHS Area Agencies (eff. 7/15/16) |
www.dhhs.nh.gov Divisions/Offices;
Division of Community Based Care Services – Bureau of Developmental Services (603) 271-5133, 105 Pleasant Street,
Concord, NH 03301 |
DSSP 386 |
Department of Safety
Employees NH RSA 21-P:15-c (7/15/16) |
Department of Safety Division of
Administration (603) 223-8000 33 Hazen Drive Concord, NH 03305 |
DSSP 387 |
Board of Nursing NH
RSA 326-b:15 (eff. 10/1/16) |
Office of
Professional Licensure and Certification – Division of Health Professionals
(603) 271-2323, 121 South Fruit Street, Concord, NH 03301 |
DSSP 388 |
Renewal – Foster
Parents Form NH RSA 170-E:29 (eff. 7/15/16) |
www.dhhs.nh.gov Divisions/Offices;
Division for Children, Youth and Families – Foster Care and Adoption (603) 271-4440 129 Pleasant Street,
Concord, NH 03301 |
DSSP 389 |
New Applicant –
Foster Parents Form NH RSA 170-E:29 (eff. 7/15/16) |
www.dhhs.nh.gov Divisions/Offices;
Division for Children, Youth and Families – Foster Care and Adoption (603) 271-4440 129 Pleasant Street,
Concord, NH 03301 |
DSSP 390 |
Hawkers, Peddlers,
and Vendors Background Checks RSA 31:102-a & b (eff. 10/1/16) |
Select Specific
Municipality |
DSSP 391 |
Municipal
Employee/Volunteer Candidate Background Checks NH RSA 41:9-b (eff. 10/1/16) |
Select Specific
Municipality |
DSSP 392 |
Licensing of Game
Operators NH RSA 287-D:12 (eff. 10/1/16) |
(603)271-3391 14 Integra Drive,
Concord, NH 03301 |
Form Number |
Title |
How to Obtain: |
DSSP 393 |
Real Estate
Appraisers Board NH RSA 310-B:6-a (eff. 10/1/16) |
Office of
Professional Licensure and Certification – Division of Technical Professions
(603) 271-2219, 121 South Fruit Street, Concord, NH 03301 |
DSSP 394 |
Serve America Act
Employees or Volunteers (eff. 10/1/16) |
Provided to
Applicant by Specific Employer |
DSSP 406 |
Renewal – Adoptive
Parents Form NH RSA 170-E:29 (eff. 7/15/16) |
www.dhhs.nh.gov Divisions/Offices;
Division for Children, Youth and Families – Foster Care and Adoption (603) 271-4440 129 Pleasant Street,
Concord, NH 03301 |
DSSP 407 |
Child Day Care RSA
170-E:7, II–Child Care Institutions
RSA 170-E:29-a, II (eff. 7/15/16) |
www.dhhs.nh.gov Divisions/Offices;
Office of Operations Support – Child Care Licensing Unit (603) 271-9025 129 Pleasant Street,
Concord, NH 03301 |
DSSP 408 |
Consumer Reporting
Agency (eff. 7/15/16) |
Provided to
Applicant by Specific Employer |
DSSP 409 |
DCYF
Intern/Volunteer Criminal Check Only (eff. 7/15/16) |
www.dhhs.nh.gov Divisions/Offices;
Division for Children, Youth and Families – Foster Care and Adoption (603) 271-4440 129 Pleasant Street,
Concord, NH 03301 |
DSSP 410 |
DHHS-DCYF Behavioral
Health Provider (eff. 7/15/16) |
www.dhhs.nh.gov Divisions/Offices;
Division of Community Based Care Services – Bureau of Behavioral Health (603) 271-5007 105 Pleasant Street,
Concord, NH 03301 |
DSSP 411 |
DHHS Bureau of Behavioral
Health (eff. 7/15/16) |
www.dhhs.nh.gov Divisions/Offices;
Division of Community Based Care Services – Bureau of Behavioral Health (603) 271-5007 105 Pleasant Street,
Concord, NH 03301 |
DSSP 412 |
Applicants for
Initial Registration/Reinstatement as A Medical Technician RSA 328-I:7 (eff.
