Question about background checks

[CrimsonSoul]

So my wife has family in Wisconsin and that family is for the most part... "undesirable" people to be around. Anyway her aunt(?) had her children taken away by CPS (thank god) and my and my wife were talking to CPS up there about trying to have her kids given to us until a time that she could get them back (if ever). The question I have is, the CPS person did a background check on me and when my wife talked to her the next time the CPS person said we passed the background check but asked about me CHL and wanted to know if there were any firearms in the house, how they were secured, etc. Anyway, would/should CPS have access to that information via a background check or no? I thought it was only police officers, or is there an exception for CPS workers doing background checks, anyone know? As an aside, it doesn't look like we'll be getting the kids because right now her Aunt has some say in what goes on and won't sign any paperwork for the CPS worker saying it's ok that they stay with us in Texas instead of being in the system like they have been for however many months it's been. So until her rights are completely terminated it seems that we won't be able to get those kids out of the system, and even if/when they are we may not get them. Oh well thems the breaks (we don't need anymore kids anyway lol, but hey family is family).

[alamo5000]

I run background checks for a living.

There are a few agencies that are authorized to run background checks. Some of these will be the police (obviously), prisons, CPS and a few others. CPS can go to your house and take your kids. That is quite a bit of legal authority there, and if I am not mistaken some CPS officers are actually officers with arrest powers.

These are just a few examples...but yes they can look and see if you have a CHL because they all use the same systems as the cops. If for example a cop pulls you over for running a stop sign they can pull your information up and see if you have any outstanding warrants, or other previous arrests, and yes, that you have a CHL.

Again, access is NOT limited to cops and only cops. There are some other branches that have access as well, but all are in some way or another 'need to know' and either directly or somehow related to law enforcement. Border patrol, CPS, prisons, parole departments, and stuff and places like that generally all have access.

[sjfcontrol]

Hmm, I was under the impression (from others on this board) that only DPS officers could tell during a traffic stop if a driver had a CHL. I don't remember, now, if the officer could do this from the license plate number alone, or if he needed the driver's license. Especially since the driver may not be the registered owner.

At any rate, other officers did not have access to the CHL database.

[alamo5000]

Hmm, I was under the impression (from others on this board) that only DPS officers could tell during a traffic stop if a driver had a CHL. I don't remember, now, if the officer could do this from the license plate number alone, or if he needed the driver's license. Especially since the driver may not be the registered owner.

At any rate, other officers did not have access to the CHL database.

As I stated above, I do background checks for a living. DPS sends out representatives to host classes for those other agencies to learn their system.

If you think that only DPS officers have access that is incorrect.

Generally the agencies or departments that have access to the information are police/law enforcement, prosecuting attorneys such as a DA, maybe some people in the judicial branch, probation officers, parole officers, prison or other detainment facilities, etc, and I would assume agencies like child protective services. The term 'law enforcement' is a pretty broad hat.

Generally though even in a particular police department or agency may have access, only a limited number of people have access to background information inside the agencies. Each person has to be cleared individually to have access. I would venture to say that even in police departments large numbers of actual cops don't have access to the system directly. They have to ask a supervisor or someone who DOES have access to run your stuff.

DPS runs the TCIC system in Texas (out of Austin) but they allow other relevant agencies access. There is also a national system that encompasses all the states (this is run out of Arizona) (it links all the other state's systems together), and even one that looks up criminal activity for canadians, and even INTERPOL which is looking for crooks all around. All these different systems have been meshed together so you can access the stuff from one terminal. DPS grants permission to some or all of the records depending on the need of the agency in question.

If a cop looks you up by your license plate, name, social, DL, ID and a bunch of other stuff they can tell if you have a CHL. It might sound on the surface that a lot of people can randomly look, but that is not the case. Not even close. Like I said, usually in PD depts or other things they will have a limited number of people that gain direct access and in many cases, no one. I think this largely depends on which PD you work for.

All this being said, lets say if some cop sees his daughter is dating some kid in town that he doesn't like. If he runs his information for any reason other than than law enforcement purposes... that officer will recieve a straight up class B (at least) and maybe a felony... and anyone else who helped with it will get at least a B and maybe a felony too. Misuse for personal gain is an automatic felony. For example if a local sherriff runs a check on someone because you gave him $50 to do it (for whatever reason)... that is a Felony and odds are that person will go to the big house for it.

Also DPS does audit every single user regularly. They can tell how many and who you looked up 5 years ago in December of 2005 for example.

I should also add that say if po-diddly town in the middle of west texas that has 2 cops and a population of 200...if they abuse the system in any way shape or form DPS will pull their access outright. Punishments are not limited to only the individuals. An entire police department can lose access even.

I can't say it enough.... if a police department has 100 employees maybe 5 people will have access.

If X police department doesn't have access they have to call the neighboring county to run their stuff and they usually have some standing agreement to do that, especially since it has to be ready to go 24 hours a day 7 days a week. Usually in small towns this is what happens, IE they contract with bigger facilities. They will just have an agreement where they call the next biggest town over and they will let them know what they need to know and likewise if you get a criminal warrant from podunkerville, tx, population 50, they can upload your information into the system just as much as they can look you up.

The extent of the people that DPS allows access to is not limited to only cops. I am not a cop and I look at background checks all day long and I see at least a dozen CHL holders every week. Given I work in an agency that is directly attached to law enforcement. If you are on parole, or get put on probation then they will be checking. If you try to apply for a job that warrants this type of background check it will be seen. If you get called to be on a jury, odds are they will run your stuff too. There are any number of scenarios where people can run and find out if you have a CHL.