In addition to the information that you obtain from a prospective hire and people acquainted with him or her, you may have reason to do additional background checking. There are a number of sources for information. It's prudent to check the credit of a person who'll handle large amounts of cash, or to check the driving record of someone who's going to drive business vehicles. Here are some of the types of information you can get from third parties.

Credit reports. Several consumer credit reporting agencies make credit reports available for a fee. If a credit report is appropriate, here’s what you must do to comply with the federal Fair Credit Reporting Act:

• Provide notice to the applicant that a report may be requested. This notice must be a separate document dealing exclusively with the consumer credit report issue. It can't be part of a job application form. We recommend that you develop a separate notification document with a place for signature and date. Give this document to applicants at the same time they complete an employment application.
• Obtain written authorization from the applicant. Keep the signed form on file with the application; it will establish your compliance with the notice requirement.
• Certify to the consumer credit reporting agency that you'll follow the required procedures and use the report for a permissible purpose.
• Provide a copy of the report; along with a summary of the individual’s credit rights, to the employee before taking any adverse action based on the report. The person must be given an opportunity to review a credit report if a decision not to hire is made based on the report.
• Federal law requires credit-reporting agencies to provide a copy of the consumer credit rights notice with each credit report obtained for employment purposes. You may want to consider providing a copy of the summary of rights along with the notice that a credit report may be obtained, at the beginning of the screening process.
• Effective June 1, 2005, the Fair and Accurate Credit Transactions Act requires employers to destroy all papers or computer disks containing personal information derived from a consumer report before it is discarded.
• Some states also have laws relating to the use of credit reports in employment situations. If compliance with a particular state law would violate the federal rules (that is, provide less protection), then that state law is preempted by the federal rules, and employers need not comply with it. The federal rules set forth the minimum that you must do.
• An employer may not discriminate in the hiring or promotion process solely because an individual has:
  • sought bankruptcy protection, or
  • been insolvent before seeking bankruptcy protection, or
  • not paid a debt that is dischargeable in bankruptcy.

This doesn't stop you, however, from rejecting particular candidates whose records indicate financial irresponsibility if a position requires financial honesty and aptitude.

Driving records. If a job requires an employee to drive, check the applicant’s driving record, and verify his or her identity, with the state department of motor vehicles. Generally, states keep records of all traffic violations (for a limited time, such as three or five years), driving-related offenses, and identifying information contained on the license.

Some states charge for checking records. You may have to use a DMV form for the request. Call before you send a request to find out what’s required. If there is no official form, here's a sample letter for requesting information.

Criminal records. You need to protect your business from liability by doing criminal checks on applicants who:

• will be bonded because of access to money or valuables
• carry a weapon
• drive a company vehicle
• have access to drugs or explosives
• have access to master keys
• have substantial contact with the public, patients, or children
• will be filling a position that requires a criminal record check under state law

Keep in mind that if you do check criminal records and the result is an adverse impact on minority applicants, you might be charged with violating applicants’ civil rights.

Some state laws prohibit employers from considering certain criminal records in making employment decisions. Other state laws require certain employers to perform criminal checks. Some states have both. Some of these states permit record checks when employers are considering applicants for jobs that involve providing health care or being in contact with minors or senior citizens and at the other extreme, some states have no laws regarding your ability to check criminal records. Check the map at the bottom of this document to see what your state laws provide regarding criminal record checks.

The easiest way to check conviction records is to have a private detective agency do it for you. You can also do it by communicating directly with:

• the state's central repository of records
• state and local criminal agencies or departments of justice
• any county in which the applicant may have been living
• the state's department of motor vehicles, for records of driving-related convictions and violations
• the Federal Bureau of Investigation

You should note that routine checking of arrest records isn't permitted. Generally, applicants don't even have to disclose any information concerning arrest or criminal charges that did not result in conviction.

Select a state from the map below to get information on that state's laws regarding criminal record checks:

Criminal Record Checks in Alaska    choose another state

Prior to the issuance of a teaching certificate by the education department, applicants are required to undergo a criminal background check. Persons applying for a license to drive a school bus for the public school system must submit information sufficient to complete a background check, including a fingerprint check. National criminal history checks are required for determining a person's qualifications for a license, permit, registration, employment, or position. Nursing homes and assisted living homes may not employ an individual unless the individual, before beginning employment, provides to the facility (1) a sworn statement as to whether he has been convicted of an offense listed in the department's regulations, (2) the results of a name-check criminal background investigation that was completed by the Department of Public Safety no more than 30 days before he is hired, and (3) two full sets of his fingerprints. The facility must submit the fingerprints to the Department of Public Safety within 30 days after hiring, to be sent to the Federal Bureau of Investigation for a national criminal history record check.

Criminal Record Checks in Alabama    choose another state

In Alabama, criminal history background checks are required for employees of public and non public schools and licensed or approved child and adult care facilities.

Criminal Record Checks in Arkansas    choose another state

Criminal record checks are required for employment in counseling, psychology, social work, teaching, nursing, long-term care facilities (operators and employees), persons with direct contact with children, mentally ill and developmentally disabled persons, care for the elderly and individuals with disabilities, employment with a state agency involving contact with children, child welfare agencies and employment of criminal offenders. All employees or conditional employees in licensed child care facilities or facilities operating with a church-operated exemption will be matched against records maintained by the Arkansas child abuse central registry for reports of child maltreatment. The background checks must occur prior to hire and every two years after hire. The child care facility review board may deny a license or church-operated exemption to any applicant found to have any record of child maltreatment. In the event that a legible set of fingerprints cannot be obtained after a minimum of three attempts, the review board will determine eligibility based on a name check. In addition, without proof of rehabilitation, no person is eligible to be a child care facility owner, operator or employee in a licensed or church-operated exempt facility if that person has been found guilty of any of a list of felonies or misdemeanors involving violence or sexual misconduct. Mandatory criminal background checks are required for ElderChoice providers--individuals and entities that provide services in the homes of individuals and that are designated by the state Division of Aging and Adult Services as ElderChoice providers. In addition, criminal background checks are mandated for persons who provide care to the elderly or to individuals with disabilities, when the workers are placed by a private placement agency or contract staffing agency. The private placement or contracting agency is responsible for initiating the criminal background check. Persons seeking expungement of their criminal records are required to provide information on any pending felony charges. A person may be disqualified for employment, licensure, or any other purpose for which a background check is conducted if it is determined that the person committed a violation of any sexual offense under state law. Registered sex offenders are prohibited from engaging in employment that requires interaction with children.

Criminal Record Checks in Arizona    choose another state

Criminal records checks are required for persons employed in the following agencies and programs: (1) juvenile offender programs; (2) children's behavioral health programs; (3) developmental disability contract providers and home- and community-based service providers; (4) child care facility license applicants, employees and volunteers; (5) child care group home certificate applicants, employees and volunteers; (6) shelters for victims of domestic violence; (7) residential and nursing care institutions and home health agencies; and (8) school district certificated personnel, noncertificated personnel and people who are not paid district employees, information technology personnel. Fingerprinting is required for criminal background checks as a condition of employment in the following: juvenile delinquent probation officers; noncertificated personnel initially hired by any school district; school officers and employees of the state school for the deaf and blind; children's behavioral health services employees; child care personnel; day care group home personnel; state-employed juvenile correction facility employees; corrections officer and employees; social service officers and employees; and child care good program employees. If a home health agency changes ownership through a sale, lease or the operation of law, a person is deemed to be employed by the same employer for purposes of the fingerprinting and criminal background check requirements if that person remains employed.

Criminal Record Checks in California    choose another state

In California, employers are not only restricted from asking an applicant about any arrest that did not result in a conviction, but are also prohibited from seeking the information from any other source. Further, state law prohibits employers from using the information as the basis for making employment decisions about applicants, except that an employer may deny employment to an applicant with a criminal record if there is a legitimate business purpose for doing so. Employees and job applicants may be asked about an arrest for which the person is out on bail or on his or her own recognizance pending trial. Employers may inquire about arrest records when applicants are applying for criminal justice positions, to operate businesses on public lands and for jobs with access to patients, drugs or medication. Employers may obtain conviction and arrest records from the Department of Justice for any prospective employee who applies for a license, employment or volunteer position that would involve supervisory or disciplinary power over minors and others. Employers are required to inform parents or guardians, at least 10 days prior to the start date, of prospective employees or volunteers who have a criminal record reflecting sexual offenses, revealed through a criminal background check with the aid of fingerprints, and will have supervisory or disciplinary duties over minors. Other fields where criminal background checks are required are education, health care and security. Fingerprinting and criminal history background checks are required, but employers may not seek information about an applicant's arrests that did not result in conviction. Telephone corporations must perform background checks on applicants for employment. Fingerprinting is required in California of those whose contact with community care facility clients and children in day care facilities may pose a risk to the health and safety of the clients or children. Fingerprints may also be requested from an applicant for employment or from a director, officer or employee of a bank, holding company or bank subsidiary for purposes of discovering the existence and nature of any criminal records, but only with the consent of the person affected. The Electronic Recording Delivery Act of 2004 specifies that a person can not be a computer security auditor or be granted secure access to an electronic recording delivery system if he or she has been convicted of a felony, has been convicted of a misdemeanor related to theft, fraud or a crime of moral turpitude, or if he or she has pending criminal charges for any of these crimes. All persons entrusted with secure access to an electronic recording delivery system must submit fingerprints to the Attorney General for a criminal records check.

Criminal Record Checks in Colorado    choose another state

Employers may not require an applicant to disclose any information contained in sealed arrest or criminal records. Colorado has laws pertaining to criminal background checks for employment for nonpublic schools, education boards, public school districts, nurses aides, child care centers, nursing care facilities and emergency medical technicians. Special rules apply to the employment of persons convicted of offenses involving moral turpitude. Nursing care facilities or persons seeking employment at a nursing care facility are authorized to obtain the required criminal background check on the applicant through the state bureau of investigation or through a state-authorized private enterprise that provides criminal background checks. In either case, a criminal background check must be conducted not more than 90 days prior to an applicant's employment.

Criminal Record Checks in Connecticut    choose another state

Criminal history records checks are required for prospective employees of child day care centers or group or family day care homes. Persons may not be disqualified from employment by the state or from any business licensed by the state solely because of a prior conviction of a crime. Records of arrest that are not followed by a conviction, or records of conviction that have been erased, cannot be used by the state in connection with an application for employment or licensing. A health care facility cannot discriminate or retaliate in any manner against an employee because the employee submitted a complaint or initiated or cooperated in an investigation by or proceeding before a governmental entity relating to the care or services by, or the conditions in, the facility. Permissible practices.--Employment may be denied because of a prior conviction of a crime if the following factors led to a determination of unsuitability: the nature of the crime and its relationship to the job applied for, the degree of the person's rehabilitation; and the time elapsed since the conviction or release.

Criminal Record Checks in District of Columbia    choose another state

In the District of Columbia, it is unlawful for any person to require the production of any arrest record at the expense of the person to whom the record relates. The Criminal Background Checks for the Protection of Children Act of 2004 requires that an applicant who is under consideration for paid employment by a covered child or youth services provider; an applicant who is under consideration for voluntary service in an unsupervised position by a covered child or youth services provider; an employee of a covered child or youth services provider; and a volunteer who serves a covered child or youth services provider in an unsupervised position must be notified of and required to undergo criminal background checks unless the individual has an active federal security clearance.

Criminal Record Checks in Delaware    choose another state

Criminal background check laws cover employment in public schools, child care facilities, health facilities, home health agencies, nursing homes, security guards, private investigators, ambulance attendants, emergency medical technicians, paramedics, and correction employees. No employer that operates a health care facility or child care facility may hire a job applicant without requesting and receiving a Child Abuse Registry check and an Adult Abuse Registry check on that person. A signed statement must be obtained from a job applicant authorizing a full release of information provided by the Child Abuse Registry and the Adult Abuse Registry. If circumstances warrant, a person may be hired conditionally after the employer requests a Child Abuse Registry check and Adult Abuse Registry check but before the results of the checks are received. Violators are subject to a civil penalty of not less than $1,000 or more than $5,000 for each violation. No employer that operates a nursing home or a home health agency or a management company or other entity that contracts to operate a nursing home or a home health agency may hire an applicant without obtaining a report of the person's entire criminal history record from the State Bureau of Identification and a report from the Department of Health and Social Services regarding its review of a report of the person's entire federal criminal history. A background check may be conducted on a current employee of a nursing home or temporary agency, a home health agency or a self-employed care giver when there is reasonable suspicion that the employee has been convicted of a disqualifying crime.

Criminal Record Checks in Florida    choose another state

Anyone in Florida who has had a criminal record sealed may lawfully deny the events covered by the sealed record, except when the person applies for a job with a criminal justice agency or is a candidate for admission to the Florida Bar; seeks a license or employment working under the auspices of the Department of Children and Family Services or the Department of Juvenile Justice, or to be employed or used by such a contractor or licensee in a sensitive position having direct contact with children, the developmentally disabled, the aged, or the elderly; or as a licensed teacher or child care worker. Criminal background check laws cover employment for school district employees, substitute teachers, service provider personnel who have direct contact with unmarried minor and developmentally disabled clients, crisis stabilization units, residential treatment facilities, residential treatment centers for children and adolescents, birth centers, abortion clinics, hospitals, ambulatory surgical centers, mobile surgical facilities and private utilization review agents, nursing homes, home health agencies, nurse registries, adult day care centers, hospices, clinical labs, multiphasic health testing centers, fire safety inspectors and firefighters, law enforcement and corrections officers, financial institutions, public officers and employees who hold positions of special trust or sensitive location and seaport employees. The Florida Department of Law Enforcement may require fingerprinting for criminal background investigations of state lottery vendors, retailers and employees. The salaried staff and volunteers of nonprofit centers that make after school hours for children more productive may be required to submit fingerprints for background checks as a condition of employment. Upon employment, noninstructional personnel hired to fill positions requiring direct contact with students in any district school system must file a set of fingerprints with a law enforcement officer or district person authorized to take fingerprints. The employee is on probation until a criminal background check is completed. Fingerprinting is required as part of the certification process for teachers and substitute teachers. State agencies must designate the positions that they consider sensitive enough to require a background check that includes fingerprinting as a condition of employment. Alcohol and drug treatment resource personnel must submit a set of fingerprints for a criminal background check within five days after starting work. Fire safety inspectors, fire fighters, law enforcement, correctional officers and probation officers must submit fingerprints for criminal background checks.

