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Agenda 10-21-2025; 8-f - Authorization for County Manager to Sign the State Bureau of Investigation Non-Criminal Justice Access Agreement
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Agenda 10-21-2025; 8-f - Authorization for County Manager to Sign the State Bureau of Investigation Non-Criminal Justice Access Agreement
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10/16/2025 11:59:38 AM
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10/21/2025
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Business
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Agenda
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8-f
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Agenda for October 21, 2025 BOCC Meeting
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2 <br /> Further, all counties and cities must require an applicant, if offered the position, to be subject to a <br /> criminal history record check conducted by the State Bureau of Investigation (SBI) in accordance <br /> with NCGS §1436-1209.26. To comply with these new legal requirements and to facilitate the <br /> process, counties must enter into a Non-Criminal Justice Access Agreement with the SBI to <br /> access fingerprint-based background checks through the State and National Repositories of <br /> Criminal Histories, enabling them to submit fingerprints and receive criminal history information <br /> for hiring purposes. <br /> § 143B-1209.26. Criminal record checks for municipalities and county governments. The State Bureau of <br /> Investigation may provide to a city or county from the State and National Repositories of Criminal Histories <br /> the criminal history of any person who applies for employment with the city or county. The city or county <br /> shall provide to the Bureau, along with the request, the fingerprints of the applicant, a form signed by the <br /> applicant consenting to the criminal record check and use of fingerprints and other identifying information <br /> required by the State and National Repositories, and any additional information required by the Bureau. <br /> The applicant's fingerprints shall be used for a search of the State's criminal history record file, and the <br /> Bureau shall forward a set of fingerprints to the Federal Bureau of Investigation for a national criminal <br /> history record check. The city or county shall keep all information obtained pursuant to this section <br /> confidential. The Bureau may charge a fee to offset the cost incurred by it to conduct a criminal record <br /> check under this section. The fee shall not exceed the actual cost of locating, editing, researching, and <br /> retrieving the information. (2003-214, s. 4; 2005-358, s. 1; 2014-100, s. 17.1(m), (o); recodified from N.C. <br /> Gen. Stat. 1438-945 by 2023-134, s. 19F.4(i), (j).) <br /> The purpose of the SBI Non-Criminal Justice Access Agreement is to outline the responsibilities <br /> of the NCSBI and the County regarding the proper care, custody, and control of all criminal history <br /> record information received by the County from the NCSBI as authorized by NCGS 14313-945. <br /> FINANCIAL IMPACT: There is no financial impact related to the signing of the agreement. All <br /> responsibilities associated with these provisions will be managed by the Human Resources <br /> Department. <br /> ALIGNMENT WITH STRATEGIC PLAN: This item supports: <br /> • GOAL 2: HEALTHY COMMUNITY <br /> OBJECTIVE 5. Invest in, support, train and retain our community safety, health, and <br /> emergency services employees and direct care workforce. <br /> • GOAL 6: DIVERSE AND VIBRANT ECONOMY <br /> OBJECTIVE 6. Provide workforce and business development resources to enhance the <br /> skills of our workforce. <br /> RECOMMENDATION(S): The Manager recommends that the Board authorize the County <br /> Manager to sign the required agreement with the SBI and any amendments or renewals thereof, <br /> ensuring statutory compliance in the hiring process for positions required to work with children in <br /> any capacity. <br />
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