What laws, policy, and/or regulations determine who can access ACIC?
There are a few areas that define access:
- First, Arkansas State Law 12-12-211. Access to records.
- Second is the ACIC System Regulations, Section 3. Access and Use of Information and Section 3. Definitions.
- Third, is Title 28 – Judicial Administration. CHAPTER I – DEPARTMENT OF JUSTICE. PART 20 – CRIMINAL JUSTICE INFORMATION SYSTEMS. Subpart C – Federal Systems and Exchange of Criminal History Record Information.
- Finally, the current version of the CJIS Security Policy.
Who has access to ACIC/NCIC information?
Access is restricted to criminal justice officials, both sworn and unsworn, who are employed by a criminal justice agency and are engaged in duties such as investigations, apprehension of criminals, detention, prosecution, adjudication, correctional supervision, or the rehabilitation of accused or convicted individuals.
(ACIC System Regulations, Section 3. Access and Use of Information and Section 3. Definitions. Title 28 of the Federal Code of Regulations.)
What are the statutes that determine misuse of ACIC information?
Those statutes are 12-12-212 and 12-12-1002. Also, Title 28 – Judicial Administration. CHAPTER I – DEPARTMENT OF JUSTICE. PART 20 – CRIMINAL JUSTICE INFORMATION SYSTEMS. Subpart B – State and Local Criminal History Record Information Systems.
Can any criminal justice employee have access to ACIC information?
Yes, they can in the performance of their official duties for criminal justice purpose. However, any person viewing ACIC/NCIC printout or information must have the current CJIS Security Training.
(ACIC System Regulations, Section 3. Access and Use of Information and Section 3. Definitions. Title 28 of the Federal Code of Regulations.)
When hiring a criminal justice employee, sworn or unsworn, does our agency have to do a fingerprint-based background check?
If the employee will have access to view printouts, access to the area where printouts are stored, or the ability to run queries of the ACIC system, then yes, a fingerprint-based background check must be completed.
(CJIS Security Policy, Section PS-3 Personnel Screening. ACIC System Regulations. Section 10. Operators and Record Personnel. (d) Security Clearances.)
Can the fingerprint result that my previous employer received be used by my new employer?
No, the background check from a previous employer cannot be disseminated to the new criminal justice employer. A new fingerprint-based background check must be conducted on the individual before accessing an information system or data.
(CJIS Security Policy, Section PS-3 Personnel Screening. ACIC System Regulations. Section 10. Operators and Record Personnel. (d) Security Clearances.)
Can ACIC/NCIC information be released to the public?
No. ACIC/NCIC information cannot be released to the public. The exception to this rule would be any ACIC/NCIC information used in open court and at that time becomes a matter of the public record.
(ACIC System Regulations, Section 3. Access and Use of Information and Section 3. Definitions. Title 28 of the Federal Code of Regulations. CJIS Security Policy 4.1 Criminal Justice Information (CJI).)
Is ACIC/NCIC information available via the Freedom of Information Act?
No. Information obtained from ACIC is not subject to a FOIA request. It is in accordance with 12-12-211.
(Ark Attorney General Opinion 93-106, 91-111.)
Can I use ACIC/NCIC information in a civil court case?
No. Criminal justice officials may not use ACIC/NCIC information in civil proceedings. ACIC/NCIC information is used for criminal justice purposes only. If there is a question on what information was returned to the officer, ACIC will comply with the release of information pursuant to a subpoena or court order.
(ACIC System Regulations, Section 3. Access and Use of Information and Section 3. Definitions. Title 28 of the Federal Code of Regulations. CJIS Security Policy 4.1 Criminal Justice Information (CJI).)
I don’t have an ACIC access point to run my own queries, but I need to view printouts. Can I have the law enforcement agency with access email a copy of the printouts to my office?
The email must be encrypted to the current standards listed in the CJIS Security policy. If the email is not encrypted, ACIC/NCIC information cannot be emailed.
(CJIS Security Policy MP-5 Media Transport, SC-13 Cryptographic Protection, and SC-28 Protection of Information at Rest.)
Can I send a criminal justice employee of an agency the information that I need for a criminal court case?
Yes. A fingerprint background check must have been completed on the employee. Also, the employee must take and pass the CJIS Security Training and test.
(CJIS Security Policy, Section PS-3 Personnel Screening and AT-3 Role-Based Training. ACIC System Regulations. Section 10. Operators and Record Personnel. (d) Security Clearances. Section 11. Training. (a) Operator Training. and the ACIC Training Policy.)