Criminal Record Checks in Georgia    choose another state

Employees of private detective and security agency license holders in Georgia must be fingerprinted. Before an applicant may become an employee of any daycare facility, a record check application--including fingerprinting--must be submitted. Before an applicant may become an employee of any nursing home, a criminal record check must be requested from the Georgia Crime Information Center. A nursing home must not employ a person with an unsatisfactory determination. Accompanying any application for a new license for a personal care home where residents reside, the applicant must furnish to the Department of Human Resources a records check application for the director and each employee of the facility. Employers may require that new or current employees who supervise children submit to a criminal records check. The Georgia Crime Information Center is authorized to provide records related to prosecution of certain first offenders if the person who is the subject of the inquiry has applied for employment caring for minor children or elderly, mentally ill, or mentally retarded persons and was prosecuted for one of a list of specified offenses.

Criminal Record Checks in Hawaii    choose another state

Hawaii has criminal background check laws for employment for public and private schools, adult foster and developmental disabilities homes, child care facilities and institutions, youth correctional facilities, correctional facilities and the insurance business. Staff members and prospective staff members of correctional institutions in Hawaii must undergo criminal history record checks. They must submit a statement under penalty of perjury indicating whether they have ever been convicted of a crime, other than a minor traffic violation, consent to a records check and be fingerprinted. Youth correctional facility staff members and new staff members must be fingerprinted within five working days. A person may not provide or be hired to provide armed security services at airports without consenting to a criminal history records check, including a fingerprint check. The department of education and private schools may consider criminal convictions in determining whether a prospective employee is suited to working in close proximity to children. Employees and applicants for certain education positions are required to undergo fingerprinting and a criminal history record check. Similarly, hospitals, nursing homes, home health agencies, and other health care facilities are permitted to consider criminal records in determining whether or not an employee or prospective employee is properly suited to working in close proximity to vulnerable patients. Hawaii allows employers to inquire about and consider an individual's criminal conviction record in the process of making a decision about hiring. The investigation may go back 10 years, but may only be made after a conditional job offer has been extended. If a conviction record bears a rational relationship to the duties and responsibilities of the position, the conditional job offer may be withdrawn. The criminal conviction (not arrest) records, going back 10 years, of current employees may be checked when making a decision about termination or the terms, conditions or privileges of employment, if a conviction bears a rational relationship to the duties and responsibilities of the position. Employers are prohibited from discriminating against individuals based on arrest and court records. In Hawaii, as part of a criminal background check, applicants to operate a child care facility and their prospective employees must submit fingerprints.

Criminal Record Checks in Iowa    choose another state

The criminal records check employment laws in Iowa pertain to the employment of personnel in child care and dependent adult care facilities. Prior to employment of a person in a facility, the facility must request that the department of public safety perform criminal and dependent adult abuse, and child abuse record checks of the person in Iowa. This requirement applies to home care, hospices, assisted living facilities, and elder group homes.

Criminal Record Checks in Idaho    choose another state

Idaho has criminal background check laws for employment for school district personnel, child care centers, personal care centers, healthcare providers and lottery workers. Each school district may require all persons hired for the first time or who have been in the employ of the district for five years or less to undergo a criminal history check. Persons who have been convicted of a felony will be subject to immediate termination or other action. Persons employed for more than five years may be required to undergo criminal history checks. The Idaho securities act registration requirements for broker-dealers, salespersons and investment advisors include the submission of fingerprints, unless waived, to the Director of Finance. Applicants to the state board of nursing for original licensure or reinstatement are required to submit to a fingerprint-based criminal history check. Effective May 2005, Idaho adopted the National Crime Prevention and Privacy Compact.

Criminal Record Checks in Illinois    choose another state

In Illinois, it is a civil rights violation for any Illinois employer to inquire about or to use arrest information or criminal history record information that has been ordered expunged, sealed or impounded as a basis for refusing to hire or for segregating employees or as a basis for decisions regarding recruitment, hiring, promotion, renewal of employment, selection for training or apprenticeship, discharge, discipline, tenure or terms, privileges or conditions of employment. State agencies, local governmental units and school districts and private organizations may utilize conviction information obtained from the Department of State Police in evaluating the qualifications and character of an employee or prospective employee. Applicants for jobs in facilities run by the Department of Mental Health and Developmental Disabilities must submit to criminal background checks, based on their fingerprints. Applicants may be hired conditionally, pending the results of the background check, but must be notified that employment is dependent on the results of the check. Applicants who decline to submit to testing may be rejected. Persons applying for medical licenses must undergo criminal history background checks. Illinois requires fingerprints from every police officer and fire fighter to be sent to the FBI. Prior to appointment, fingerprints are required from all auxiliary police, sheriffs and state police. Application for permanent employee registration cards requires fingerprints from all private alarm contractor, detective agency and security agency employees. The Health Care Worker Background Check Act applies to all individuals employed or retained by a health care employer as home health care aides, nurse aides, personal care assistants, private duty nurse aides, day training personnel, or an individual working in any similar health-related occupation where he or she provides direct care. The Health Care Worker Background Check Act prohibits the hiring of a person in a position involving direct care of clients, patients or residents if the person has been convicted of committing or attempting to commit offenses in the Criminal Code, the Credit Card and Debit Card Act, the Wrongs to Children Act, or has violated a specified provision of the Nursing and Advanced Practice Nursing Act. Before hiring an employee or independent contractor to perform work involving facilities used for the distribution of natural gas to customers, a public utility must require a completed certificate listing the proposed employee's or independent contractor's violations of pertinent safety or environmental laws. Fingerprinting is required for charter bus drivers. Effective July 1, 2005, employees and volunteers of a comprehensive hospice program or volunteer hospice program are required to undergo a criminal background check as a condition of employment. Effective January 1, 2006, health care facilities are required to initiate background checks for employees that have contact with residents. Previously, only direct care staff members required background checks.

Criminal Record Checks in Indiana    choose another state

In Indiana, background checks for employment are required for child care facilities, child care ministries, home health care agencies, nurse aides, unlicensed employees of health care facilities, and private detectives and their personnel. Home health care agencies are prohibited from employing anyone to provide services in a patient's or client's temporary or permanent residence if that person's limited criminal history indicates that the person has been convicted of rape, criminal deviate conduct, exploitation of an endangered adult, failure to report battery, neglect or exploitation of an endangered adult or theft, if the conviction for theft occurred less than 10 years before the person's application date. A home health agency may not employ a person to provide services in a patient's or client's temporary or permanent residence for more than three calendar days without receipt of that person's limited criminal history, unless the Indiana central repository for criminal history information is solely responsible for failing to provide the person's limited criminal history to the home health agency within the required time. Limited criminal history information may be used in determining whether to grant or deny a teaching license. Private detective licensees in Indiana must furnish their employees with identification cards containing the employee's thumb print. In addition, the licensee must maintain a full set of each employee's fingerprints (both hands) on file and file a duplicate set with the Indiana State Police.

