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'?

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

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

The Nebraska Department of Education (D) Signup and view all the answers

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

A prosecutor preparing for a trial (F) Signup and view all the answers

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

An OPD Deputy Chief or Chief of Police (A) 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?

A (C) 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?

Both A and B (D) Signup and view all the answers

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

The City of Omaha Prosecutor's Office or Douglas County Attorney's office (C) 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?

The requesting party should be directed to the OPD Administrative Information Manager or designee during specific shift hours. (C) 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?

It is prohibited under all circumstances. (C) Signup and view all the answers

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

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

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

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

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

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

What format can be used to receive criminal history information?

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

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

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

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

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

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

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

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

A completed and signed "Notarized Request for Release of Sealed Information – Juvenile/Adult Records" form (OPD Form 213A). (D) 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?

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

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

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) Signup and view all the answers

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

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

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

Individuals are only permitted to take personal notes of their record, and no printouts will be provided. (C) 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?

To release details of an arrest to news media. (D) 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?

Adequate documentation to establish their identity. (C) 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?

Submit a written complaint to the OPD within three days of reviewing the record. (B) 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?

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

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

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

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

Providing a record to the media for a news report. (C) 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?

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

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

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

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

To maintain a record of all requests to view and copy Criminal History Record Information. (B) 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?

The victim's identity and personally identifying information are redacted and kept confidential. (C) 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?

Criminal history record information can be released to any requesting party. (C) 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?

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

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

They are responsible for contacting the individual who has made the claim and investigating the error. (C) 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?

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

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

The Court Liaison Squad investigates claimed errors, and if verified, the Administrative Information Manager corrects them. (B) 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?

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

When are arrest warrant documents considered public record?

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

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

They are responsible for handling public record requests that are outside of criminal history and OPD report requests. (D) 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?

The Administrative Information Manager. (A) 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?

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

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

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

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

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

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

Contact the Clerk of the Court with jurisdiction over the incident. (C) 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?

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

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

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) 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.