Crime Records Service Access and Dissemination Bureau Audit

Crime Records Service Access and Dissemination Bureau Audit and Training Unit “Access” is defined as physical access: The ability to receive, view, or discuss the Criminal History Record Information (CHRI) regardless of retrieval method from Texas Department of Public Safety. Crime Records Service

Who Has Access to NCJ-CHRI? Provided by Legislative Statute in Texas Gov’t. Code 411 Activity Providers {Volunteers Only} Child Watch Programs Cities {Applicants for Employment and Licensing} Counties {Applicants for Employment and Licensing} Fire Departments: Municipal and Volunteer Higher Education Home Health Agencies Hospitals / Hospital Districts In-Home Service / Residential Delivery Companies Housing Authorities {Tenants Only} Nursing Homes Safe Houses Schools: {Public / Private / Charter} and School Contractors State Agencies Tollway Authorities Volunteer Centers

Notice to Users A non-criminal justice (NCJ) entity is responsible for complying with all laws governing the entity's access to, use of, and the dissemination of criminal history record information (CHRI). State law makes it unlawful for a person to obtain confidential CHRI in an unauthorized manner, use the information for an unauthorized purpose, or disclose the information to a person not entitled to the information. State law also makes it unlawful for a NCJ entity to provide a person with a copy of the person's CHRI obtained from the Department unless authorized to do so by a specific state statute.

Notice to Users con’t Criminal sanctions are in place for the improper obtaining, use and dissemination of criminal history record information. “Access” is defined as physical access: The ability to receive, view, or discuss the Criminal History Record Information (CHRI) regardless of retrieval method from Texas Department of Public Safety

CJIS Security Policy v A non-criminal justice (NCJ) entity legislatively authorized by Chapter 411, Subchapter F of the Texas Government Code or other Texas law to receive criminal history record information (CHRI) from the Department of Public Safety (Department) may access the DPS secure databases. v All NCJ entities granted access to the DPS secure CHRI will be subject to all applicable state and federal laws, rules, regulations and policies that relate to the obtaining, use and dissemination of CHRI.

CJIS Security Policy con’t v Criminal history record information (CHRI) obtained through the DPS databases is sensitive information and must be maintained in a secure records environment to prevent the unauthorized viewing or use of the CHRI. v CHRI received from the DPS secure databases shall be used only for legislatively authorized purposes and may not be disseminated to a person that is not authorized to receive the information.

Commercial Sale of CHRI Strictly Prohibited Policy: The commercial dissemination of criminal history record information obtained through the DPS secure databases is prohibited. Commentary: The wholesale marketing of data for profit is not permitted. State law makes it a felony offense to obtain, use, or disclose, or employ another to obtain, use or disclose, criminal history record information for remuneration or for the promise of remuneration. (monetary gains)

Criminal History Record Information DPS appointed custodian of Criminal History Record Information in Texas – Lost records due to fire, flood, or purge of systems files. Uniform reporting of criminal offenses. – Development of guidelines for agency reporting. 254 Counties in Texas – All Criminal Justice entities must report to DPS in reference to arrests made. – Records held are based on names matched with fingerprints in DPS database. Other information about arrest or court event. – Details of trial, evidence and court reports are not in CHRI.

The Reporting Process

Allows each agency to manage the security of the database by knowing who has permissions to logon.

Expands information parameters for use.

Name Searched Possible Hits

Registration information for certain offenders {or those required to register each time they relocate to a new address}

Important Reading

DPS Auditing A security audit may be performed on a periodic basis by the Department for the purpose of measuring the non-criminal justice entity's compliance with the laws, rules, regulations and policies relating to the DPS databases and the criminal history record information obtained there-from. The location of all CHRI received from the DPS databases must have adequate physical security to protect against any unauthorized viewing or access to displayed/stored/printed criminal history record information at all times. Computer terminals, file cabinets or file systems used to maintain CHRI must be protected from unauthorized viewing of or access to CHRI. For example, locking of the file cabinet, locking computer terminals or locking the access to the room the files are housed are components of complying with this policy.

Contact Information Secure Website https: //secure. txdps. state. tx. us Criminal History Inquiry Unit (Secure Site User Questions) ☼ (512) 424 -2474 ☼ criminal. history@txdps. state. tx. us • Error Resolution (Record Discrepancies) ☼ (512) 424 -7256 ☼ Error. Resolution@txdps. state. tx. us Audit and Training (Access and Dissemination Bureau) ☼ (512) 424 -7364 ☼ secure_site@txdps. state. tx. us Crime Records Service