Criminal Record Checks in Kansas    choose another state

Kansas has criminal background check laws for employment for adult care homes and home health care agencies. Individuals are prohibited from operating an adult care home if they employ any person who has a criminal history background. However, individuals may be hired on a conditional basis pending the outcome of a criminal background check. No person who has been employed by the same adult care home for five consecutive years immediately prior to July 1, 1998, is subject to the background check requirement, while employed by the same adult care home. Individuals who have been the subject of a criminal background check within one year prior to applying for employment in an adult care home are exempt from the background check requirement. Employers may ask prospective independent contractors to sign releases of their criminal records. The employer remains liable for any employment decisions based on the criminal records.

Criminal Record Checks in Kentucky    choose another state

Individuals who provide direct services to senior citizens in Kentucky may not have a criminal history. In addition, employees with felony convictions related to theft, abuse or sale of illegal drugs, abuse or neglect of an adult, or the commission of a sex crime may not be employed by state-funded social service agencies or nursing facilities in jobs involving personal or group interaction between the employee and a senior citizen. Applications for employment for these positions must prominently state: FOR THIS TYPE OF EMPLOYMENT STATE LAW REQUIRES A CRIMINAL RECORD CHECK AS A CONDITION OF EMPLOYMENT. Criminal records must also be obtained for individuals seeking employment in nursing facilities that do not cater specifically to senior citizens. An employer may request from the Justice Cabinet or the Administrative Office of the Courts the criminal records of any person who applies for employment or volunteers for a position that would involve supervisory or disciplinary power over a minor. Requested information includes all available convictions involving any (1) felony or misdemeanor sexual offense or offense involving pornography; or (2) misdemeanor committed within the five years immediately preceding the application involving controlled substances or DUI conviction. Child care centers may not employ any person who is a violent offender or has been convicted of a sex crime in a position that involves supervisory or disciplinary power or direct contact over a minor. School superintendents must require a national and state criminal background check, including a fingerprint check, on all newly certified hires. Individuals who were employed in another certified position in a Kentucky school district within six months of the date of hire, and who had previously submitted to a national and state criminal background check for the previous employment are exempt from the background check requirement. If a vacancy occurs during a school term, a superintendent may employ an individual who will have supervisory or disciplinary authority over minors on a probationary basis, pending receipt of the criminal history background check. Superintendents may not employ individuals who are violent offenders or who have been convicted of a sex crime. However, a superintendent may employ, at the superintendent's discretion, persons convicted of sex crimes classified as misdemeanors.

Criminal Record Checks in Louisiana    choose another state

Louisiana provides that employers may refuse to hire individuals based on certain criminal background information. Also, if the results of a criminal history background check reveal that any licensed ambulance personnel or nonlicensed person has been convicted of an offense that includes the distribution or possession with the intent to distribute controlled substances, the employer may refuse to hire or contract with that person. In Louisiana, it is unlawful for a public or private employer to recover the costs of fingerprinting that is required as a condition of employment from applicants or employees. No person may be hired by the state department of health and human services to investigate child abuse or to work in a juvenile detention center, correction or treatment facility until a set of the individual's fingerprints has been submitted to the Louisiana Bureau of Criminal Identification and Information for a criminal background check. Nurses and nursing applicants are required to undergo a criminal background check as a condition of licensure. A nurse's aide offered temporary employment prior to the receipt of the results of a required criminal history check must be under the direct supervision of a permanent employee or in the presence of a member of the immediate family of the patient or a caregiver designated by a family member. A person is not disqualified or ineligible to practice or engage in any trade, occupation or profession which requires a license solely because of a prior criminal record.

Criminal Record Checks in Massachusetts    choose another state

Employers in Massachusetts may obtain criminal record information from the Massachusetts Criminal History Systems Board. In addition, court records for all criminal cases are available for public inspection for one week following conviction and sentencing. Agencies that provide home health aides, companions and certain other types of services to the elderly or to persons with disabilities and long-term care facilities must obtain all available criminal record information on individuals who will provide services before the individuals may be employed. The school committee, superintendent and principal of any public school will have access to criminal offender record information regarding all applicants for all school positions, including subcontractors and laborers who perform work on school grounds if there may be direct contact between the applicant and school children. Operators of Massachusetts camps for children and any entities or organizations primarily engaged in providing activities or programs to children 18 years of age or under that accept volunteers must obtain all available criminal offender record information for prospective and present employees and volunteers. This information should be used only for the purpose of furthering the protection of children.

Criminal Record Checks in Maryland    choose another state

Employers may require certain current and prospective employees to undergo a criminal history records check as a condition of employment. Employers may not require an applicant to disclose information concerning criminal charges against him that have been expunged. In answering questions concerning criminal charges that have not resulted in a conviction, or concerning convictions pardoned by the Governor, applicants need not address charges that have been expunged. An employer may not discharge or refuse to hire a person solely because of the person's refusal to disclose information concerning criminal charges that have been expunged. Before an eligible employee may begin work for a Maryland adult dependent care program, the program must apply for a state criminal history records check or request a private agency to conduct a background check. As part of the check, eligible employees must submit a complete set of legible fingerprints. The adult dependent care program may also require an alcohol or controlled dangerous substance test. Before the first day of employment or the first day of actual operation of the facility, employers and employees of the following facilities in Maryland must apply for state and federal criminal background checks, including a complete set of fingerprints: child care centers, homes and institutions; family care centers; juvenile detention, correction or treatment facilities; public and certain private schools; foster care home or group facilities; and recreation centers for minors. Background check applications may be filed at any law enforcement office in the state.

Criminal Record Checks in Maine    choose another state

Prior to issuing a teaching certificate, authorization, approval or renewal, all state educational personnel are required to undergo a state and federal criminal history record check that includes submitting two fingerprint cards. In making a decision regarding suitability for licensing, the commissioner may rely on information provided by the Federal Bureau of Investigation that was taken within the 24-month period prior to a request for criminal history information. All information obtained from a criminal record check is confidential. The expense of the criminal record check must be paid by the applicant. If necessary to resolve any question of identity, fingerprints may be required of employees of security guard firms to the Maine Commissioner of Public Safety. Employers are not prohibited by a consumer privacy rights law from using an individual's Social Security number in conjunction with a background check. Certified nursing assistants are required to undergo criminal background checks as a condition of licensure and employment.