10/1/16) |
Office of
Professional Licensure and Certification – Division of Health Professionals
(603) 271-8389, 121 South Fruit Street, Concord, NH 03301 |
DSSP 413 |
PL 108-79 Federal
Prison Rape Elimination Act (PREA) [Contractor] (eff. 7/15/16) |
www.dhhs.nh.gov Divisions/Offices;
Division for Children, Youth and Families – Foster Care and Adoption (603) 271-4440 129 Pleasant Street,
Concord, NH 03301 |
DSSP 414 |
PL 108-79 Federal
Prison Rape Elimination Act (PREA) [Staff] (eff. 7/15/16) |
www.dhhs.nh.gov Divisions/Offices;
Division for Children, Youth and Families – Foster Care and Adoption (603) 271-4440 129 Pleasant Street,
Concord, NH 03301 |
DSSP 415 |
Therapeutic Cannabis
Program RSA 126-X:4, 8 (eff. 10/1/16) |
www.dhhs.nh.gov Divisions/Offices;
Office of Operations Support – Therapeutic Cannabis Program (603) 271-9234 129 Pleasant Street,
Concord, NH 03301 |
DSSP 416 |
DHHS/DCYF
Transportation and Child In Home Care (eff. 7/15/16) |
www.dhhs.nh.gov Divisions/Offices;
Division for Children, Youth and Families – Child Development (603) 271-4242, 129 Pleasant Street,
Concord, NH 03301 |
DSSP 417 |
New Hampshire
Medicaid Program (eff. 10/1/16) |
www.dhhs.nh.gov Divisions/Offices; Office of Improvement
and Integrity – Program Integrity Unit
(603) 271-4344 129 Pleasant
Street, Concord, NH 03301 |
Form Number |
Title |
How to Obtain: |
DSSP 419 |
NH Banking
Department/Banking Division (eff. 10/1/16) |
(603) 271-3561 53 Regional Drive,
Suite 200, Concord, NH 03301 |
DSSP 420 |
Nursing Home
Administrators NH RSA 151-A:6-a (eff. 10/1/16) |
Office of
Professional Licensure and Certification – Division of Health Professionals
(603) 271-4728, 121 South Fruit Street, Suite 301, Concord, NH 03301 |
DSSP 421 |
Emergency Medical
and Trauma Services NH RSA 153-A:10-a (eff. 10/1/16) |
Department of Safety Division of Fire
Standards and Training- Bureau of Emergency Medical Services (603) 223-4200 98 Smokey Bear Blvd Concord, NH 03301 |
DSSP 422 |
NH Department of
Revenue Employee Candidate Background Checks RSA 21-J:3-a (eff. 10/1/16) |
(603) 230-5000 109 Pleasant Street,
Concord, NH 03301 |
DSSP 424 |
New Hampshire
Banking Department/Consumer Credit (eff. 10/1/16) |
(603) 271-8675 53 Regional Drive,
Suite 200, Concord, NH 03301 |
DSSP 425 |
Games of Chance
Facility License NH RSA 287-D:8, VII (eff. 10/1/16) |
(603)271-3391 14 Integra Drive,
Concord, NH 03301 |
DSSP 426 |
NH Banking
Department Employees RSA 383:7 (eff. 10/1/16) |
(603) 271-3561 53 Regional Drive,
Suite 200, Concord, NH 03301 |
DSSP 427 |
Foster/Adoptive
Adult Household Member Form NH RSA 170-E:29 (eff. 7/15/16) |
www.dhhs.nh.gov Divisions/Offices;
Division for Children, Youth and Families – Foster Care and Adoption (603) 271-4440 129 Pleasant Street,
Concord, NH 03301 |
(c) In addition to
the criminal conviction record release authorization form, $25.00 shall be
included for the record check.
