(3) information from the Bureau of Criminal Apprehension. (b) If the individual has resided in the county for less than five years, the study shall include the records specified under paragraph (a) for the previous county or counties of residence for the past five years. (c) Notwithstanding expungement by a court, the county agency may consider information obtained under paragraph (a), clause (3), unless the commissioner received notice of the petition for expungement and the court order for expungement is directed specifically to the commissioner. Subd. 3.Arrest and investigative information. (a) For any background study completed under this section, if the commissioner has reasonable cause to believe the information is pertinent to the disqualification of an individual, the commissioner also may review arrest and investigative information from: (1) the Bureau of Criminal Apprehension; (2) the commissioner of health; (3) a county attorney; (4) a county sheriff; (5) a county agency; (6) a local chief of police; (7) other states; (8) the courts; (9) the Federal Bureau of Investigation; (10) the National Criminal Records Repository; and (11) criminal records from other states. (b) The commissioner is not required to conduct more than one review of a subject’s records from the Federal Bureau of Investigation if a review of the subject’s criminal history with the Federal Bureau of Investigation has already been completed by the commissioner and there has been no break in the subject’s affiliation with the license holder who initiated the background study. Subd. 4. Juvenile court records. (a) For a background study conducted by the Department of Human Services, the commissioner shall review records from the juvenile courts for an individual studied under section 245C.03, subdivision 1, paragraph (a), when the commissioner has reasonable cause. (b) For a background study conducted by a county agency, the commissioner shall review records from the juvenile courts for individuals listed in section 245C.03, subdivision 1, who are ages 13 through 23 living in the household where the licensed services will be provided. The commissioner shall also review records from juvenile courts for any other individual listed under section 245C.03, subdivision 1, when the commissioner has reasonable cause.
242
Made with FlippingBook - Online Brochure Maker