5.2.2 Removing Criminal History from Records

The FBI has specific regulations in regard to destruction and archiving of criminal records. State archiving does not meet FBI regulations and no records should be sent to state archives that contain criminal history records.  This includes foster, relative and kinship licensing records, adoption records, ICPC and family-centered-out-of-home records. This information must be removed from the record prior to being sent to state archives. Fingerprints are to be removed from any case file and destroyed when a case file is closed.

The FBI requires that criminal history records be destroyed so they are not viewable. Records must be shredded or incinerated in order to meet this requirement. However, records must be destroyed either by a Children’s Division employee or in the presence of a Children’s Division employee. FBI regulations allow for contractors to destroy records as long as a CD staff person is present (i.e. done on-site). However, if the contractor picks documents to be destroyed and takes them to another location, this is considered outsourcing and does not meet FBI regulations and should not be used for the destruction of records containing criminal history records.

This pertains to specific criminal history such as fingerprints, RAP (Record of Arrests and Prosecutions) sheets, and documentation of specific criminal history. Staff may remove all references to specific criminal history from the record prior to archiving or shredding by a contractor. Criminal history records should be shredded by Children’s Division staff only.

Chapter Memoranda History: (prior to 1/31/07)

Memoranda History: