SOP_NUMBER: 104.18
TITLE: Obtaining and Using Records for Criminal Justice Employment
REFERENCE_CODE: IVO03-0012
DIVISION: Administrative & Finance Division (Human Resources)
TOPIC_AREA: 104 Policy-HR Applicant/Vacancy/Hiring/Position
EFFECTIVE_DATE: 2020-10-13
WORD_COUNT: 857
POWERDMS_URL: https://public.powerdms.com/GADOC/documents/105209
URL: https://gps.press/sop-data/104.18/

SUMMARY:
This policy establishes requirements for GDC to obtain and use criminal history and driver's license records when considering applicants for employment. All job applicants must sign a Criminal/Driver History Consent Form before any criminal history records can be requested, and if an applicant refuses to sign, they cannot be hired. The policy also specifies procedures for obtaining driver's license history records, conducting multi-state background checks for POST-certified positions, and notifying applicants of adverse employment decisions based on criminal records.

KEY_TOPICS: criminal history records, background checks, employment screening, criminal justice employment, consent forms, driver's license history, POST certification, GCIC records, adverse employment decisions, applicant disclosure, multi-state background checks, hiring requirements

ATTACHMENTS:
  1. Criminal-Driver History Consent Form
     URL: https://gps.press/sop-data/104.18-att-1/
  2. Rejection of Applicant – Felony Conviction Sample Letter
     URL: https://gps.press/sop-data/104.18-att-2/
  3. Rejection of Applicant – Misdemeanor Convictions Sample Letter
     URL: https://gps.press/sop-data/104.18-att-3/

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FULL TEXT:
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|GEORGIA DEPARTMENT OF CORRECTIONS<br>Standard Operating Procedures|Col2|Col3|
|---|---|---|
|**Policy Name:**Obtaining and Using Records for Criminal Justice Employment|**Policy Name:**Obtaining and Using Records for Criminal Justice Employment|**Policy Name:**Obtaining and Using Records for Criminal Justice Employment|
|**Policy Number:** 104.18|**Effective Date:** 10/13/2020|**Page Number:** 1 of 3|
|**Authority:** <br>Commissioner|**Originating Division:** <br>Administration & Finance<br>Division (Human Resources)|**Access Listing:**<br>Level I: All Access<br>|


**I.** **Introduction and Summary:**







It shall be the policy of this agency that any individual considered for employment with
the Georgia Department of Corrections (GDC) will be subject to a criminal history record
information investigation. Before a criminal justice agency can request or use a criminal
history record for criminal justice employment, the agency must have the job applicant's
fingerprints or the applicant’s signed consent.

**II.** **Authority:**

A. O.C.G. A. §35-3-35; and

B. ACA Standards: 2-CO-1C-10, 1-CTA-1C-06, 5-ACI-1C-14 (ref. 4-4061), 4-ALDF
7B-03, and 4-ACRS-7B-05.

**III.** **Definitions:** None **.**

**IV.** **Statement of Policy and Applicable Procedures:**

A. Before any facility/office requests criminal history records on an applicant,

Attachment 1, the GDC Criminal/Driver History Consent Form, must be signed by the
applicant to initiate processing. This form will remain valid and in effect for use
through the duration of employment with GDC.

B. The signed consent form must be submitted with a GDC facility’s request to the

Georgia Crime Information Center (GCIC), Georgia Bureau of Investigation (GBI),
Georgia State Patrol (GSP) or other related agency.

C. If an applicant will not sign the Consent Form, the applicant cannot be considered for

employment.

D. When GCIC Criminal History Background queries are done for applicants seeking to

be P.O.S.T. certified, a check must be conducted in each state where the applicant
resided.


|GEORGIA DEPARTMENT OF CORRECTIONS<br>Standard Operating Procedures|Col2|Col3|
|---|---|---|
|**Policy Name:**Obtaining and Using Records for Criminal Justice Employment|**Policy Name:**Obtaining and Using Records for Criminal Justice Employment|**Policy Name:**Obtaining and Using Records for Criminal Justice Employment|
|**Policy Number:** 104.18|**Effective Date:** 10/13/2020|**Page Number:** 2 of 3|
|**Authority:** <br>Commissioner|**Originating Division:** <br>Administration & Finance<br>Division (Human Resources)|**Access Listing:**<br>Level I: All Access<br>|



E. If an adverse employment decision is made based on criminal history records, the

facility/office must notify the applicant, in writing, of all information pertinent to that
decision. This disclosure must inform the applicant of where the name of the criminal
justice center where the record was obtained from, the specific contents of the record,
and the effect the record had on the decision.

**NOTE:** **The Appointing Authority is responsible for making this disclosure.**
**Failure to provide all information to the person subject to the adverse decision**
**shall be a misdemeanor. (See Attachment 2 & Attachment 3, Sample Letters.)**

F. Each facility/office must maintain a file of all signed Consent Forms. If an applicant

is hired, their signed consent form shall be included in the employment package sent
to the Corrections Human Resource Management Office (CHRM).

**NOTE: It is a violation of Georgia law to inquire into an applicant’s driver’s**
**license history records for employment considerations, except as specified within**
**this SOP.**

G. Driver’s license history records can only be requested for employees when driving

State vehicles is critical to the employee’s job duties or when it is necessary to meet
P.O.S.T. certification requirements.

H. Driver’s license history information must be obtained for the previous seven (7) years,

from all states where an applicant has resided. Certified GCIC operators in GDC may
obtain access to an applicant’s out-of-state driver’s license history files, but they are
prohibited from obtaining Georgia driver’s license histories for employment checks.
Instead, the Georgia driver’s license histories must be obtained from the Department
of Driver Services (DDS) by the applicant at their own expense. For states that do not
participate in the automated response system, the applicant must also provide the
driver’s license history from that state at their own expense.


|GEORGIA DEPARTMENT OF CORRECTIONS<br>Standard Operating Procedures|Col2|Col3|
|---|---|---|
|**Policy Name:**Obtaining and Using Records for Criminal Justice Employment|**Policy Name:**Obtaining and Using Records for Criminal Justice Employment|**Policy Name:**Obtaining and Using Records for Criminal Justice Employment|
|**Policy Number:** 104.18|**Effective Date:** 10/13/2020|**Page Number:** 3 of 3|
|**Authority:** <br>Commissioner|**Originating Division:** <br>Administration & Finance<br>Division (Human Resources)|**Access Listing:**<br>Level I: All Access<br>|



I. The Appointing Authority will direct the applicants to disclose any disciplinary history

involving substantiated allegations of sexual abuse. Supporting documents must be
obtained prior to hiring.

J. Pursuant to the State Security Questionnaire, applicants must disclose any criminal

charges, pending charges, and/or convictions prior to hiring. GDC shall consider hiring
qualified ex-offenders.

**V.** **Attachments:**

Attachment 1: Criminal Driver History Consent Form
Attachment 2: Rejection of Applicant - Felony Conviction Sample Letter
Attachment 3: Rejection of Applicant - Misdemeanor Convictions Sample Letter

**VI.** **Retention Schedule of Forms Relevant to this Policy:**

Upon completion, Attachment 1 shall be retained for two (2) years in the applicant’s
selection packet; If hired, the form shall be retained permanently in the local and official
HR files. Upon completion, Attachments 2 and 3 shall be retained for two (2) years in the
applicant’s selection packet.