DCR Implements Required Fingerprint/Background Check Verifications:
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 implementation of the new fingerprint/background check process as passed and mandated last session by the Missouri legislature as statute. 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. Here is some additional information from DCR for the fingerprint / background check requirement that goes into effect Dec 2nd in Missouri:
First, please read through the overview page DCR has posted on this matter here:
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.
FAQ's for Missouri HR leaders and industry licensees related to required fingerpring 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. Fingerprint submissions are required for both new and renewal Agent ID applicants. DCR resumed this requirement as of December 2nd 2024 for agent ID applicants, which includes those who had active applications submitted in the registry system prior to December 2.
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 cannabisinfo@health.mo.gov confirming 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.
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: https://www.machs.mo.gov/MACHSFP/home.html
Q: How much will the fingerprints cost?
A: The current fee set by the FBI is $44.75, but DCR has confirmed this will go to $42.75 as of Jan. 1 2025. 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?
A: Once 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:
- Make sure to communicate with those that you are hiring. Making sure that as soon as the applicant gets the email from MACHs with theri fingerprint verification, reply back to DCR to confirm the completed application is sitting there.
- For any additional questions, concerns or support from both applicants and HR professionals, please call the DCR call center: 866-219-0165