Criminal Record Checks in Michigan    choose another state

Questions about criminal records in Michigan are limited to felony charges. The backgrounds of health professionals may be investigated before being granted licenses. Licensing will be denied if statutorily-specified convictions are discovered. In Michigan, private security guard licensees must take fingerprints of their employees and prospective employees--employees may be employed temporarily pending processing and approval. Unless the requirement is waived, all persons employed by a broker-dealer, commodity issuer or investment advisor who are regularly employed must be fingerprinted as a condition of employment. It is unlawful for Michigan employers to compel newly hired employees or employees returning from leave to pay the cost of fingerprinting. It is a crime in Michigan for a person to obtain or attempt to obtain another person's personal identity information with the intent of unlawfully using the information to obtain employment without the person's authorization. A school receiving an application from a person for the position of school bus driver or pupil transportation vehicle driver must request from the Michigan Department of State Police a background check to determine whether the person was convicted of criminal sexual conduct or felonious assault on a child, child abuse, or cruelty, torture or indecent exposure involving a child. An individual currently or prospectively employed or volunteering at a child care center, child caring institution or child placing agency, may upon written request receive documentation from the Michigan Department of Social Services stating that the individual is not named in a central registry case as the perpetrator of child abuse or child neglect. Operators of Michigan child care centers or child caring institutions are required to conspicuously post on the premises a notice whether that child care center or institution requires a criminal history check on its employees or volunteers. Effective April 1, 2006, Michigan requires a health facility or agency that is a nursing home, county medical care facility, hospice, hospital that provides swing bed services, home for the aged, or home health agency not employ, independently contract with, or grant privileges to an individual who regularly has direct access to or provides direct services to patients or residents in the health facility or agency after April 1, 2006, until the health facility or agency conducts a criminal history check. Certain exceptions apply. A health facility or agency can not employ an individual who has been convicted of specific misdemeanors or felonies.

Criminal Record Checks in Minnesota    choose another state

In Minnesota, state employers are restricted from asking applicants about any arrest not followed by a valid conviction, convictions that have been annulled or expunged and misdemeanor convictions for which no jail sentence can be imposed. State employers may inquire about arrest and conviction records when applicants are applying for law enforcement positions, family day care and foster care licenses. If a public employer denies an applicant a position or license solely or partially because of the person's prior conviction, the person must be notified in writing of the grounds for denial and the earliest date for reapplication. School hiring authorities must require criminal background checks on all persons who are offered employment in their schools. If a background check was performed by another school within the past 12 months, the results are on file with the other school or otherwise easily accessible, the applicant gives written permission to use the earlier background check results and there is no reason to believe the applicant has committed a disqualifying act since the background check was made, a school may use the earlier record check. Criminal background checks are not required for persons who are hold initial entrance licenses issued within the previous 12 months by the state board of teaching or education. Schools are permitted to run checks on volunteers, independent contractors and student employees. If a school district elects to require background checks, an individual may not be on school grounds without providing a signed consent form and the fee for the check. When employment is offered to out-of-state residents, school districts must request background checks from both the Minnesota Bureau of Criminal Apprehension and the parallel agency in the other state, or the FBI if the other state does not have an instate agency. The individual must provide a consent form and pay the background check fee. Before hiring an apartment manager, an owner must request the superintendent to conduct a background check to determine whether the manager is the subject of a reported conviction for a background check crime. An owner may request a background check for a currently employed manager.

Criminal Record Checks in Missouri    choose another state

Criminal background checks are required for health care and educational professionals and applicants for positions as health care and educational professionals. In Missouri, the family care safety registry contains information on child care workers', elder care workers', and personal care workers' background and on child care, elder care and personal care providers. Child care, elder care and personal care workers must complete a registration form for the state's family care safety registry provided by the Department of Health within 15 days of the beginning of their employment. Failure to submit the form without good cause is a class B misdemeanor. An in-home services provider or home health agency is guilty of a misdemeanor if it knowingly employs a person to provide in-home or home health services who either refuses to register with the Family Care Safety Registry or is listed on any of the background check lists in the registry.

Criminal Record Checks in Mississippi    choose another state

Prospective employees of residential institutions, facilities, clinics, organizations and other entities that provide children with services, including care, lodging, maintenance, counseling or therapy for alcohol or controlled substance abuse, or any other emotional disorder or mental illness are required to follow a preemployment procedure that includes a national criminal history background check and fingerprint check. No child residential facility may employ any person, or allow any person to serve as a volunteer, who would provide services to children for the entity if the person: Has a felony conviction for a crime against persons; Has a felony conviction under the Uniform Controlled Substances Act; Has a conviction for a crime of child abuse or neglect; Has a conviction for any sex offense; or Has a conviction for any other offense committed in another jurisdiction or any federal offense that would constitute one of the offenses listed above without regard to its designation in that jurisdiction or under federal law. Any child residential facility that fails to complete sex offense criminal history record information and felony conviction record information checks as described above will be subject to a penalty of up to $10,000 for each such violation and may be enjoined from further operation until it complies. Effective July 1, 2005, child care facilities are required to conduct criminal background checks on all caregivers. Child care service employers are prohibited from utilizing sex offenders as employees or volunteers. The Mississippi tax commission is authorized to require fingerprinting of an applicant or licensee, and the casino and alcoholic beverage personnel of a licensee, and the forwarding of all fingerprints taken to the FBI.

Criminal Record Checks in Montana    choose another state

Criminal records checks are required for employment in facilities caring for the elderly and the developmentally disabled and for teachers before being hired to work in Montana schools. Applicants for licensing as security companies, security guards, and private investigators must submit evidence under oath of not being convicted of certain crimes, not suffering from habitual drunkenness or drug dependence and of being of good moral character. The license application must also include two sets of fingerprints.

Criminal Record Checks in North Carolina    choose another state

Criminal record checks are permitted for individual who are employed by or who apply for employment with the following: licensed hospitals, licensed nursing homes, licensed domiciliary care facilities, licensed home care agencies or hospices, licensed child placement agencies, licensed residential child care facilities, licensed area mental health, developmental disability and substance abuse authorities, licensed child day care facilities and registered and nonregistered child day care homes that are regulated by the state and any other organization or corporation, whether for profit or nonprofit, that provides direct care or services to children, the sick, the disabled or the elderly. The employee or applicant must consent to the record check. A fee of up to $14 may be charged by the Department of Justice for providing a criminal record check. An offer of employment by a licensed North Carolina nursing home or contract agency of a nursing home to an applicant to fill a position that does not require the applicant to have an occupational license is conditioned on the applicant's consent to a criminal history records check. An offer of employment by a licensed home care agency or contract agency of a nursing home to an applicant to fill a position that requires entering the patient's home is conditioned on the applicant's consent to a criminal history record check. In addition, the change in employment status of a current employee of a licensed home care agency or contract agency of a nursing home from a position that does not require entering the patient's home to a position that requires entering the patient's home must be conditioned on the current employee's consent to a criminal history record check. An applicant who refuses to consent to a criminal history record check may not be employed. In addition, a home care agency or contract agency of a nursing home may not change a current employee's employment status from a position that does not require entering the patient's home to a position that requires entering the patient's home if the employee refuses to consent to a criminal history record check. The request for a criminal record check must be submitted to the Department of Justice within five business days of making a conditional offer of employment. All criminal history information received by the home or agency is confidential and may not be disclosed, except to the applicant as provided below. If an applicant's criminal history record check reveals one or more convictions of a relevant crime, the nursing home or contract agency of the nursing home must consider all of the following factors in determining whether to hire the applicant: (1) the level and seriousness of the crime; (2) the date of the crime; (3) the age of the person at the time of the conviction; (4) the circumstances surrounding the commission of the crime, if known; (5) the connection between the criminal conduct of the person and the job duties of the position to be filled; (6) the prison, jail, probation, parole, rehabilitation and employment records of the person since the date the crime was committed; ad (7) the subsequent commission by the person of a relevant offense. The fact that the applicant was convicted of a relevant offense alone may not be a bar to employment; however, the listed factors must be considered. If after considering the relevant factors, the decision is to not hire the applicant, then the nursing home or the contract agency may disclose information contained in the criminal history record check that is relevant to the disqualification to the applicant, but may not provide him or her a copy of the criminal history record. Similar requirements apply to applicants for employment by a licensed adult care home or by a licensed contract agency of an adult care home. Criminal record checks are required of applicants and employees of North Carolina's Department of Human Resources who provide direct care for a client, patient, student, resident or ward of the Department. National criminal record checks, using fingerprints, are required of all persons who have not resided in North Carolina during the past five years. All applicants for licensing as registered nurses or licensed practical nurses must consent to a criminal history record check. Prospective employees of private protection services must undergo criminal records checks.

