Background checks used to screen people in crucial occupations may not turn up criminal records because of gaps in the Texas records database, a new state audit shows.
Prosecutors and courts have failed to submit to the state disposition records on about 1 in 4 arrests in 2009, the audit found. While that is a slight improvement from a 2006 audit, it still means agencies doing the checks can't rely on the Department of Public Safety Computerized Criminal History System for complete information, the audit found.Records were missing even for some offenders in prison, the audit found.A key issue: While state law requires courts and prosecutors to submit the information within 30 days of receiving it, no one has power to enforce the law."It is important to note ... that DPS cannot control whether prosecutor offices and courts submit all records because the Texas Code of Criminal Procedure does not provide DPS with the ability to penalize prosecutor offices and courts for not submitting information," the audit says.In recent years, the state has required growing numbers of people to undergo criminal background checks. Included are prospective foster parents, teacher applicants, members of law enforcement, day-care employees, doctors, nurses and real estate agents.The Criminal History System is supposed to include arrest records, prosecutor records showing offenses and charges, and conviction and sentencing information.However, by Jan. 1, prosecutors and courts had submitted disposition records for only about 74 percent of arrests made in 2009, the audit says. Tarrant County had provided disposition records for only about 65 percent, the audit says. Dallas County was at about 73 percent, Parker County 80 percent and Denton County 78 percent.DPS tries to match arrest records with prosecutor and court records so the database includes the disposition of the case. However, it could not do so for at least 65,424 disposition records collected from Sept. 1, 2009, to Nov. 30, 2010, because of errors in the submitted data and the failure of some law enforcement agencies to submit arrest records appropriately, according to the audit.Auditors visited the Tarrant County district attorney's office as well as offices of some other Texas criminal justice agencies to find out why records weren't submitted. Officials pointed to computer problems, saying they may not receive rejection or error notices when the DPS system does not accept records they submit.The officials also told auditors that they cannot submit some records because they lack required arrest incident numbers or state identification numbers. In Tarrant County, for example, 1,730 probation records lacked the state identification number.There could be other reasons that disposition records aren't available for all arrests, Tarrant County district attorney spokeswoman Melody McDonald said."Many people who are arrested never have their cases submitted to the district attorney," McDonald said. "That decision is entirely up to the police departments. We report cases that are submitted and rejected to the DPS. The clerks in Tarrant County report the final dispositions."Auditors also reviewed the records of 21,351 offenders in jail, in prison or on probation who were convicted of crimes and began serving sentences in November. There were no prosecutor or court records in the DPS system for 1,634 of those offenders. Dallas County had the highest number, 215, of offenders without records in the system. Tarrant was missing records on 66 offenders.In response to the audit, DPS officials said they will conduct countywide meetings to foster communication, monitor prosecutor offices and courts, and encourage them to work with arresting agencies to improve data records, among other steps.Staff writers Terry Evans and Lois Norder contributed to this report.Have more to add? News tip? Tell us
