Records - Criminal History Records and OPD Report Dissemination
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Questions and Answers

In cases where a person is required to make a report of suspected child abuse or neglect, who can they share the information with? (Select all that apply.)

  • The Department of Health and Human Services (correct)
  • A Title IX Coordinator designated by an educational entity (correct)
  • A bondsman representing the accused individual
  • An attorney representing the accused individual

    • What is the legal consequence for knowingly disseminating non-disclosable Criminal History Record Information?

  • A civil action by concerned parties
  • A Class I felony
  • Both A and C (correct)
  • A Class IV misdemeanor

    • Who has access to all police reports regarding matters within their jurisdiction and prosecution?

  • Defense attorneys
  • Prosecutors (correct)
  • The OPD Administrative Information Manager
  • Bondsmen

    • In the context of this document, what types of records are considered 'sealed records'?

    <p>Records related to the prosecution and sentencing of criminal defendants (B)</p> Signup and view all the answers

    Which of the following entities are NOT explicitly mentioned as being able to obtain copies of OPD reports?

    <p>The Nebraska Department of Education (D)</p> Signup and view all the answers

    Which of these individuals or groups WOULD have access to Criminal History Record Information according to this policy?

    <p>A prosecutor preparing for a trial (F)</p> Signup and view all the answers

    According to this policy, who has the authority to authorize deviations from it?

    <p>An OPD Deputy Chief or Chief of Police (A)</p> Signup and view all the answers

    Which type of record or report does NOT fall under the confidentiality provisions related to sexual assault and sex trafficking victims?

    <p>A (C)</p> Signup and view all the answers

    If someone violates the provisions related to dissemination of Criminal History Record Information, what is the maximum potential penalty?

    <p>Both A and B (D)</p> Signup and view all the answers

    The policy states that defense attorneys will receive information regarding arrests from which entities?

    <p>The City of Omaha Prosecutor's Office or Douglas County Attorney's office (C)</p> Signup and view all the answers

    When an outside law enforcement agency (LEA) requests criminal history information for an employment check, what steps should be taken?

    <p>The requesting party should be directed to the OPD Administrative Information Manager or designee during specific shift hours. (C)</p> Signup and view all the answers

    Which of the following is TRUE regarding the release of criminal history record information to the general public by phone?

    <p>It is prohibited under all circumstances. (C)</p> Signup and view all the answers

    If a member of the public requests criminal history information, how is the request processed?

    <p>The request is submitted on a form, a fee is paid, and it is then processed by the Records Squad. (B)</p> Signup and view all the answers

    When an outside LEA requests criminal history information for a criminal investigation, what verification steps are typically taken?

    <p>The requesting party may be asked to provide materials or information to verify their agency credentials and details. (A)</p> Signup and view all the answers

    What is the typical processing time for a properly submitted criminal history request form?

    <p>The request is processed within 7 to 10 days. (D)</p> Signup and view all the answers

    What format can be used to receive criminal history information?

    <p>Both physical copies and emails are allowed. (A)</p> Signup and view all the answers

    During what hours are Records Squad employees authorized to process criminal history requests?

    <p>Monday through Friday, 8:00 AM to 4:00 PM, excluding holidays and weekends. (C)</p> Signup and view all the answers

    When is it permissible for an outside LEA to receive criminal history information by phone?

    <p>When the request is for a felony warrant. (D)</p> Signup and view all the answers

    What is the purpose of the "Application for Review of Criminal History" (OPD Form 213)?

    <p>To allow individuals to view and receive a copy of their criminal history record information. (B)</p> Signup and view all the answers

    When an individual wishes to view a sealed record, which is typically required?

    <p>A completed and signed &quot;Notarized Request for Release of Sealed Information – Juvenile/Adult Records&quot; form (OPD Form 213A). (D)</p> Signup and view all the answers

    Which of these is an example of confidential information that cannot be disseminated without the explicit approval of the Administrative Information Manager?

    <p>A credit card number and expiration date. (B)</p> Signup and view all the answers

    Which of the following statements best describes the process of redacting confidential information from a report?

    <p>Only the second copy of the report, containing the blacked-out information, is disseminated, while the first copy with the original information is destroyed. (A)</p> Signup and view all the answers

    What is the role of the Court Liaison Office in the process of reviewing Criminal History Record Information?

    <p>They are responsible for investigating claims of error in Criminal History Record Information and making necessary corrections. (B)</p> Signup and view all the answers

    Which of these statements accurately reflects the OPD's policy regarding individuals viewing their Criminal History Record Information?