Criminal Record Checks in North Dakota    choose another state

North Dakota law requires background checks for applicants for licensing as teachers. Fingerprints are required for state and FBI testing. The Department of Human Services must obtain a criminal history before licensing or approving a facility providing foster care for children or adults. The Director of the Department of Transportation must provide, upon request and payment of a specified fee, full information regarding the driving record of a person who has been issued a commercial driver's license to an employer or a prospective employer if the person has given written consent to the prospective employer for this information.

Criminal Record Checks in Nebraska    choose another state

Everyone who works with persons with developmental disabilities and does not hold a professional license must undergo a criminal background record check. The requirement covers persons who work for either state-operated services or private businesses that contract with the state. Individuals must file a complete set of fingerprints with the state patrol. The state patrol will make its own search and transmit the fingerprints to the FBI for a national check. Effective March 23, 2005, a commercial driver's licensee must notify his or her employer of a driver violation or any suspension, revocation or cancellation of a commercial driver's license or disqualification from driving due to driving under the influence of drugs or alcohol.

Criminal Record Checks in New Hampshire    choose another state

Prospective employees with school administrative units, school districts, or charter schools are subject to a state and national criminal records check. A prospective employee will not be eligible for employment if found to be convicted of (1) murder; (2) child pornography; (3) aggravated felonious sexual assault; (4) felonious sexual assault; or (5) kidnapping. The criminal background check requirement also applies to private businesses and agencies that contract with school administrative units, school districts or charter schools to provide services where the contractor or employees of the contractor would have direct contact with student (i.e. cafeteria workers, school bus drivers, or custodial personnel). Child day care providers who are required to be licensed must submit to the Department of Health and Human Services, within 30 days of their arrival, the names, birth names, birth dates and addresses of staff, household members, and others who will have regular contact with the children. Long-term care facility, home health care, residential care, and certain personal care services employees are required to undergo a criminal history records check as a condition of employment. Individuals applying for or renewing a nursing license are required to undergo a criminal history records check as a requirement of licensure. New Hampshire has adopted the National Crime Prevention and Privacy Compact.

Criminal Record Checks in New Jersey    choose another state

Because crimes or disorderly persons offenses disqualify individuals from employment in New Jersey state facilities for individuals with mental illnesses and for individuals with developmental disabilities, criminal record checks are required prior to employment in these positions and at least once every two years during the period of employment. Criminal history background checks must be conducted on all current and prospective employees in direct contact with institutionalized elderly persons. Facilities are prohibited from hiring any unlicensed person serving in a position that involves regular contact with an elderly patient. However, certain individuals may be hired on a conditional basis for no more than 180 days pending completion of a criminal history background check. Individuals will not be disqualified from employment on the basis of a conviction disclosed by a criminal history background check if they have affirmatively demonstrated clear and convincing evidence of rehabilitation. Individuals refusing to consent to or cooperate in the securing of a criminal history background check will not be considered for employment. The prospective employer may require the prospective employee to pay the cost of the background check. New Jersey requires, as a condition of obtaining or renewing a child care center license, that a criminal history background check be conducted for each staff member to determine if there are any reported incidents of child abuse or neglect involving the employees. Staff members must provide written consent for the background checks. A refusal to consent must result in immediate termination of employment. Staff members will be charged a fee for the background checks. The center may, at its discretion, offer to pay for or reimburse the staff member for the cost of the background check. Effective March 24, 2004, New Jersey law requires staff members of residential child care facilities to undergo criminal history record background and child abuse record information checks. Local New Jersey housing authorities are required to conduct a criminal history background check, including a fingerprint check, on all applicants seeking employment and are prohibited from employing applicants with criminal records. Individuals need not be disqualified from consideration for employment if they have shown that they are rehabilitated. Written consent is necessary for the background check and applicants who refuse to consent may not be considered for employment. The applicant is responsible for the cost of the criminal background check. The Department of Health and Senior Services may not issue a nurse aide or personal care assistant certification to any applicant, except on a conditional basis (with a 180-day limit), unless there is first a determination that no criminal history record information exists that would disqualify that person from being certified. In addition, the New Jersey Board of Nursing may not issue a homemaker-home health care aide certificate to any applicant, except on a conditional basis for 180 days, unless the board first determines that no criminal history record information exists that would disqualify that person from being certified. If a background check reveals a relevant criminal conviction, but the individual has evidence of rehabilitation, the individual will not be disqualified from certification. An applicant for certification who refuses to cooperate in securing a criminal history record check may not be issued a certificate. The employer or prospective may pay the cost of the criminal record background check or require that the employee or prospective employee bear the cost of the check. Public school employees must undergo criminal background record checks before being employed. Schools may hire employees provisionally while the check is being completed, but only after the school board of directors makes a special request for provisional hiring. Provisional employment generally only last for three months, however a two-month extension may be sought. Criminal background checks may also be required of private school employees. Employees and applicants for employment in the school system, including teachers, cafeteria workers, enforcement and maintenance personnel and bus drivers, who would have regular contact with students, must submit a set of fingerprints and written consent for a criminal background check. The Casino Control Commission has the authority to prescribe procedures for the fingerprinting of licensee employees that may be necessary for casino floor restrictions. Applicants for employment and current employees of mental hospitals must file a set of fingerprints and written consent with the Commissioner of Human Services for a criminal background check. No appointment to parking enforcement or special law enforcement positions may be made unless the applicant submits a set of fingerprints to the state and the Federal Bureau of Investigation. Private detective licensees must maintain one set of fingerprints of each employee and send two sets to the state within 48 hours of employment for criminal background checks.

