Law Enforcement Background Check

LAW ENFORCEMENT BACKGROUND CHECK AUTHORIZATION AND RELEASE

This Law Enforcement Background Check Authorization and Release (the Agreement) is entered into as of by and between Applicant Name: (Applicant), and Requesting Agency Name: (Agency). Applicant and Agency are collectively referred to as Parties.

RECITALS

WHEREAS, Agency requires a comprehensive background investigation of Applicant to determine Applicant's suitability for assignment, employment, accreditation, access to facilities, or other positions involving law enforcement responsibilities; and

WHEREAS, Applicant seeks to authorize release and exchange of information necessary for Agency to conduct a law enforcement background check, including criminal history, fingerprint records, driving records, investigative files, and personnel-related records to the extent permitted by law; and

WHEREAS, the Parties desire to set forth the terms under which Applicant authorizes the collection, release, retention, and dissemination of background information and to establish Applicant's release and indemnity obligations related to such investigative activity.

NOW THEREFORE, in consideration of the mutual covenants contained herein and other good and valuable consideration, the Parties agree as follows:

1. AUTHORIZATION

Applicant hereby expressly authorizes Agency, its representatives, law enforcement entities, other governmental and private entities, and third-party vendors retained by Agency to obtain and review any and all records and information concerning Applicant that pertain to the purpose of the investigation. Applicant authorizes the release of such records to Agency and its authorized agents for the purposes described in this Agreement, including but not limited to criminal history checks, fingerprint identification, driving records, internal affairs records, employment and education verification, and other public safety related records.

2. SCOPE OF INVESTIGATION

The scope of the background check shall include, to the fullest extent permitted by law, the following categories (select all that apply):

Criminal history / convictions Fingerprint identification Sex offender registry

Driving record / motor vehicle reports Internal affairs / misconduct investigations Employment and education verification

The investigation may be performed at the local, state, or national level and may include checks of public and non-public record systems to the extent permitted by applicable law.

3. IDENTIFYING INFORMATION

4. RELEASE, WAIVER AND INDEMNITY

Applicant releases, discharges and holds harmless Agency, its officers, employees, agents, contractors, and any person or entity providing information to Agency from any liability arising from the collection, dissemination, or use of any information obtained pursuant to this Agreement, including liability for defamation, invasion of privacy, negligence, or any other claim related to lawful investigation activities. Applicant waives any claim based on failure to obtain certain records or on the accuracy of third-party information obtained in good faith.

Applicant further agrees to indemnify and hold Agency harmless against any loss, expense, or claim, including reasonable attorneys’ fees, arising from Applicant's misrepresentation, failure to disclose material information, or breach of the covenants of this Agreement.

5. CONFIDENTIALITY AND LIMITS ON USE

Information obtained pursuant to this Agreement is confidential and shall be used solely for the authorized purposes set forth herein. Agency may disclose investigative findings only to persons with a legitimate need to know, including hiring authorities, appointing bodies, and supervisory personnel. Unauthorized dissemination of investigative records is prohibited and may be subject to discipline or legal penalty under applicable law.

6. CORRECTION AND CHALLENGE

Applicant has the right to challenge the accuracy of any record disclosed to Agency and to request correction in accordance with applicable law. To initiate a challenge, Applicant shall provide written notice to Agency at the notice address set forth below identifying the disputed record and the basis for the dispute.

7. FEES

Applicant acknowledges that the background check may require fees for fingerprinting, national database queries, or other third-party vendor services. Applicant shall indicate responsibility for payment below:

Applicant to pay fees Agency to pay fees Third party to pay fees

8. COMPLIANCE WITH LAW

The Parties shall comply with all applicable federal and state statutes, regulations, and local ordinances governing background checks, privacy, record sealing, and record retention. Nothing in this Agreement shall be construed to authorize Agency to obtain records or to disseminate information in a manner prohibited by law.

9. NOTICES

10. AMENDMENT; WAIVER; COUNTERPARTS

This Agreement may be amended only by a writing signed by both Parties. No waiver of any provision shall be effective unless signed in writing. This Agreement may be executed in counterparts, each of which shall be deemed an original and all of which together constitute one instrument. Facsimile or electronic copies of signatures shall be deemed originals for all purposes.

11. GOVERNING LAW; ENTIRE AGREEMENT; SEVERABILITY

This Agreement shall be governed by and construed in accordance with the laws of the state in which Agency maintains its principal place of business, without regard to choice-of-law principles. This Agreement constitutes the entire agreement between the Parties with respect to the subject matter hereof and supersedes all prior negotiations and understandings. If any provision of this Agreement is held invalid or unenforceable, the remainder of the Agreement shall remain in full force and effect.

12. CERTIFICATION BY APPLICANT

Applicant certifies under penalty of perjury that the information provided in connection with this background check is true, correct, and complete. Applicant understands that intentional misrepresentation or omission of material facts may constitute grounds for denial of appointment, termination of employment, or other adverse action.

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