POLICY ALERT:
New Agent ID Required Fingerprint/Background Check Verification Process Starts Today
Recently, DCR Director Amy Moore gave program updates to MoCann members and industry attendees at our Q4 meetup in Springfield. As part of those comments, she mentioned the upcoming implementation of the new fingerprint/background check requirement law as passed last session by the Missouri legislature. We recently had the opportunity to speak with the DCR team about how this process will work and what has potentially changed in the process since the cannabis industry did this up to the end of medical cannabis in Missouri.
Below are timely details and information from DCR for the fingerprint / background check requirement that goes into effect Dec 2nd in Missouri:
First, please read the revised Agent ID / Fingerprint overview page via DCR:
Similar to the fingerprint process followed before in medical, DCR will resume the agent ID application fingerprint submission requirement on December 2, 2024.
Following receipt of an agent ID application, applicants will receive an email from DCR with the new four-digit code and further instructions, allowing them two weeks to submit fingerprints. To reduce final processing timeframes, applicants should follow the instructions provided to submit fingerprints and notify DCR once completed as soon as possible after receiving the email. Applications are considered incomplete until receipt of fingerprint submission results.
Q & A for Missouri HR leaders and industry licensees related to required fingerprinting procedures:
- Q: Is this the same portal / system / vendor that was utilized during the medical cannabis program?
- A: Yes, the MSHP MACHs system, Identogo is same vendor/system as before when background checks were done during medical cannabis
- Q: When should an applicant start the process?
- A: All individuals who need an agent ID card per rule, including contractors, should begin applying for their cards any time after a facility’s initial commencement inspection has been scheduled or, once a written offer of employment is received from a licensed facility, prior to beginning that employment. At this time, DCR is starting with new agent id applicants (any individual without an active card) and a process for active cardholders is forthcoming.
- Q: How will individuals communicate that the fingerprints have been completed – email? On the website?
- A: Applicants need to reply to the original email with fingerprint instructions/code received from [email protected] con
firming fingerprint submission and providing the TCN transaction number.
- Q: Once DCR starts the processing of active cardholders, what happens if a disqualifying offense is revealed?
- A: If found disqualifying, the cardholder won’t automatically get deactivated. DCR is currently working to provide a reasonable time and process for deactivating an Agent ID cardholder with a disqualifying offense.
- Q: Does DCR have a list of disqualifying felony offenses?
- A: No. The definition in 19 CSR 100-1.010 (25) for a disqualifying felony offense means a violation of, and conviction or guilty plea to, state or federal law that is, or would have been, a felony under Missouri law, regardless of the sentence imposed, unless the offense meets an exception provided in Article XIV of the Missouri Constitution.
- Essentially, a disqualifying felony offense is anything that is a conviction or guilty plea in the state of Missouri or another state unless it meets one of three exceptions. 1.) a non-violent marijuana offense, 2.) non-violent offense more than 5 years ago and there wasn’t incarceration, 3.) if a violent offense or there was incarceration, it must be more than 5 years since release or parole and the applicant can’t have additional offenses within that 5 years. DCR determines a disqualifying felony offense by reviewing the criminal history record and applying the exceptions.
- Q: How much longer will the approval process potentially take with adding the required fingerprint aspect?
- A: Minimum of two-week processing from application submission, give or take. To reduce final processing timeframes, applicants should follow the instructions provided to submit fingerprints and notify DCR once completed as soon as possible after receiving the email. Applications are considered incomplete until receipt of fingerprint submission results. Also, if an out of state background check and non-MO resident, the process could take longer and for those in-state, if they have a longer record or multiple out of state arrests, responses may be delayed.
- Q: Once the Agent ID application is submitted, how do they start the fingerprint process?
- A: As before during MMJ, all applicants start the process using the MSHP MACHS system portal page:
- Q: How much will the fingerprints cost?
- A: The fee set by the FBI and currently is $42.75. Applicants will receive instructions on how to register with the Missouri State Highway Patrol’s Missouri Automated Criminal History system (MACHs) to submit fingerprints to the department will submit electronic payment type at that time. For more information visit www.machs.mo.gov
- Q: What locations will conduct these fingerprints?
- There areOnce registered in the MACHs portal using the four-digit code, the locations for fingerprint services through the state electronic vendor closest to the applicant’s address will be made available. During registration, the applicants is provided location and available times to schedule their fingerprint submission appointment.
- You may also be able to search for nearby locations in advance of your fingerprints using this Identogo location link: There are locations throughout Missouri.
- Q: Why can’t HR managers or licensees have the employee submit fingerprints before application?
- A: Recently, DCR went through an audit with MSHP and FBI regarding MACHS system usage, the audit revealed DCR should not have a background check record they don’t already have an application for. This protects the applicant’s info from being accessed only by those authorized to do so.
- Q: Will HR managers or the licensee receive the full background check from DCR?
- A: No. This is prohibited under federal law.
Additionally, DCR indicated these best practices may also help in expediting your fingerprint verifications:
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Make sure to communicate with those that you are hiring. Making sure that as soon as the applicant gets the email from MACHs with their fingerprint verification, reply back to DCR to confirm the completed application is sitting there.
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For any additional questions, concerns or support from both applicants and HR professionals, please call the DCR call center: 866-219-0165
In Your Service
Executive Director – Andrew Mullins
Associate Director – Melissa Khan
Board Chair – Dena Ladd