Criminal Record Checks in New Mexico    choose another state

Procedures must be in place to fingerprint applicants for teaching certification. As part of the process, applicants must provide two fingerprint cards to the department of education for an FBI background check. In addition, local school boards must develop policies and procedures to require employment background checks. The policies and procedures may include requiring applicants who have been offered employment to provide their FBI background check record. In addition, New Mexico prohibits certain criminal offenders from working with children. If the offender was convicted of trafficking in controlled substances, criminal sexual penetration or related sex offenses or child abuse and has applied for reinstatement or issuance of a teaching certificate, license to operate a child-care facility or employment at a child-care facility, regardless of rehabilitation, the issuing agency may refuse to grant or renew, may suspend or revoke the offender's certification, license or employment application. Background checks are required for all operators, staff and employees of child care facilities. Employees, contractors and volunteers of child care facilities are required to undergo a background check and submit a set of fingerprints as a condition of employment. All fire fighter applicants in municipalities with a population of 100,000 must submit a set of fingerprints to the municipality to be sent to the FBI. A criminal history background investigation is required as part of the application for a license for insurance agents, title insurance agents, and title insurers. The investigation is conducted through fingerprint checks with the Department of Public Safety and the FBI. The same check may be used to suspend or revoke a an insurer's license.

Criminal Record Checks in Nevada    choose another state

Every applicant for a teaching license or a license to perform other educational functions must submit with the application a complete set of fingerprints and written permission to authorize the school superintendent to forward the fingerprints to the Federal Bureau of Investigation and to the central repository for Nevada records of criminal history for their reports on the criminal history of the applicant. As part of a criminal background check, a Nevada school district may require fingerprinting and written permission to forward them to the Federal Bureau of Investigation (FBI) from teachers' aides and other auxiliary nonprofessional personnel who assist teachers in instructing children. Every employee or prospective employee of a foster home or child care facility licensee and every adult resident therein must submit a set of fingerprints and written authorization to forward them to the FBI for a criminal background check. Certain personnel of labor organizations that represent gaming industry employees must file their fingerprints for a background check. Applicants for security guard work cards may be required by a county sheriff to submit their fingerprints for a criminal background check by the FBI. A landlord of dwelling units intended and operated exclusively for persons 55 years and older may not employ a person to work on the premises unless the person has a work card issued by the sheriff.

Criminal Record Checks in New York    choose another state

No person may be required to be fingerprinted as a condition of employment or of continuing employment. The prohibition does not apply to: employees of the state or its municipal subdivision; to employees of legally incorporated hospitals, supported in whole or in part by public funds or private endowment; to employees of medical colleges affiliated with the above mentioned hospitals or to employee of private proprietary hospitals; to employees of public art galleries or museums housing valuable object of art, precious metals or stones (at the discretion of the trustees or board); to inspectors and investigators of the Department of Agriculture and Markets; to deputy or undersheriffs; to school employees; to employees of private detective licensees; to employees of the National Security Exchange; or to farm labor contractors. A caregiver may provide a prospective employer with a set of fingerprints upon request, or two sets of fingerprints if the prospective employer also is requesting a criminal background check from the FBI. A caregiver is a person employed for 15 hours or more per week caring for a child or children in the children's home. New York law requires that a criminal background check be performed on any individual who is employed by a supplemental education services provider. The New York Public Health Law requires children's camps to consult the sex offender registry in reference to job applicants. Registered sex offenders may not be employed on motor vehicles engaged in retail sales of frozen desserts. A federal criminal background check is required for any individual who applies for a security guard license in New York. Effective February 3, 2006, a provider, which includes residential health care facilities, certified health home agencies, licensed home care services agencies, long term health home care programs or temporary employment agencies, must request that the Department of Health check its permanent record for a determination on a prospective employee. To the extent permitted by law, a provider should request from a prospective employee a sworn statement disclosing any prior finding of patient or resident abuse, or a criminal conviction in New York or any other jurisdiction. Providers should evaluate these statements in all hiring decisions.

Criminal Record Checks in Ohio    choose another state

In any employment application, a person may not be questioned about any arrest for which the records were expunged or any record that has been sealed. Ohio law also protects employees from disclosing whether they have been arrested or convicted for a minor misdemeanor drug offense because such an arrest or conviction does not constitute a criminal record. Nursing homes, resident care facilities, county and district homes, homes for the aging, adult care facilities, adult day care programs, hospice care programs and home health agencies are required to conduct a criminal record check for each person under final consideration for employment in a position in which there is direct contact with older adults. The criminal record check is done through the Bureau of Criminal Identification and Investigation. Employers hiring child care personnel must obtain criminal background information about the applicants. Effective September 1, 2005, child care administrators and personnel are required to sign a statement of non-conviction and to undergo a criminal history check as a condition of licensure and employment. Persons operating a family day care home are also required to provide a statement of non-conviction and undergo a criminal history check. Any individual employed as a teacher at an alternative school operated by a nonprofit or for profit entity is subject to background checks in the same manner as an individual employed by a school district. Ohio employers holding contracts with the United States or any of its departments or agencies that contain nondiscrimination clauses may require an employee or applicant for employment to furnish documentary proof of citizenship and may use fingerprint identification for security purposes. Ohio has ratified the National Crime Prevention and Privacy Compact.

Criminal Record Checks in Oklahoma    choose another state

Prior to employment, every owner or administrator of a child care facility must arrange for a criminal history investigation for any employment applicant and for any adult residing in a child care facility that is licensed or approved by a child-placing agency and located in a private residence, to be conducted by the State Bureau of Investigation. If the applicant or resident has resided in Oklahoma for less than one year, the criminal history investigation must be obtained from the previous state of residence. Any person required to register pursuant to the Sex Offenders Registration Act is prohibited from providing services to children, working for an employer who provides services to children, or residing in a child care facility. Violations of the law are considered a felony, punishable by incarceration or a fine. Criminal arrest checks must be done by employers before employing or contracting with a nurse aide, or other person to provide nursing care, health related services or supportive assistance to any individual. Employers of the state of Oklahoma that conduct employee-owned vehicle searches of their employees may conduct the search only on the property of the employer. Searches that are conducted on property not owned or rented by the employer require a search warrant. Effective November 1, 2004, security guards and private investigators are required to undergo a criminal background check as a condition of licensure.

