Records - Criminal History Records and OPD Report Dissemination

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Questions and Answers

Which of the following entities is NOT considered a Criminal Justice Agency, based on the provided content?

A police department investigating a crime

A city council conducting a vote on a new law (correct)

A federal probation office overseeing an offender

A municipal court handling a case

According to the policy, who is responsible for overseeing the dissemination of Criminal History Record Information to the public and various agencies?

The Administrative Information Manager of the Omaha Police Department (correct)

The Omaha Prosecutor's Office

The Public Information Office of the Omaha Police Department

The United States Department of Justice

What is the primary purpose of the Omaha Police Department’s policy on criminal history records and OPD report dissemination?

To protect the privacy of individuals by restricting access to sensitive information

To ensure all law enforcement agencies have access to the same information about individuals

To provide the general public with easy access to information about criminal cases

To comply with federal, state, and city rules and regulations regarding criminal justice data (correct)

Consider the following statement: "A record that is sealed should only be disseminated to the public if granted authorization by the court." Based on the provided content, is this statement accurate?

No, sealed records are never disseminated to the public, regardless of court authorization. (D) Signup and view all the answers

Which of the following is considered Criminal History Record Information, as defined in the policy?

Information about the disposition of a criminal case, including the sentence imposed. (A) Signup and view all the answers

The content suggests that the Omaha Police Department is committed to sharing criminal justice information with non-law enforcement agencies. Which of the following is the most likely reason for this?

To provide non-law enforcement agencies with relevant information for their own operations or investigations. (B) Signup and view all the answers

Based on the policy, which of the following scenarios could constitute a violation of the Omaha Police Department’s guidelines for dissemination of criminal history records?

A public information officer releasing a summary of an arrest to the local news media. (C) Signup and view all the answers

Which of the following best summarizes the information provided in the content?

The Omaha Police Department implements a strict confidentiality policy to restrict access to certain criminal history records. (B) Signup and view all the answers

When would OPD release information from an officer's Body Worn Camera (BWC)?

Only when legally required to do so, like when a subpoena is issued by a court (A) Signup and view all the answers

Which of the following entities is considered a non-law enforcement agency for the purpose of access to OPD records?

Metropolitan Utilities District (D), Omaha Public Power District (E) Signup and view all the answers

Which of the following types of records is considered public record and may be released by the OPD Records Squad except for sealed records?

Crash Reports (B) Signup and view all the answers

Under what circumstances will OPD release information about a motor vehicle crash to the public?

Upon completion of the "Report Request Form" (OPD Form 160) for anyone involved (A) Signup and view all the answers

Which of the following, if involved in a motor vehicle crash, is considered eligible to receive "investigative reports"?

An attorney representing a party involved in the crash (B) Signup and view all the answers

How is the release of "Complete Criminal History Record Information" handled by OPD?

It is solely the responsibility of the Records Squad, with no other OPD employees authorized to release this information. (B) Signup and view all the answers

What information is permitted to be released from a motor vehicle crash report according to NRS §60-699?

The age of the operator or owner of the motor vehicle, but not their date of birth. (D) Signup and view all the answers

If a person wants to request access to court records, who should they contact?

The appropriate court system (D) Signup and view all the answers

Which of the following is considered a "public record" according to the OPD guidelines provided?

Photos taken during an arrest for identification purposes (D) Signup and view all the answers

For which records does OPD require a "Notarized Request for Release of Motor Vehicle Crash Investigative Reports" form (OPD Form 213B)?

For requesting investigative reports, not for basic Incident Reports (B) Signup and view all the answers

Which of the following types of records or information is NOT considered a Public Record under OPD’s guidelines?

Intelligence information related to a specific case (A), Internal reports maintained in the OPD’s database (RMS) (B) Signup and view all the answers

When can OPD release information about a juvenile's involvement in a motor vehicle crash?

If a court issues a subpoena requiring the release of the information (B) Signup and view all the answers

If a non-law enforcement agency needs to access records from OPD, what is the general rule?

They should contact the Records Squad for information on how to access records (D) Signup and view all the answers

According to the provided guidelines, what would generally be the first step for a citizen requesting an OPD record?

Completing a “Report Request Form” (OPD Form 160) (A) Signup and view all the answers

Which of the following is NOT a type of public record information that the OPD Records Squad may release to the public?

Information considered to be intelligence or investigative in nature. (B), Information regarding a pending police investigation (D) Signup and view all the answers

What is the procedure for a private citizen to gain access to a crash report from OPD?

A private citizen can request the report by completing and submitting Form 160. (D) Signup and view all the answers

Under what circumstances can a sealed record be released to an individual who has had a record sealed?

