SOP 104.12: Fingerprinting Employees

|GEORGIA DEPARTMENT OF CORRECTIONS
Standard Operating Procedures|Col2|Col3|
|---|---|---|
|Policy Name:Fingerprinting Employees|Policy Name:Fingerprinting Employees|Policy Name:Fingerprinting Employees|
|Policy Number: 104.12|Effective Date: 12/11/2024|Page Number: 1 of 4|
|Authority:
Commissioner|Originating Division:
Administration Division
(Human Resources)|Access Listing:
Level I: All Access|

I. Introduction and Summary:

As a condition of employment by the Georgia Department of Corrections (GDC), all
employees of GDC, whether full-time or part-time, will be fingerprinted, either prior
to, or immediately after, hiring. Such fingerprinting may be required even though the
applicant or employee may have already undergone fingerprinting by another agency
in Georgia or elsewhere. Fingerprint record searches which indicate falsification or
withholding pertinent data applicable to employment requirements may result in denial
of employment, adverse action, and/or prosecution.

II. Authority:

A. The Privacy Act of 1974 (5 USC § 552a), as amended;

B. 28 CFR 50.12; 28 CFR 16.30 through 16.34 ;

C. O.C.G.A. § 35-3-35;

D. State Personnel Board Rule 478-1-06;

E. GDC Board Rule: 125-2-1-.02 Employment;

F. GDC SOP 104.09, Filling a Vacancy; and

G. [ACA Standards: 2-CO-1C-18, 1-CTA-1C-06, and 5-ACI-1C-14.](javascript:standardsMaster.SelectTreeNode(598522);)

III. Definitions:

As used in this SOP, these terms are defined as follows:

A. Appointing Authority - Individuals specifically designated by the Commissioner

to make decisions that directly affect the status of persons employed by the agency.

|GEORGIA DEPARTMENT OF CORRECTIONS
Standard Operating Procedures|Col2|Col3|
|---|---|---|
|Policy Name:Fingerprinting Employees|Policy Name:Fingerprinting Employees|Policy Name:Fingerprinting Employees|
|Policy Number: 104.12|Effective Date: 12/11/2024|Page Number: 2 of 4|
|Authority:
Commissioner|Originating Division:
Administration Division
(Human Resources)|Access Listing:
Level I: All Access|

B. Georgia Applicant Processing Service (GAPS) - A service providing the ability

for fingerprint background checks to be processed electronically, thus eliminating
the need for the agencies to submit hardcopy fingerprint cards by providing
electronic fingerprint submission services for applicants in the State of Georgia.

C. Live-Scan - Technology used by law enforcement agencies and private facilities

to electronically capture fingerprints and palm prints.

IV. Statement of Policy and Applicable Procedures:

A. Employees are required to be fingerprinted prior to, or immediately after, being

hired, rehired, transferred from another agency, or as otherwise required by
(Correctional Human Resources Management (CHRM).

B. Employee fingerprints will be captured utilizing Live Scan and submitted for

comparison to the Georgia Crime Information Center (GCIC) via Georgia
Applicant Processing Service (GAPS).

1. Fingerprinting responsibilities are as follows:

a. Once the applicant or employee has been fingerprinted, the authorized

Human Resources (HR) Representative will, within 24-72 hours, print the
GBI and FBI electronic response which will become part of the applicant’s
or employee’s hiring packet or as otherwise required. The local HR will
review the results of the background check during the hiring process and
any indication of falsification or withholding of pertinent data will be
reported to the Appointing Authority which may result in denial of
employment, dismissal, and other adverse actions, and/or prosecution.

b. Any indication of falsification or withholding of information, including

criminal history information, by those hired for Security (Peace Officer)
positions will be reported to the Georgia Corrections Academy – Georgia

|GEORGIA DEPARTMENT OF CORRECTIONS
Standard Operating Procedures|Col2|Col3|
|---|---|---|
|Policy Name:Fingerprinting Employees|Policy Name:Fingerprinting Employees|Policy Name:Fingerprinting Employees|
|Policy Number: 104.12|Effective Date: 12/11/2024|Page Number: 3 of 4|
|Authority:
Commissioner|Originating Division:
Administration Division
(Human Resources)|Access Listing:
Level I: All Access|

Peace Officer Standards and Training Council (P.O.S.T.) Certification Unit
by the Appointing Authority.

c. All applicants will be asked about previous misconduct, as described in

SOP 104.09, Filling a Vacancy, during the hiring process. All current
employees have a continuing duty to disclose any misconduct.

d. Appointing Authorities will ensure that all P.O.S.T. and non-P.O.S.T.

certified positions have a fingerprint based Criminal History Record Check
conducted every five (5) years from the date of hire.

C. Applicant Privacy Rights Notification:

1. Notification:

a. Prior to fingerprinting, individuals must complete an application and

receive a copy of Attachment 1, Applicant Privacy Rights and the Privacy
Act Statement.

b. Once the applicant had read the Applicant Privacy Rights and the Privacy

Act Statement, the applicant will sign Attachment 2, Applicant Privacy
Rights Notification Signature Form, stating the notification was received.

2. Record Challenge/Correction:

a. If an applicant chooses to challenge the accuracy of the criminal history

record or needs to correct or update a record, they will be given thirty (90)
calendar days from the date of notification to do so.

b. The applicant is notified that the procedures for challenging an FBI record

are set forth in 28 CFR 16.30 through 16.34 and the procedures for
challenging a Georgia record can be found on the GBI website.

|GEORGIA DEPARTMENT OF CORRECTIONS
Standard Operating Procedures|Col2|Col3|
|---|---|---|
|Policy Name:Fingerprinting Employees|Policy Name:Fingerprinting Employees|Policy Name:Fingerprinting Employees|
|Policy Number: 104.12|Effective Date: 12/11/2024|Page Number: 4 of 4|
|Authority:
Commissioner|Originating Division:
Administration Division
(Human Resources)|Access Listing:
Level I: All Access|

c. The applicant will be given a copy of the fingerprint-based criminal history

record upon written request.

d. The department is not authorized to release the name-based criminal

history record.

3. Appeal Process:

a. The applicant is provided an opportunity to appeal an adverse decision

based on the criminal history record information provided from the
fingerprint-based background check.

b. The appeal must be in writing to the Appointing Authority and will only

be accepted if the applicant is successful in challenging the accuracy of
their criminal history record.

c. The appeal must be made within forty-five (45) calendar days of the

notification of the adverse hiring decision, inclusive of the time granted to
challenge the accuracy of the criminal history record.

V. Attachments:

Attachment 1: Applicant Privacy Rights and Privacy Act Statement
Attachment 2: Applicant Privacy Rights Signature Form

VI. Record Retention of Forms Relevant to this Policy:

Upon completion, Attachment 2 shall be retained in the CHRM and the local personnel
office for a period of three (3) full years.