(d) On receipt of a
completed criminal conviction record release authorization form and $25.00, a
copy of the requested criminal conviction record shall be given or sent to the
requestor.
Source. (See Revision Note at Chapter Heading for
Saf-C 5700) #6704, eff 3-3-98; amd by #8173, eff 9-21-04; amd by #8591,
INTERIM, eff 3-24-06, EXPIRES: 9-20-06; ss by #8651, eff 6-2-06; ss by #9329,
eff 11-21-08, EXPIRED: 11-21-16
New.
#12132, eff 3-17-17
Saf-C 5703.11 Authorization
for Release of Criminal Conviction Record.
(a) The following
shall be provided by the person authorizing release of his or her criminal
conviction record:
(1) Name, including any alias, and address;
(2) Date of birth;
(3) Driver license number and state, if licensed;
(4) Eye, hair color, and sex;
(5) Use for the record;
(6) Name of person or agency authorized to
receive record;
(7) Address of person or agency authorized to
receive record;
(8) Signature and date signed by person
authorizing release of his or her criminal conviction record; and
(9) Signature and seal of a notary public or
signature of a justice of the peace and date.
(b) The requestor
shall provide the following:
(1) Signature and printed name of requestor or
person acting on behalf of agency; and
(2) Date.
Source. (See Revision Note at Chapter Heading for
Saf-C 5700) #6704, eff 3-3-98; amd by #8173, eff 9-21-04; amd by #8591,
INTERIM, eff 3-24-06, EXPIRES: 9-20-06; ss by #8651, eff 6-2-06, EXPIRED:
6-2-14
New. #11157, INTERIM, eff 8-18-16, EXPIRED:
2-14-17
New.
#12132, eff 3-17-17
Saf-C 5703.12 Procedure
for Correcting a CHRI.
(a) Persons or their
attorneys desiring access to their CHRI for the purpose of challenge or
correction shall appear at the central repository.
(b) A copy shall be
provided to a person if after review he or she indicates he or she needs the
copy to pursue the challenge.
(c) Any person
making a challenge shall identify that portion of his/her CHRI which he or she
believes to be inaccurate or incorrect, and shall also give a correct version
of his or her record with an explanation of the reason that he or she believes
his/her version to be correct.
(d) The director shall
take the following actions within 30 days of receipt of challenge:
(1) Review the records and contact the law
enforcement agency or court which submitted the record to compare the
information to determine whether the challenge is valid;
(2) If the challenge is valid, which means there
is a discrepancy between the information submitted and the information
maintained by the law enforcement agency or court, the record shall be
corrected and the person and appropriate CJAs shall be notified; and
(3) If the challenge is invalid, the person shall
be so informed.
(e) When a record
has been corrected, the division shall notify all non-criminal justice
agencies, to whom the data has been disseminated in the last year, of the
correction.
(f) The person shall
be entitled to review the information that records the facts, dates, and
results of each formal stage of the criminal justice process through which he
passes, to ensure that all such steps are completely and accurately recorded.
Source. (See Revision Note at Chapter Heading for
Saf-C 5700) #6704, eff 3-3-98; amd by #8591, INTERIM, eff -24-06, EXPIRES:
9-20-06; ss by #8651, eff 6-2-06, EXPIRED: 6-2-14
New. #11157, INTERIM, eff 8-18-16, EXPIRED:
2-14-17
New. #12132, eff 3-17-17
Saf-C
5703.13 Fingerprint Processing Fee. In addition to any other fees set forth by
law or this chapter, the division shall charge an individual a fee of $10.00
for the electronic capture of fingerprint impressions, if required for a
criminal record check.
Source. #9396, eff 2-24-09, EXPIRED: 2-24-17
New. #12132, eff 3-17-17
PART Saf-C 5704 PROCEDURE FOR CONTRACTED SCHOOL
TRANSPORTATION PROVIDER TO REQUEST CRIMINAL HISTORY RECORD
Saf-C 5704.01 Purpose. The purpose of this section is to facilitate
the criminal history records check of private school transportation providers
as required pursuant to RSA 189:13-a, to one or more contracting public school
district, chartered public school, or public academy.
