FREQUENTLY ASKED QUESTIONS
CRIMINAL HISTORY RECORDS CHECK (“CHRC”)
***Please review and follow instructions carefully to aid in processing your application as quickly as possible.***
1. Why am I required to obtain a CHRC?
Maryland Code Annotated, Health Occupations Article 20-302 and 20-303.1 require Maryland State Board for the Certification of Residential Child Care Program Professionals applicants and certificate holders to submit to Criminal History Records Checks as a qualification for certification.
2. Can I get my CHRC through another party or through another state? Can I use the results from my job for the Board or vice-versa?
Results of a CHRC in another state or conducted elsewhere in Maryland cannot be sent to the Board. Each entity/agency/employer has a unique authorization code from CJIS and the FBI. The responses are sent directly to the appropriate agency. CHRCs cannot be shared between agencies.
3. Will I be able to take the certification examination before obtaining the CHRC?
You will be allowed to take the certification test if you submit completed application materials including proof (such as a receipt) that shows the Board that you have initiated the CHRC. No certificate will be issued until the full background check has been received and reviewed.
4. Do I need to disclose my criminal history on my application for certification?
Yes, It is in your best interest to disclose your criminal history on your application. Positive CHRC results are considered by the Board on a case-by-case basis. Please be advised that having a conviction on your record will not necessarily disqualify you from obtaining certification.
HOWEVER, PROVIDING FALSE INFORMATION ON YOUR APPLICATION CAN RESULT IN THE DENIAL OF YOUR CERTIFICATION OR DISCIPLINARY ACTION BY THE BOARD.
5. What happens to the CHRC after the Board receives it?
If the CHRC indicates criminal history and you have not provided that information on your application, you be asked for additional information. The Board will review the report after you submit the requested information. Therefore, if you submit information as requested on the application, the process will progress quicker. If you delay in submitting the information, the delay in processing your application will be longer.
6. What will I need to submit to the Board if I check “Yes” to the criminal background question on the application for certification or if the Board receives positive CHRC results?
You are required to send documents from the local, state, or federal court for each conviction, guilty plea, plea of nolo contender (“no contest”) or probation before judgement (PBJ). A PBJ means that a final disposition of the case has been delayed until certain conditions have been met. A PBJ may be referred to by another term such as “deferred disposition, “in different states.
The documents must be true test copies or court – certified copies of statements of charges, pleas and dispositions and documentation showing completion of terms of sentence (i.e., probation reports and receipts of restitution paid). The Court clerk will Understand what you mean when you ask for these documents. If the Court no longer has the records, you will need to obtain and submit to the Board a letter from the Court stating that the records are no longer available. No other documentation or judiciary search will be accepted. You must specifically address your criminal history in a written explanation. Include dates, specific circumstances surrounding the incidents, and what you have learned and how you have changed from the experience. If the violation involved controlled dangerous substances (CDS) or was related to alcohol, you must provide records of any court-ordered or voluntary assessments or treatment undertaken. Your explanation is part of the legal document of your application and must be typed (or legibly printed) dated and signed.
YOUR APPLICATION IS NOT COMPLETE AND WILL NOT BE PROCESSED UNTIL YOU PROVIDE ALL OF THE REQUIRED DOCUMENTS. PLEASE DO NOT CONTACT THE BOARD TO CHECK ON THE STATUS OF YOUR APPLICATION UNLESS YOU HAVE ALREADY PROVIDED ALL OF THE REQUIRED DOCUMENTS.
Please not that there is no defined timeline for when you will receive your certification if you have positive criminal history. It may take considerable time for you to gather your documents and for the Board to review your documents. You can speed up the process along by disclosing your criminal history and submitting all of your documents as instructed with your application. Repeatedly contacting the Board office to check on your application will only serve to further delay the process.
7. Who will have access to my CHRC report?
Only designated Board staff will have access to the CHRC report and all Board employees are held to high confidentiality standards. The CHRC reports are not available to the public, will not be disclosed, and will be securely destroyed as soon as they are no longer needed.
8. Will positive criminal history automatically prevent me from being certified?
No. The Board reviews each positive criminal history on a case-by-case basis. The law requires that the Board consider the following factors when deciding whether or not to approve certification:
- The age at which the crime was committed;
- The circumstances surrounding the crime;
- The length of time that has passed since the crime;
- Subsequent work history;
- Employment and character references; and
- Other evidence that demonstrates whether the applicant poses a threat to public health and safety.
IT IS UP TO THE APPLICANT TO PROVIDE FACTS AND EXPLANATIONS THAT WILL ASSURE AN ACCURATE ASSESSMENT OF HIS/HER ABILITY TO SAFELY CARE FOR THE PUBLIC.
9. Will my application be processed without the CHRC?
10. How will I know that my fingerprints are being processed?
A week or so after completing your fingerprinting, you should receive a letter form the Department of Public Safety and Correctional Services. This letter will give you the results of your state background check and inform you that a national background check has been initiated. This is not your complete background check but shows that your prints were transmitted and the background check should be completed shortly. If you have questions about the status of your background check, please contact CJSI at the number provided on the top of your letter. The Board cannot provide information regarding the status of your background check.