Criminal Background Requirements

Please read this notice carefully.

All persons applying for registration as a mortgage loan broker or officer shall submit proof of a FBI Criminal Background Check to the Department as a part of the application. This record must indicate that there have been no felony convictions within the previous five-year period or no felony or misdemeanor convictions involving fraud at any time. Other felonies will be subject to investigation and registration will be granted on a case by case basis.

Where can I obtain the necessary FBI forms? To obtain the fingerprint cards, check with your local law enforcement agency, the State Police (check www.kentuckystatepolice.org/post.htm for the nearest location in Kentucky), or call the West Virginia office of the FBI at 304-625-3878. If you contact the FBI, ask for the fingerprint card and for information to obtain an identification record check for personal review.

Who will take my fingerprints? Most local law enforcement agencies, county sheriff’s departments, and some city and county police departments, or any state police post may be able to take your fingerprints. In Louisville, the Department of Corrections located at the county jail on Sixth Street handles fingerprinting services for the Jefferson County Sheriff’s Department. Some law enforcement agencies may charge a fee for fingerprinting services. The cost may vary.

What is the cost and where do I send it? Send the completed fingerprint card, a short letter (download sample letter HERE) advising the FBI that the report is desired for personal review, and a certified check or money order, payable to the Treasury of the United States, in the amount of $18 to the address listed below. If all items are not included, the request will be returned to you by the FBI for correction.

Federal Bureau of Investigation
Criminal Justice Information Services Division
SCU MOD D2
1000 Custer Hollow Rd.
Clarksburg, WV 26306

What if my report comes back indicating that the prints are unreadable or indiscernible? If a criminal background report comes back from the FBI indicating that the prints are indiscernible or unreadable, the applicant should have the second set of prints done at the nearest State Police Post and resubmitted to the FBI for processing. If the second report comes back with the same result, then the Department has an affidavit that the applicant can sign before a notary to use for the issuance of the license. All of the original fingerprint cards and reports must be submitted along with the affidavit in order for the affidavit to be valid. If the candidate goes to the State Police Post first and that report comes back unacceptable, then they must have the prints done at one other location. Thus, no license will be issued to an applicant (using an affidavit) unless there have been at least two FBI reports obtained that indicate a failure to read the prints, one of which resulted in the fingerprints being done by the State Police.

Also, we cannot accept a copy of a report that has been done for any other entity or organization. Applicants must have their prints taken and forwarded to the FBI for processing. The original fingerprint card and report must be submitted along with the application for registration.

How long does this process take and how long is the report valid? Approximately 4-6 weeks, upon submission of the fingerprint card to the FBI. Thus, you should apply for the criminal background report at least 6-8 weeks before you plan to submit your application.

The report is only valid for six months.

What should I do if my report is clear? The report will be mailed directly to you. The original report(s) and fingerprint cards must be submitted with the other documents that are required to obtain your registration. Photocopies of the fingerprint card and/or the written report from the FBI are not acceptable.

What happens if I have a conviction that must be investigated? The original report(s) and fingerprint cards must be submitted with the other documents that are required to obtain your registration. Photocopies of the fingerprint card and/or the written report from the FBI are not acceptable. The Department will then require that you complete and submit a Privacy Act Waiver and will begin an investigation into the conviction. Following the completion of the investigation, the applicant will be informed if the application is approved or denied.

If a conviction is noted, how long will the Department’s investigation process take? Approximately 60-90 days depending upon how quickly all of the documents are returned to the Department and the backlog of cases.

If you have further questions, contact the Department.

Kentucky Department of Financial Institutions
1025 Capital Center Drive, Suite 200
Frankfort, KY 40601
Phone: 502-573-3990 or 1- 800-223-2579
Fax: 502-573-0184
Web Site: www.dfi.ky.gov

Download Sample Letter HERE