Frequently Asked Questions
* For questions regarding Information Exchange Guidelines, Management Control Agreement Guidelines, Frequently Asked Security Policy Questions, and LEADS Fingerprint Requirements, etc. are found here.
Q. Is LEADS Subject to Public Records Requests?
The short answer: No
The long answer: According to Ohio Attorney General Opinion 94-046, it states:
Ohio Administrative Code 4501:2-10-06 (C) restricts all information contained or processed through the Law Enforcement Automated Data System (LEADS)
to the use of law enforcement agencies and criminal justice agencies for the administration of criminal justice.
Accordingly, records of information contain in or processed through LEADS, including data entered directly into a LEADS data base,
computer tape logs created by LEADS of transactions on LEADS and hard copies of database or other data bases accessed through LEADS,
are not public records subject to disclosure pursuant to O.R.C. 149.43 (B).
Q. Can a Fire Chief Request CCH’s Be Run On Prospective /Permanent Employees?
The short answer: No
The long answer: LEADS Administrative Rule 4501:2-10-06 paragraph (C) states in part:
Messages and/or throughput of any kind accessed through LEADS shall be restricted to the use of duly authorized law enforcement and/or criminal justice agencies for the administration of criminal justice.
The data shall not be sold, transmitted, or disseminated to any non-law enforcement, non-criminal justice agency, or unauthorized person;
except as provided in rule 4501:2-10-03 of the Administrative Code.
A background check of a fire chief candidate, a firefighter candidate, or a current fire department employee does not meet the criteria for a LEADS inquiry.
BCI has a process in place to perform background checks for employment purposes for applicants who are not affiliated with criminal justice or law enforcement agencies.
The process is available on the BCI website.
Additionally, Ohio Revised Code 505.381 describes the process to be used by a fire chief to perform background checks on firefighter candidates.
The same type of process may be used for the Fire Chief Candidate.
Q. What process is used to determine an individual's Ohio driver's license status?
Answer: If an employer is seeking an OL status and has the Ohio license number and/or SSN and name, they can
- Call 614-752-7500 and ask for the OL status,
- Go to ohiobmv.gov → More Services → BMV Records → Unofficial Copy of the Driver Record → Print
- To obtain a certified Ohio Driver's Record, submit a BMV1173 form and mail it in.
Q. Is it permissible for Criminal Justice Agencies to use BMV photos obtained through LEADS for press releases wanted fugitive identification etc… ?
The long answer: BMV photographs may be used for “Criminal Justice Purposes”. (The photograph only with no other LEADS/BMV information attached.) When in doubt, the Criminal Justice agency should work with their legal counsel to confirm the use in question qualifies as defensible “Criminal Justice Purposes” as defined in OAC 4501:2-10-01.
Q. What happens when an employee's CCH comes back "CRIMINAL HISTORY NOT COMPUTERIZED" or when a record states "MORE DATA MAY BE AVAILABLE PER OHIO REVISED CODE SECTION 2953.32 (D) OR (E)"? Can they have LEADS access?
Answer: Ohio Revised Code section 2953.32 (D)(6) specifies that a sealed record may be accessed
"By any law enforcement agency or any authorized employee of a law enforcement agency or by the department of rehabilitation and correction or department of youth services as part of a background investigation of a person who applies for employment with the agency or with the department."
The LEADS Security Policy specifies under 5.12, "If a record of any kind exists, access to CJI shall not be granted until the CSO or his/her designee reviews the matter to determine if access is appropriate."
Any arrest record, regardless of conviction, (including a sealed record),
must be submitted to the LEADS Administrative Staff prior to an individual being granted access to LEADS information.
Q. A coroner wants LEADS printouts to use in completing death certificates.
Can those printouts be given to them?
The short answer: No
The long answer: Coroners may contact the BMV at Ohiodlphotos@dps.state.oh.us to request info on the deceased.
Q. Can a private business obtain a background check on employees through LEADS without an ORI?
The short answer: No
The long answer: Businesses can be directed to http://www.ohioattorneygeneral.gov/Business/Services-for-Business/WebCheck,
the Attorney General's website for businesses to submit fingerprint cards and obtain background check information on employees, such as is required for certain industries.
There they will find a list of locations throughout Ohio where they can obtain fingerprinting and details on how to submit the information.
The phone number to call with questions is: (877) 224-0043.
Q. Is it permissible for an agency to run CCH’s on a witness(s) for the Prosecutor’s Office?
The short answer: Yes
Q: Can a Prosecutor release Criminal Justice Information obtained through LEADS to a defense attorney or defendant?
The long answer: Criminal justice information (CJI) obtained through LEADS routinely becomes a part of investigative case files provided to the county prosecutor for state criminal proceedings.
When a prosecutor determines that LEADS throughput should be given to defense counsel in response to a valid demand for discovery under Ohio Criminal Rule 16, a prosecutor may turn the LEADS throughput over to defendant’s counsel.
The defendant may only have access to the defendant's own CJI. All other CJI obtained through LEADS shall be marked, in accordance with Ohio Criminal Rule 16(C), with "Counsel Only."
In addition, defense counsel shall be advised in writing that "The criminal justice information obtained through the Law Enforcement Automated Data System is protected by federal and state law including,
but not limited to, 28 CFR Part 20, 2913.04(B) of the Ohio Revised Code, and Chapter 4501:2-10 of the Ohio Administrative Code.
Dissemination of LEADS information, other than the defendant's own CJI to the defendant, is considered a misuse of information obtained through the Law Enforcement Automated Data System and will be prosecuted accordingly.
Also, dissemination beyond defense counsel or defense counsel's agents or employees may constitute a violation of Ohio Criminal Rule 16(C) and subject counsel to further disciplinary action."
Q. Can a law-enforcement agency provide LEADS information to a Code Enforcement employee or a Parking Enforcement employee?
The short answer: No
The long answer: LEADS Administrative Rule 4501:2-10-06 paragraph (C) states in part:
Messages and/or throughput of any kind accessed through LEADS shall be restricted to the use of duly authorized law enforcement and/or criminal justice agencies for the administration of criminal justice.
The data shall not be sold, transmitted, or disseminated to any non-law enforcement, non-criminal justice agency, or unauthorized person;
except as provided in rule 4501:2-10-03 of the Administrative Code.