    <p>Individuals are only permitted to take personal notes of their record, and no printouts will be provided. (C)</p> Signup and view all the answers

    Which of the following is NOT a lawful reason for the OPD to disseminate Criminal History Record Information by telephone?

    <p>To release details of an arrest to news media. (D)</p> Signup and view all the answers

    According to the policy, individuals are required to provide what type of documentation when requesting an application for review of Criminal History Record Information?

    <p>Adequate documentation to establish their identity. (C)</p> Signup and view all the answers

    If an individual claims an error in their Criminal History Record Information, what steps should they take, according to the policy?

    <p>Submit a written complaint to the OPD within three days of reviewing the record. (B)</p> Signup and view all the answers

    Which of the following is NOT a legal authority cited as the basis for the Nebraska Commission on Law Enforcement and Criminal Justice’s rules and regulations?

    <p>The Nebraska Constitution’s Bill of Rights. (D)</p> Signup and view all the answers

    What is the primary purpose of redacting confidential information from reports?

    <p>To prevent the dissemination of sensitive information that could potentially harm individuals or law enforcement operations. (A)</p> Signup and view all the answers

    Which of these situations IS NOT an acceptable reason to disseminate a criminal history record?

    <p>Providing a record to the media for a news report. (C)</p> Signup and view all the answers

    What is the correct sequence of steps for an individual to follow if they believe there is an error on their Criminal History Record Information?

    <ol> <li>Submit a written complaint to the OPD. 2. Contact the jurisdiction that made the error. 3. File a lawsuit against the OPD. (B)</li> </ol> Signup and view all the answers

    Which of these statements accurately describes the OPD’s procedures for handling sealed Criminal History Record Information?

    <p>Sealed records are not publicly disseminated or acknowledged, except as provided in this policy. (A)</p> Signup and view all the answers

    What are the two primary methods for redacting confidential information on a report?

    <p>Using a black marker and using redaction software. (C)</p> Signup and view all the answers

    What is the main responsibility of the Records Squad, as related to Criminal History Record Information?

    <p>To maintain a record of all requests to view and copy Criminal History Record Information. (B)</p> Signup and view all the answers

    A member of the public is requesting police reports related to a sexual assault case. In order to release the documents, what must the OPD staff ensure is completed?

    <p>The victim's identity and personally identifying information are redacted and kept confidential. (C)</p> Signup and view all the answers

    When a juvenile suspect under the age of 16 is formally charged with a felony by the County Attorney as an adult, what is the exception regarding the release of criminal history record information?

    <p>Criminal history record information can be released to any requesting party. (C)</p> Signup and view all the answers

    Under what circumstances can an OPD employee release unredacted copies of police reports pertaining to a sexual assault case?

    <p>Only when the victim requests it in writing and completes a specific form. (B)</p> Signup and view all the answers

    What is the role of the Court Liaison Squad in the OPD's error investigation process?

    <p>They are responsible for contacting the individual who has made the claim and investigating the error. (C)</p> Signup and view all the answers

    Who has the authority to review investigative and supplemental documents requested by the public or non-criminal justice agencies?

    <p>The Administrative Information Manager or their designee. (D)</p> Signup and view all the answers

    What is the process for investigating and correcting errors in records maintained by the OPD?

    <p>The Court Liaison Squad investigates claimed errors, and if verified, the Administrative Information Manager corrects them. (B)</p> Signup and view all the answers

    If a victim of a sexual assault or sex trafficking incident requests a non-redacted copy of the police report, what must the OPD employee do?

    <p>Verify the victim's identity, have them sign a waiver, and document the identification details. (B)</p> Signup and view all the answers

    When are arrest warrant documents considered public record?

    <p>In most, but not all, cases, with specific exceptions. (B)</p> Signup and view all the answers

    What is the role of the OPD Professional Oversight Bureau with regard to public record requests?

    <p>They are responsible for handling public record requests that are outside of criminal history and OPD report requests. (D)</p> Signup and view all the answers

    Who is authorized to release criminal infraction information and arrest information for misdemeanors and felonies for persons sixteen (16) years of age and older?

    <p>The Administrative Information Manager. (A)</p> Signup and view all the answers

    When an individual is dissatisfied with the action taken regarding a claimed error in their OPD record, where can they appeal the decision?