The individual must provide a notarized request for a release of sealed information, along with a valid reason for needing the information. (A) Signup and view all the answers

What action must be taken by an OPD employee if they receive a request to purchase an incident report that contains sealed information?

The employee should refer the requestor to the Records Squad at OPD Central Headquarters, without providing any information regarding the record, including the fact that it contains ‘sealed record’ information. (A) Signup and view all the answers

Which of the following is a primary responsibility of the Records Squad in relation to sealed records?

The Records Squad is responsible for disseminating sealed reports and records, verifying the identity and authorization of recipients, and ensuring that no information is released without proper authorization. (C) Signup and view all the answers

In what circumstances can a sealed record be released to a criminal justice agency?

The officer must take necessary steps to verify that the party receiving the information is authorized to receive it, which may include verifying an ongoing working relationship or confirming the agency's fax/email. (C) Signup and view all the answers

Why is it important for OPD employees to be aware of the security setting for each document in the RMS?

Because printed report documents do not have a “sealed” stamp or indicator, and OPD employees need to be able to identify sealed records to prevent unauthorized access. (C) Signup and view all the answers

Which of the following is NOT a situation where an OPD employee would refer a request for a sealed record to the Records Squad?

The request is for a sealed record that is needed for a personal reason, such as a background check for employment. (A) Signup and view all the answers

What is the potential consequence of knowingly releasing information contained in a sealed record in violation of NRS §43-2,108.05?

The individual could be charged with a Class V misdemeanor and could face a fine and/or imprisonment. (A) Signup and view all the answers

Which of these is a way that warrants are identified in the Douglas County Mainframe (IMS) system?

Warrants are highlighted in red on the Past Record Selection screen, but only the warrant itself is highlighted, not the entire line. (E) Signup and view all the answers

Study Notes

Omaha Police Department (OPD) Records Policy

OPD follows DOJ, State of Nebraska, and City of Omaha rules regarding Criminal Justice Information Systems.
The Administrative Information Manager (or designee) handles dissemination of police reports and criminal history to law enforcement, non-law enforcement, and the public.
Sealed records are not released publicly unless permitted by policy.
Public record requests outside of this policy go to the OPD Public Information Office (PIO).

Definitions

Criminal History Record Information: Information about individuals from criminal justice agencies (e.g., arrests, charges, dispositions, supervision).
Criminal Justice Agency: Entities administering criminal justice (courts, agencies).
Law Enforcement Agencies (LEAs): Local, county, state, and federal agencies enforcing laws (e.g., other police agencies, prosecutor's office, corrections).
Non-Law Enforcement Agencies: Agencies not responsible for law enforcement (e.g., CPS, insurance, news media).

Public Record Dissemination (OPD Records Squad)

General: Non-investigative OPD reports and criminal history are not public records requests generally, but may be released by the Records Squad.
Criminal History: Released fully, excluding intelligence/investigative information.
Warrants/Fugitives: Warrant info, posters, and Crime Stopper requests. Basic info may be provided by other units; all other history requests go through the Records Squad.
Original Records: Police arrest records, incident reports, and property loss forms (except sealed).
- Copies of reports are available in press room/CSU for news media.
Crash Reports: Released to involved parties or their representatives (e.g., attorney, insurance) using OPD Form 213B. Public requests using Form 160.
- Crash reports may be sealed if a fatality, city employee involved, pending investigation/prosecution.
- Requests may include bodycam/MVR videos (require subpoena).
- Crash report age (year of birth) may be released. License numbers are not released. Public inspection only includes reports made by law enforcement to other law enforcement (not by the driver).
Court Records: Directed to the relevant court system.
Traffic Offenses: Requests directed to the Department of Motor Vehicles.
OPD Internal Databases (IMS, RMS): Not public record, not considered complete criminal history.

Sealed Records

Identification: Sealed records are highlighted in red in the past record selection screen.
Dissemination: Records Squad is solely responsible for releasing sealed reports.
Restrictions: Sealed records not available at precincts.
Request Procedure: Requestor needs a signed OPD Form 213A requesting a review/copy of a sealed report.
Exceptions: Sealed records may be released to other criminal justice agencies following appropriate verification.

Access and Costs

Report purchase: Use OPD Form 160 for incident reports and mugshots.
Report tracking: CSU staff tracks requests for reports not immediately available.

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Description

This quiz provides an overview of the Omaha Police Department's policies regarding the dissemination of criminal records. It covers important definitions and guidelines related to criminal history and the roles of various agencies involved in law enforcement. Test your knowledge of these regulations and protocols.