I have an application for a prospective new hire, but the person is under 18. Can a person under 18 work an ACIC access device?
A person under 18 cannot work with an ACIC access device without approval from the Director of the Arkansas Crime Information Center. The request must be submitted on letterhead from the agency’s Chief Official detailing the need to hire a person under the age of 18.
(ACIC System Regulations. Section 10. Operators and Record Personnel. (e). Minimum Age. Section 13. Exemptions.)
Can my agency hire someone who is not a legal citizen of the United States?
A person who is not a citizen of the United States cannot access ACIC Systems without approval from the Director of the Arkansas Crime Information Center. The request must be submitted letterhead from the agencies Chief Official and include, prospective user’s full name, race, sex, date of birth and country of origin. The following documents must be submitted with the request:
- Permanent Resident Card (The person has “permanent resident” status or holds a valid H1B Visa.)
- The Agency performs an IPQ and IAQ NCIC query on the person with no disqualifying responses.
- HR performs a USCIS eVerify check with no red flags.
- A U.S. Driver’s License or U.S. Government-issued identification card
- Copy of fingerprint background check showing no disqualifying responses
- U.S. Government-issued Work Visa
- Documentation that the person submitted a verifiable work history, and the hiring supervisor contacts the previous employment and is satisfied with the ensuing discussion.
(ACIC System Regulations. Section 10. Operators and Record Personnel. (g). Citizenship., and Section 13. Exemptions.)
My criminal justice agency had a request to conduct a criminal history check for someone who is not a criminal justice official. Can I conduct the criminal history check for that person?
No. The criminal history check must be a fingerprint-based background check conducted by the Arkansas State Police ID Bureau at Troop A Headquarters. Local law enforcement agencies are not able to run a background check for the public. If a person wants to review what is on their own criminal history, they need to be referred to ACIC. If they want to review their driving record, they will need to contact Driver Services at the Arkansas Revenue Department.
(NCIC files are obtained, accessed, and shared as authorized by Title 28, United Stats Code, Section 534, ACIC System Regulations, Section 3. Access and Use of Information and Section 3. Definitions. Title 28 of the Federal Code of Regulations. CJIS Security Policy 4.1 Criminal Justice Information (CJI).)
Can my agency run a criminal history check for licensing, i.e. taxicab, nursing, teacher, etc.?
No. These background checks must be conducted by the appropriate state agency under an approved 92-544 state statute and fingerprints are submitted to the Arkansas State Police ID Bureau at Troop A Headquarters. Local law enforcement agencies are not able to run a background check for licensing purposes.
Title 28 of the Federal Code of Regulations Part 20. 92-544 Public Law, and CJIS Security Policy 4.1 Criminal Justice Information (CJI).)
My agency is hiring a janitorial service to clean our agency after hours. They will have access to areas where CJI is stored or processed. What will we need in order to be in compliance with the CJIS Security Policy?
The agency must do the following with the company:
- There needs to be a statement in the contract stating the company will comply with CJIS Security Policy.
- The janitorial staff will need to have a fingerprint-based background check. Your agency can submit the fingerprints to Arkansas State Police. No one with a felony on their record can be unescorted. Additionally, everyone with access must be a U.S. citizen. Permanent residents can have access, but your agency must specifically request an exemption from ACIC for each of these individuals.
- Each janitorial staff member with access to the agency will need to sign a Security Addendum.
- The janitorial agency can have vendor access to CJIS Online. This way they can set up each employee to take the security training on CJIS Online. All janitorial staff with access must complete the “basic role” training.
(CJIS Security Policy, Section PS-3 Personnel Screening. ACIC System Regulations. Section 10. Operators and Record Personnel. (d) Security Clearances.)
My agency has received a subpoena/court order for a case file that contains ACIC information. Can my agency provide the ACIC information contained in the case file?
Yes. Your agency can provide the ACIC information within the specified case file. If the order requests your agency to provide ACIC information that you do not have on file, you cannot query the specific records to provide. Contact ACIC Operations for further direction.
Does a Constable have access to ACIC information?
For a Constable to have access to the ACIC/NCIC information, there are certain requirements that must be met:
- One, they must meet the training requirements established by CLEST.
- Two, they must have an ORI.
- Third, they must have the CJIS Security Training. (Note: The existing ORI is not transferred to a newly elected Constable. The new Constable should contact ACIC for assistance.)
(Arkansas Annotated Code 16-19-30, CJIS Security Policy, and ACIC Training Policy.)