    <p>The Nebraska Commission on Law Enforcement and Criminal Justice. (A)</p> Signup and view all the answers

    What is the OPD policy regarding the release of sealed records?

    <p>Sealed records can only be released under specific circumstances outlined in this policy. (B)</p> Signup and view all the answers

    In what specific situations can a victim's personally identifying information be disclosed in a sexual assault case?

    <p>When the victim requests a copy of a report where they are the named victim. (B)</p> Signup and view all the answers

    What is the process for requesting to access a specific warrant document?

    <p>Contact the Clerk of the Court with jurisdiction over the incident. (C)</p> Signup and view all the answers

    What is the policy regarding the release of criminal history record information for juvenile suspects sixteen (16) years of age and older?

    <p>The Administrative Information Manager is authorized to release this information upon request. (A)</p> Signup and view all the answers

    What is the primary responsibility of the Records Squad in handling requests for Criminal History Record Information?

    <p>They are responsible for denying all requests for Criminal History Record Information for suspects under 16 unless formally charged with a felony as an adult. (C)</p> Signup and view all the answers

    Flashcards

    Criminal History Record Information Release

    Only OPD Records Squad employees can release this information.

    Customer Services Unit (CSU)

    Unit that handles public requests for criminal history.

    Criminal History Request Form

    A form (OPD Form 166) that must be completed for requests.

    Processing Time

    Requests are processed within 7 to 10 days.

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    Delivery Methods

    Information can be mailed or emailed as .pdf.

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    Request Hours

    Requests honored 0800 to 1600, Mon-Fri except holidays.

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    Outside LEA Requests

    Outside law enforcement agency must verify credentials.

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    Felony Warrant Exception

    Felony warrants can be requested via fax, not phone.

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    NRS §28-711

    Legal requirement for reporting suspected child abuse or neglect.

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    Child Abuse Investigation Teams

    Groups involved in investigating allegations of child abuse or neglect.

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    Department of Health and Human Services

    Agency that assists in child abuse and neglect investigations.

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    Title IX Coordinator

    Designated individual for handling reports of sexual assault and trafficking in schools.

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    Sexual Assault Victim’s Bill of Rights

    Nebraska law ensuring rights for sexual assault victims.

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    Access to Police Reports

    Prosecutors can access police reports relevant to their jurisdiction.

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    Sealed Records Access

    Prosecutors have access to sealed records for prosecution purposes.

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    Unauthorized Access Penalty

    Class IV misdemeanor for unauthorized access to criminal records.

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    OPD Administrative Information Manager

    Designated person controlling dissemination of criminal history information.

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    Deviations from Policy

    Any policy changes must be approved by certain OPD officials.

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    Confidential Information Redaction

    The process of obscuring sensitive information in reports before dissemination.

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    Application for Review of Criminal History

    Form (OPD Form 213) used by individuals to request their criminal history record.

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    Sealed Records

    Records that cannot be publicly shared or acknowledged except under specific policies.

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    Records Squad

    The team responsible for managing requests for Criminal History Record Information.

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    Identity Verification Process

    Steps to ensure the identity of an applicant before accessing records.

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    Positive Identification

    Verification of an applicant's identity before processing requests.

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    Application Submission

    The step for individuals to file for review of their criminal history records.

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    Agency Approval

    Required consent for sharing certain confidential information.

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    Erroneous Entries Verification

    Request to check for errors in an individual's criminal record.

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    Fingerprints Requirement

    In some cases, fingerprints may be taken for identity verification.

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    Notice of Record Review

    Notification to an applicant confirming their review was processed.

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    Request Documentation

    Needed papers to prove identity and support the review request.

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    Public Dissemination Version

    A non-confidential version of records accessible to others.

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    Black Marker Redaction

    Using a black marker to hide confidential information on documents.

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    Three Days to Claim Error

    Individuals have three days to report mistakes in their records.

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    Court Liaison Squad

    Responsible for investigating errors on OPD records and contacting individuals.

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    Unsealed Juvenile Records

    Records of suspects under 18 must be redacted before release.

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    Criminal History Record Information

    Records about criminal history managed by OPD Records Squad.

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    Administrative Information Manager

    Reviews and coordinates the release of investigative documents.

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    Release of Investigative Records

    Requires compliance with laws controlling public record dissemination.

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    Victims' Confidentiality

    Identity and info of victims in cases of sexual assault must be confidential.

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    Exceptions for Victims' Information Release

    Conditions under which victims' identities can be disclosed.

