28:10-c Employee Candidate Background Checks. –
I. The county commissioners may require a background investigation and a criminal history records check on any candidate for employment, prior to a final offer of employment. A county may request only a state records check or both a federal and state records check, to be conducted through the division of state police. The county may extend a conditional offer of employment to a candidate, with a final offer of employment subject to a successfully completed criminal history records check.
II. A candidate for employment in a position that the county commissioners determine requires a background investigation and a criminal history records check shall submit to the county a criminal history records release form, as provided by the division of state police, which authorizes the release of the person's criminal records, if any. The candidate shall submit with the release form a complete set of fingerprints taken by a law enforcement agency as directed by the county commissioners. In the event that the first set of fingerprints is invalid due to insufficient pattern and a second set of fingerprints is necessary in order to complete the criminal history records check, the conditional offer of employment shall remain in effect. If, after 2 attempts, a set of fingerprints is invalid due to insufficient pattern, the county may, in lieu of the criminal history records check, accept police clearances from every city, town, or county where a candidate has lived during the past 5 years.
III. To obtain a state records check only, the county shall submit a state criminal history records release form to the division of state police. To obtain both the federal and the state records check, the county shall submit the criminal history records release form and applicant fingerprint card to the division of state police, which shall conduct a criminal history records check through its records and through the Federal Bureau of Investigation. Upon completion of the background investigation, the division of state police shall report any criminal conviction information to the county commissioners. The county may submit fingerprint information electronically, in accordance with procedures established by the division of state police. The county shall maintain the confidentiality and security of all criminal history records information received pursuant to this paragraph.
IV. The county commissioners may require the candidate to pay the actual costs of the background investigation and the criminal history records check.
V. In this section, "candidate for employment" shall include candidates for volunteer positions in the county.
Source. 2013, 147:2, eff. Aug. 27, 2013. 2018, 318:3, eff. Aug. 24, 2018.