Access is defined as physical access: The ability to receive, view, or discuss the Criminal History Record Information (CHRI) regardless of retrieval method

“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

Access and Dissemination BureauAudit and Training Unit


Who Has Access to NCJ-CHRI?

Activity Providers {Volunteers Only}

Child Watch ProgramsCities {Applicants for Employment and

Licensing}

Counties {Applicants for Employment and Licensing}

Fire Departments: Municipal and Volunteer

Higher EducationHome Health AgenciesHospitals / Hospital Districts

In-Home Service / Residential Delivery Companies

Housing Authorities {Tenants Only}

Nursing HomesSafe HousesSchools: {Public / Private / Charter} and

School ContractorsState AgenciesTollway AuthoritiesVolunteer Centers

Provided by Legislative Statute in Texas Gov’t. Code 411

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

ACCESS

CJIS Security Policy

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.

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

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.

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 CHRIStrictly 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

After processing, prints and forms are matched and sent to Imaging for archival.

ARREST EVENT:

Law enforcement has 7 days to forward fingerprint card and white

copy of the CR-43 to the Department.

PROSECUTION:

Prosecutor determines whether or not to accept case and has 30 days to forward the yellow copy of the CR-43 to the Department.

COURT:

Court has 30 days to provide the case disposition to the Department by forwarding the

pink copy of the CR-43.

CJIS Data submitted on paper is received in the DPS mailroom, where it is date stamped and forwarded to Data Entry.

If the form has no errors, it is processed into CCH by Data Entry and sent to QAU (Quality Assurance Unit).

*************************************************** If the form has errors, it is sent to the CJIS Field Support Unit for return to the agency.

QAU separates the prints from the form and If the prints are of acceptable quality, sends the prints to AFIS for processing into CCH.

****************************************************If the print quality is unacceptable, the prints are sent to the CJIS Field Support Unit for return to the agency.

The form/CR-45 is returned to the agency for correction and resubmission to the DPS.

Documents are shredded.

Data from the error is entered into an error tracking database in the CJIS Unit.

Allows each agency to

manage the security of

the database by knowing

who has permissions

to logon.

Expands information

parameters for use.

Name SearchedPossible 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☼ [email protected]

• Error Resolution (Record Discrepancies)☼ (512) 424-7256☼ [email protected]

Audit and Training (Access and Dissemination Bureau)☼ (512) 424-7364☼ [email protected]


DPS