Check Overview. Webinar Date: 4/6/2010

Transcription

1 NMLS Criminal Background Check Overview Webinar Date: 4/6/2010

2 Outline Overview of CBC Process How MLO requests CBC (why part of MU4, etc.) How to get fingerprinted (Livescan vs. Cardscan) Timeframes/Situations for CBC and results Results posting to NMLS Name Check 2

3 Criminal Background Check (CBC) As required by the SAFE Act Sec. 1505(a)(1) Mortgage Loan Originators must submit fingerprints to NMLS for a criminal i history background check Only MU4 individuals at this point Requested in conjunction with MU4 filing ONLY REGULATORS CAN SEE CBC RESULT INFORMATION 3

4 Detailed Process (post MU4 filing) Live Scan Vendor 1. Electronic prints, Individual s Name, NMLS ID, DOB and PIN are sent from the vendor to BCAS. BCAS Background Check Automation System 2. BCAS requests authorization to process the fingerprint record. 6. Results of the CBC are sent from BCAS to NMLS. 4. Electronic print and demographic info is sent from BCAS to the FBI for CBC. 3. NMLS authorizes processing of the fingerprint record. 4 FBI 5. Results of the CBC are sent from the FBI to BCAS (Results can be: Clear, RAP, Illegible). In the event there is a status of RAP the details RAP sheet will also be sent. NMLS

5 CBC Statuses Below is a list of the CBC request statuses that display in Composite once the request is submitted: Pending Fingerprints - An individual submitted a request to conduct a criminal background check but has not yet submitted fingerprints. Processing Fingerprints - An individual background check is being performed by using the fingerprint card method for the individual. Processing Name Check - An individual background check is being performed by using the Name Check method for the individual. This is done manually by FINRA Operations personnel. Closed - Criminal background check has been completed successfully and has resulted in a Results Received, Rejected or Illegible. 5 Expired - No fingerprint record was received in association with the request within the allotted timeframe (180 days).

6 CBC Fingerprint Statuses Fingerprint Result Statuses Illegible -fingerprints did not meet the minimum quality requirements of the FBI. Rejected - fingerprint not processed by the FBI due to missing information. (RARE) Result Received o RAP - individual s fingerprints produced a match against the FBI database and a RAP (Record of Arrest and Prosecution) sheet was returned. o Clear - individual s fingerprints did not produce a match against the FBI database and the individual is considered to have no criminal record. 6 o Inconclusive - more than one potential match found during Name Check search.

7 CBC Roles for Regulators The following roles have been added for regulators: View Criminal Background Check Result Status - this role allows the user to view the result of a criminal background check for any individual that has an active license/registration in the regulator s jurisdiction View RAP Sheet - this role allows the user to view the Record of Arrest and Prosecution (RAP Sheet), that was returned by the FBI, of any individual that has an active license/registration in the regulator s jurisdiction 7

8 CBC Notifications The following notification has been added for regulators: RAP received for a previously cleared individual - The result of an individual s CBC is updated from clear to RAP (Regulator) Please note in order to receive this notification the recipient must have one of the CHRI roles). 8

9 CBC License Items New license items have been added to the system and are categorized as: Non Enforced - when the license item is set it does not trigger a completeness check, to submit a CBC Request, on the next MU4 submitted o Federal CBC Required - Existing License o State Criminal Background Check Enforced - when the license item is set it does trigger a completeness ess check, to submit a CBC C Request, on the next MU4 submitted o Federal CBC Required - New License o Federal CBC Required 9

10 CBC License Items (cont.) The four new license items are : Federal Criminal Background Check Required - New License: set by the system when a new license is requested, cleared by system when a status of RAP or CLEAR is returned from the FBI Federal Criminal Background Check Required - Existing License: set by the system or regulator, clears by the system when a status of RAP or CLEAR is returned from the FBI Federal Criminal Background Check Required: set and cleared only by the regulator 10 State Background Check: set and cleared only by the regulator if something above and beyond the Federal CBC is needed *Please note system set license items cannot be cleared by the regulator.

11 Reports for CBC Description of Report Active License Items Report allows users to identify all active license items for all license types as of the current date. This report will have a filter to limit the report results to a specific requirement or deficiency type. Criminal Background Check Report allows users to identify individuals who have successfully completed a criminal background check as of a user specified date. Impacted Users Company, Regulator Company, Regulator 11