Source. #12606, eff 8-17-18
Saf-C 5704.02 Scope.
These rules shall apply to private school transportation providers and
the public school administrative units, school districts, public chartered
schools, or public academies in New Hampshire that hire them.
Source. #12606, eff 8-17-18
Saf-C 5704.03 Definitions. For the purposes of this part, the following
terms shall be defined as follows:
(a)
“School transportation provider” means a school bus driver or monitor
employed by a school bus transportation agency contracting with a public school
administrative unit, school district, chartered public school, or public
academy, to provide transportation services for children;
(b)
“School” means a public school administrative unit, school district,
chartered public school, or public academy that has been approved by the New
Hampshire state board of education; and
(c)
“School bus transportation agency” means a private school bus company
contracting with a public school to provide drivers and monitors for the
transport and supervision of school children.
Source. #12606, eff 8-17-18
Saf-C 5704.04 Procedure for School Transportation
Provider Criminal History Record Check Request.
(a)
Notwithstanding any rule to the contrary, a school transportation
provider seeking to authorize the release of his or her criminal history record
to a superintendent or chief executive officer for the purposes of RSA
189:13-a, shall submit to the division the following:
(1) A fully
executed DSSP
434 “Contracted School Transportation Providers Criminal
History Record Release Form”, effective 8/1/18;
(2) A complete set of fingerprints pursuant to
Saf-C 5705; and
(3) All applicable fees as set forth in (b)
below.
(b)
In addition to the fees set forth in Saf-C 5703.10(c), Saf-C 5703.13,
and Saf-C 5705.06(b), a $5.00 fee shall be assessed for each listed school
superintendent or chief executive officer on DSSP 434.
Source. #12606, eff 8-17-18
Saf-C 5704.05 Release of Criminal History Record Check. Upon receipt of the information set forth in
Saf-C 5704.04(a) above, the division shall complete the criminal history record
check and submit the results to each named superintendent or chief executive
officer.
Source. #12606, eff 8-17-18
Saf-C
5704.06 Dissemination Prohibited.
(a)
The superintendent or the chief executive officer receiving the results
shall maintain the confidentiality of all criminal history records received and
shall not further disseminate the information or record to anyone else.
(b)
In accordance with RSA 189:13-a, III, the superintendent or the chief
executive officer receiving criminal history records information that contain
no criminal record shall be destroyed immediately following review of the
information. If the criminal history records information does indicate a
criminal record, the superintendent or the chief executive officer, as
applicable, shall destroy the records within 60 days of receipt of the criminal
history record.
Source. #12606, eff 8-17-18
PART Saf-C 5705
NATIONAL CRIME PREVENTION AND PRIVACY COMPACT
Saf-C 5705.01 Purpose. This part sets forth the procedure for the
dissemination of criminal history information for non-criminal justice
purposes, pursuant to the National Crime Prevention and Privacy Compact.
Source. #8173, eff 9-21-04, EXPIRED: 9-21-12
New. #10208, eff 10-22-12; ss by #12132, eff
3-17-17; renumbered by #12606 (formerly Saf-C 5704.01)
Saf-C
5705.02 Definitions. Whenever used in this part, the following
terms shall be construed as set forth below, unless different meaning is
clearly stated within the text:
(a) "Noncriminal justice purpose" means
use of criminal history records for purposes authorized by federal or state law
other than purposes relating to criminal justice activities, including
employment suitability, licensing determinations, immigration and
naturalization matters, and security clearances.
(b) "State" means any state, territory,
or possession of the United States, the District of Columbia, and the
Commonwealth of Puerto Rico.
Source. #8173, eff 9-21-04, EXPIRED: 9-21-12
New. #10208, eff 10-22-12; ss by #12132, eff
3-17-17; renumbered by #12606 (formerly Saf-C 5704.02)
Saf-C
5705.03 Positive Identification.
(a) Fingerprints of the individual whose criminal
history record is sought shall be submitted with all requests for criminal
history record checks for noncriminal justice purposes.
(b) In addition to the fees established in Saf-C
5703.06, the division shall also collect the fee as set forth in Saf-C
5704.06(b) below, involving fingerprint processing for noncriminal justice
purposes.
Source. #8173, eff 9-21-04; amd by #9329, eff
11-21-08; ss by #10208, eff 10-22-12; ss by #12132, eff 3-17-17; renumbered by
#12606 (formerly Saf-C 5704.03)
Saf-C
5705.04 Interstate Request. Each request for a criminal history record
check utilizing the national indices made under any approved state statute
shall be submitted through that state's criminal history record repository.
Source. #8173, eff 9-21-04, EXPIRED: 9-21-12
New. #10208, eff 10-22-12; ss by #12132, eff
3-17-17; renumbered by #12606 (formerly Saf-C 5704.04)
Saf-C
5705.05 Federal Agency Request. Each request for criminal history record
checks utilizing the national indices made under federal authority shall be
submitted through the FBI or, if the state criminal history record repository
consents to process fingerprint submissions, through the criminal history
record repository in the state in which the request originated.
Source. #8173, eff 9-21-04, EXPIRED: 9-21-12
New. #10208, eff 10-22-12; ss by #12132, eff
3-17-17; renumbered by #12606 (formerly Saf-C 5704.05)
Saf-C
5705.06 Fees.
(a) There shall be no fee for providing criminal
history records in response to an electronic request for a record that does not
involve a request to process fingerprints.
(b) There shall be a fee collected by the
division as the fee is established and set by the FBI, for handling a request involving
fingerprint processing for noncriminal justice purposes.
Source. #8173, eff 9-21-04; amd by #9329, eff 11-21-08;
ss by #10208, eff 10-22-12; ss by #12132, eff 3-17-17; renumbered by #12606
(formerly Saf-C 5705.06)
APPENDIX
Rule |
Specific
State Statute the Rule Implements |
|
|
Saf-C 5701.01 – Saf-C 5701.10 & 5701.13 |
RSA 541-A:7 |
Saf-C 5701.11 & Saf-C 5701.12 |
RSA 541-A:1, XV |
|
|
Saf-C 5702.01 |
RSA 106-B:14, I |
Saf-C 5702.02 |
RSA 541-A:16, I(b) |
Saf-C 5702.03 – Saf-C 5703.05 |
RSA 106-B:14, I |
|
|
Saf-C 5703.06 & Saf-C 5703.07 |
RSA 106-B:7, I(b) |
Saf-C 5703.08 |
RSA 106-B:14, I(b) |
Saf-C 5703.09 |
RSA 106-B:14, I(b) |
Saf-C 5703.10 |
RSA 106-B:14, I(c); 106-B:7, I(b) |
Saf-C 5703.10 (a) |
RSA 106-B:14, I(c) |
Saf-C 5703.10(b) |
RSA 106-B:14, I(c) & RSA 541-A:19-b |
Saf-C 5703.10 (c) & (d) |
RSA 106-B:14, I(c); 106-B:7, I(b) |
Saf-C 5703.11 |
RSA 541-A:16, I(b) |
Saf-C 5703.12 |
RSA 106-B:14, I |
Saf-C 5703.13 |
RSA 106-B:7, I(b) |
|
|
Saf-C 5704 |
RSA 106-B:7, I(b); RSA
106-B:14, I(c); RSA 189:13-a |
|
|
Saf-C 5705.01 |
RSA 106-B:14, III, 42 USC §§145611-14616 |
Saf-C 5705.02 |
RSA 541-A:1, XV, 42 USC §§145611-14616 |
Saf-C 5705.03 |
RSA 106-B:14, III, 42 USC §§145611-14616 |
Saf-C 5705.04 -& Saf-C 5705.05 |
RSA 106-B:14, III, 42 USC §§145611-14616 |
Saf-C 5705.06 |
RSA 106-B:14, III, 106-B:7, I(b), 42 USC
§§145611-14616 |