The Department of Education employee who was the schools chancellor's chief of staff and who was arrested for facilitating a child sex crime had been working with the department for over three years with an incomplete background check.

Department of Investigation Commissioner Margaret Garnett released a statement saying David Hay's application was among a backlog of about 6,000 others whose background checks had not been completed, a backlog that she said existed when she took the post one year ago.

Hay was arrested in Wisconsin on Sunday after an undercover investigation.

He is being charged with using a computer to facilitate a child sex crime.

“Although it is not clear whether a completed background investigation would have revealed information relevant to the current charge against Mr. Hay, the risks presented by this example are exactly why I took immediate steps to reorganize the Background Investigation Unit," Garnett said in a statement.

She went on to add that the hiring agency is also responsible for conducting its own review of candidates.