To: Field Placement Sites From: Rebecca Newgent, Chairperson Date: October 2012 Re: CNED Criminal Background Investigation Policy Beginning August 1, 2011, the Department of Counselor Education began requiring a fingerprint-based Illinois State Policy and FBI criminal background investigation for newly admitted students and current students entering into the program and into field experiences. All students, regardless of the initial criminal background investigation, are required to complete a Field Experience Disclosure Form prior to the semesters of field experiences. The self-reported disclosure status form will indicate whether or not a student’s criminal background status has changed. Please refer to the Department of Counselor Education: Criminal Background Investigation Policies Regarding Criminal Background Investigations for detailed information (available wiu.edu/counselored). It is the sole discretion of field placement site personnel to determine a student’s acceptance for placement. Beginning with students admitted for the Spring 2013 term, the Department of Counselor Education will no longer directly receive investigation results. Results will be sent directly to the students. Field placement sites may request a copy of these results directly from the student. For students admitted prior to Spring 2013, it is the University’s obligation to inform any potential field placement site representative of the results of any criminal background investigation that indicate criminal convictions that may impact the student’s ability to secure certification and/or licensure in the State of Illinois or other governmental agencies to practice as a counselor. Actual convictions, sentence status, charges, or dropped charges are not released. The Department of Counselor Education will not notify the potential field placement site representative if there are no results that meet the above noted criteria. Please refer to the following information regarding release of information: Per the Illinois State Police Bureau of Identification: “Release of this information to unauthorized individuals or agencies or misuse is prohibited by Federal Law Title 42 USC 3789g pertaining to criminal history information.” Per the Federal Bureau of Investigation Criminal Justice Information Services Division: “Under provisions set forth in Title 28, Code of Federal Regulations (CFR), Section 50.12, both governmental and nongovernmental entities authorized to submit fingerprints and receive FBI identification records must notify the individuals fingerprinted that the fingerprints will be used to check the criminal history records of the FBI. Identification records obtained from the FBI may be used solely for the purpose requested and may not be disseminated outside the receiving department, related agency or other authorized entity. If the information on the record is used to disqualify an applicant, the official making the determination of suitability for licensing or employment shall provide the applicant the opportunity to complete, or challenge the accuracy of, the information contained in the FBI identification record. The deciding official should not deny the license or employment based on the information in the record until the applicant has been afforded a reasonable time to correct or complete the information, or has declined to do so. An individual should be presumed not guilty of any charge/arrest for which there is no final disposition stated on the record or otherwise determined. If the applicant wishes to correct the record as it appears in the FBI’s CJIS division records system, the applicant should be advised that the procedures to change, correct or update the record are set forth in Title 28, CFR, Section 16.34.”