NMLS Criminal Background
NMLS Criminal Background
Check Overview
Outline
• Overview of CBC Process
• How MLO requests CBC (why part of MU4, etc.)
• How to get fingerprinted (Livescan vs. Cardscan)
• Timeframes/Situations for CBC and results
• Results posting to NMLS
• Name Check
Criminal Background Check (CBC)
• As required by the SAFE Act Sec. 1505(a)(1) Mortgage
Loan Originators must submit fingerprints to NMLS for a
i i
l hi t
b
k
d h
k
criminal history background check
• Only MU4 individuals at this point
• Only MU4 individuals at this point
• Requested in conjunction with MU4 filing
• ONLY REGULATORS CAN SEE CBC RESULT
INFORMATION
Detailed Process (post MU4 filing)
Live
BCAS
1.Electronic prints, Individual’s Name 2. BCAS requestsauthorization to process the fingerprint record.
Scan
Vendor
BCAS
Background Check Automation System Individual s Name, NMLS ID, DOB and PIN are sent from the vendor to BCAS.4. Electronic print and demographic info is sent
6. Results of the CBC are sent from BCAS to NMLS.
3. NMLS authorizes processing of the fingerprint record. from BCAS to the FBI for
CBC.
NMLS
FBI
5. Results of the CBC are sent from the FBI to BCAS (Results can be: Clear, RAP, Illegible). In the event there is a status of
FBI
the event there is a status ofRAP the details RAP sheet will also be sent.
CBC Statuses
Below is a list of the CBC request statuses that display in
Composite once the request is submitted:
• Pending Fingerprints - An individual submitted a request to conduct a criminal background check but has not yet submitted fingerprints.
• Processing Fingerprints - An individual background check is being performed by using the “fingerprint card” method for the individual. • Processing Name Check An individual background check is being • Processing Name Check - An individual background check is being
performed by using the “Name Check” method for the individual. This is done manually by FINRA Operations personnel.
• Closed - Criminal background check has been completed successfully and has resulted in a Results Received, Rejected or Illegible.
• Expired - No fingerprint record was received in association with the • Expired - No fingerprint record was received in association with the
CBC Fingerprint Statuses
Fingerprint Result Statuses
• Illegibleg - fingerprints did not meet the minimum quality requirements of g p q y q the FBI.
• Rejected - fingerprint not processed by the FBI due to missing information (RARE)
information. (RARE) • Result Received
o RAP - individual’s fingerprints produced a match against the FBI
database and a RAP (Record of Arrest and Prosecution) sheet was returned.
o Clear - individual’s fingerprints did not produce a match against the
o Clear individual s fingerprints did not produce a match against the
FBI database and the individual is considered to have no criminal record.
Inconclusive more than one potential match found during Name
o Inconclusive - more than one potential match found during Name
CBC Roles for Regulators
The following roles have been added for regulators:
•
View Criminal Background Check Result Status - this role
allows the user to view the result of a criminal background check
for any individual that has an active license/registration in the
regulator’s jurisdiction
• View RAP Sheet - this role allows the user to view the Record of
Arrest and Prosecution (RAP Sheet), that was returned by the
FBI, of any individual that has an active license/registration in the
regulator’s jurisdiction
CBC Notifications
The following notification has been added for regulators:
RAP received for a previously cleared individual - The result of
an individual’s CBC is updated from clear to RAP (Regulator)
Please note in order to receive this notification the recipient must
have one of the CHRI roles
).
CBC License Items
New license items have been added to the system and are
categorized as:
• Non Enforced - when the license item is set it does not trigger a
completeness check, to submit a CBC Request, on the next MU4
p
q
submitted
o Federal CBC Required - Existing License
o State Criminal Background Check
• Enforced - when the license item is set it does trigger a
completeness check, to submit a CBC Request, on the next MU4
co p ete ess c ec , to sub
t a C C
equest, o t e e t
U
submitted
o Federal CBC Required - New License
CBC License Items (cont.)
The four new license items are :
• Federal Criminal Background Check Required New License:
• Federal Criminal Background Check Required - New License:
set by the system
when a new license is requested, cleared by
system when a status of RAP or CLEAR is returned from the FBI
• Federal Criminal Background Check Required - Existing
License:
set by the system or regulator
, clears by the system
when a status of RAP or CLEAR is returned from the FBI
when a status of RAP or CLEAR is returned from the FBI
• Federal Criminal Background Check Required:
set and cleared
onl b the reg lator
only by the regulator
• State Background Check:
set and cleared only by the regulator
if
10
something above and beyond the Federal CBC is needed
Reports for CBC
Description of Report Impacted Users
Active License Items Report – allows users to identify all active license items for all license types as of the current date. This report will have a filter to limit the report results to a specific requirement or deficiency type.
Company, Regulator Criminal Background Check Report – allows users to identify individuals who have
successfully completed a criminal background check as of a user specified date.
Company, Regulator