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    Fingerprint Comparison

    A process to verify records using individual’s fingerprints.

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    Redaction Process

    The procedure for hiding sensitive information in records.

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    Victim Waiver

    Request by a victim to release their identity under specific conditions.

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    Release Approval

    Releasing records requires approval from the Chief of Police or designee.

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    Public Records Requests

    Requests for public records must comply with OPD laws.

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    CSU Manual

    Guide for handling warrant requests efficiently.

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    Investigative Documents Review

    Evaluation of documents before sharing with public agencies.

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    Study Notes

    Criminal History Record Information Release Procedures

    • Authorized Personnel: Only OPD Records Squad employees can directly release criminal history information. Public requests go to the Customer Services Unit (CSU). Outside law enforcement agencies (LEAs) contact the Administrative Information Manager or Duty Sergeant.

    • Public Requests (CSU): The CSU requires a completed Criminal History Request Form (OPD Form 166) and payment of a fee. The request is then sent to the Records Squad. Requests are processed within 7-10 days, with the option of mail or email delivery (.pdf).

    • Outside LEA Requests: Requests from outside LEAs for employment checks or investigations are routed through the Administrative Information Manager during specific shifts. Additional verification may be required. Dissemination via telephone is generally avoided. Exceptions include felony warrants requiring fax transmission of the warrant.

    • General Public Phone Requests: Criminal history information is not released via phone to the general public.

    • OPD Employee Phone Requests: Criminal history information is permitted via phone for OPD employees.

    • Record Documentation: The Records Squad documents and maintains a record of all criminal history requests.

    • Confidential Information Redaction: Social Security numbers, credit/debit card data and financial account numbers are never released without authorization.

    • Redaction Process: Reports are copied, confidential information blacked out, and a final copy disseminated. Redaction software can be used.

    Access to Personal Criminal History Records

    • Individual Access Rights: Individuals have the right to access criminal history records maintained by Nebraska agencies. Application must be made to the relevant agency (NRS §29-3525).

    • Application Procedure: Applicants apply via the Records Squad, provide identity verification (including potential fingerprinting), and complete a “Application for Review of Criminal History” (OPD Form 213).

    • Sealed Records: Sealed records are not routinely released. A specific form (OPD Form 213A) is required.

    • Review Procedure: Individuals can review unsealed records. Notes are permitted. No printouts are provided. Individuals can claim errors within 3 days.

    • Error Correction Process: OPD employees forward error claims to the Court Liaison Office for investigation. Correction only occurs if proven. Agencies for outside errors need to be contacted separately to correct that error.

    • Appeals: If unsatisfied with the decision, appeals can be made to the Nebraska Commission on Law Enforcement and Criminal Justice.

    Unsealed Juvenile Records

    • Juvenile Record Redaction: Suspects under 18 have their names redacted from copies of reports unless formally charged as an adult with felony.

    • Age 16 and Older: Criminal infraction and misdemeanor/felony arrest information is released for individuals 16 years and older

    Release of Investigative and Supplemental Records

    • Public Record Requests: Non-criminal history requests are routed to the Professional Oversight Bureau.

    • Review by Administrative Information Manager: Requests for investigative and supplemental documents are reviewed to ensure compliance with public record laws by the Administrative Information Manager or designee.

    • Release Coordination: The release of these records must be coordinated with the OPD Professional Oversight Bureau.

    • Warrants: Arrest and Search Warrant requests are usually directed to the Clerk of Court.

    Confidentiality of Victims in Sexual Assault and Sex Trafficking Cases

    • Redaction Requirement: Records concerning these cases must have victim's identities redacted until allowed release.

    • Victim Confidentiality: Laws protect victim privacy (NRS §29-4316, §84-712.05). Specific exceptions exist concerning confidentiality releases.

    Prosecutors’ Access

    • Prosecutors' Access: Prosecutors have full access to police reports related to their cases. The same access is applied to sealed records that may be necessary to the prosecution.

    • Defense Access: Defense attorneys obtain information via discovery from prosecuting offices and do not receive copies of reports directly from the OPD.

    Violations and Penalties

    • Misdemeanor for Violations: Unauthorized access to, failing to disseminate, or releasing non-disclosable records is a Class IV misdemeanor (NRS §29-3527).

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    Test your knowledge on the procedures for releasing criminal history record information. This quiz covers authorized personnel, public and outside law enforcement agency requests, and the relevant forms and processes involved. Perfect for those in law enforcement or those interested in legal procedures.

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