Criminal Record Checks in Oregon    choose another state

Employers in Oregon may actively seek information about employees but must tell the employees and prospective employees that such information might be sought. Employers in Oregon may not refuse to hire or discharge an individual because of a juvenile record that has been expunged unless there is a bona fide occupational requirement reasonably necessary to the normal operation of the employer's business present. Employees of early childhood care and education programs are required to undergo a criminal records check. Public schools must and private schools may request criminal background information on subject individuals seeking employment from the state police and the Federal Bureau of Investigation, through the Department of Education. The Department of Education will charge $42 for the cost of acquiring and furnishing the information. The school district or private school may recover the cost or a portion of the cost from the subject individual. If the criminal records check indicates that the individual was convicted of a relevant crime or made a false statement as to the conviction of a crime, the school district must not and the private school may decide not to employ the individual. If a subject individual refuses to consent to a criminal records check, refuses to be fingerprinted or falsely swears to the nonconviction of a crime, the school district must terminate the individual's employment or contract. Subject individuals include: (1) an individual applying for initial licensing as a teacher, administrator or personnel specialist who has not submitted to a criminal records check within the previous year with the Teacher Standards and Practices Commission; (2) an individual who is applying for reinstatement of a license as a teacher, administrator or personnel specialist whose license has lapsed for at least three years; (3) an individual who is applying for initial licensing as a certified school nurse; (4) a school district or private school contractor, whether part-time or full-time, or an employee of a school district contractor, whether part-time or full-time, who has direct, unsupervised contact with students, as determined by the school district or private school; (5) an individual newly hired, whether part-time or full-time, by a school district or private school in a capacity not described in (1), (2) or (3) above who had direct, unsupervised contact with children, as determined by the school district or private school; (6) an individual employee, whether part-time or full-time, of a school district in a capacity not described in (1), (2) or (3) above who has direct, unsupervised contact with children, as determined by the school district; (7) an individual who is registering with the Teacher Standards and Practices Commission for student teaching, practicum or internship as a teacher, administrator or personnel specialist, if the individual has not submitted to a criminal records check within the previous year with the Teacher Standards and Practices Commission for student teaching, practicum or internship as a teacher, administrator or personnel specialist; or (8) an individual who is a community college faculty member providing instruction at a kindergarten through grade 12 school site during the regular school day. Subject individuals do not include individuals described in (4), (5), (6) or (7) above if the individual or the individual's employer was checked in one school district or private school and is currently seeking work in another school district or private school, unless the individual lived outside the state during the period between the two periods of time working in the school district or private school. Child-care agencies may hire only persons ("subject individuals") who have been enrolled in the Criminal History Registry, established and maintained by the Child Care Division of the Employment Department. If an individual has been convicted of a crime relevant to their working with children or made a false statement as to their conviction of a crime, the Division will determine whether the individual may be enrolled in the registry. Individuals may be enrolled only if they have no criminal or child protective services history or if they have dealt with the issues and provided evidence of suitability for the registry. Individuals who refuse to consent to a criminal record check or refuse to be fingerprinted will not be enrolled in the registry. Subject individuals, for purposes of the Criminal History Registry are individuals who apply to be: (1) the operator or an employee of a child care or treatment program; (2) the operator or an employee of an Oregon prekindergarten program or parent-as-teacher program; (3) the operator or an employee of a federal Head Start program, regulated by the United States Department of Health and Human Services; (4) an employee of the Child Care Division of the Employment Department; (5) an individual in a child care facility who may have unsupervised contact with children, as identified by the Division; (6) a contractor or an employee of a contractor who provides early childhood special education or early intervention services; (7) a child care provider who is required to be enrolled in the Criminal History Registry by any state agency; or (8) enrolled in the Criminal History Registry. Caregivers. For purposes of licensing, certifying, registering or otherwise regulating or administering programs, a criminal record check, including fingerprint identification, must be conducted on all individuals that provide care, treatment, education, training, instruction, supervision, placement services, recreation or support to children, the elderly or persons with disabilities. Individuals that are determined to be unfit may not be employed, licensed, certified or registered. Individuals may, however, be hired on a probationary basis, pending the results of a criminal background check. Refusing to consent to a criminal background check will result in a denial or termination of employment. Private security officers. Applicants for certification as private security officers are subject to fingerprinting and a nation wide criminal records check. Pharmacy technicians. Pharmacy technicians must renew their registrations annually and provide, among other information, updated information regarding work history and criminal arrest and conviction history. Loan originators. Mortgage bankers and brokers are required to conduct criminal background checks of loan originators they employ or intend to employ.

Criminal Record Checks in Pennsylvania    choose another state

An employer in Pennsylvania may consider misdemeanor and felony convictions in making criminal records inquiries but only to the extent that the arrests or misdemeanors relate to an applicant's suitability for the position. All prospective employees of public and private schools, intermediate units and area vocational-technical schools, including independent contractors and their employees, must submit with their employment application conviction data from the Pennsylvania State Police or a statement from the Pennsylvania State Police that no such data exists for that person.

Criminal Record Checks in Puerto Rico    choose another state

The Superintendent of Police of Puerto Rico is required to keep an up-to-date registry of every private detective and every private detective agency operating in Puerto Rico that includes a set of fingerprints for every private detective and the private detective's employees.

Criminal Record Checks in Rhode Island    choose another state

Employment questions dealing with criminal records can only be related to convictions, not arrests or charges. Applicants must be informed in writing of any disqualifying information found in the background check. Employers are required to keep on file evidence that criminal background checks have been obtained for all employees as well as the results of the checks. Applicants for employment in Rhode Island facilities licensed or registered with the department of health whose employment will involve routine contact with a patient or resident without the presence of other employees must undergo a statewide criminal background check prior to or within one week of employment. All child care facility and youth serving agency operators, employees and job applicants are required to undergo a criminal background check as a condition of employment. Employers in public elementary and secondary school must incorporate criminal history background checks into their hiring practices. Background checks are required for any employee who will have direct supervision or disciplinary power over children or routine contact with children without the presence of other employees. Background checks must be instituted within one week of a conditional job offer. Background checks are made through local police departments or the Bureau of Criminal Identification (BCI). Fingerprinting is not required. Employers must retain records showing that the background checks were instituted and the results of the background checks. If an employee underwent a background check in the previous 18 months, the employer may request a letter from the local police or BCI explaining the results, rather than instituting a new background check. Fingerprinting is required as part of a background and criminal record check for certification of personnel who provide services to very young children, including owners and operators of preschool programs and full- or part-time employees, such as teachers, aides, secretaries, food handlers, bus drivers, volunteers and student teachers. Applicant's fingerprint cards must promptly be destroyed at the conclusion of the background or criminal background check. Individuals 18 years and older seeking employment in any facility or program licensed or funded by the Department of Mental Health, Retardation and Hospitals, will be required to undergo national criminal background checks to determine whether they have been convicted of a crime that bears upon their fitness to be responsible for the safety and well-being of the persons residing in or receiving services from the programs or facilities.

Criminal Record Checks in South Carolina    choose another state

In order to be employed by or to provide caregiver services at a licensed day care facility, an applicant must first undergo a state fingerprint review to determine any state criminal history and a fingerprint review by the Federal Bureau of Investigation to determine any other criminal history. Unless otherwise required by law, criminal history checks are not required for volunteers or for certified education personnel who have undergone criminal records checks as part of the certification process. Fingerprinting of candidates for training as law enforcement officers is required. In addition, fingerprinting is required from employees in the private security industry who are required to register with the South Carolina Law Enforcement Division. A fingerprint review by the State Law Enforcement Division and the FBI for a criminal background check is required for all persons applying for initial certification to become certified educational personnel.

Criminal Record Checks in South Dakota    choose another state

Applicants for child welfare licenses, current and prospective employees of the Juvenile Division of the Department of Corrections or any adolescent treatment program operated by the Department of Human Services, and current and prospective employees of a South Dakota school district must undergo criminal records investigations.

Criminal Record Checks in Tennessee    choose another state

Home health services and child welfare agencies may require any person applying for employment, either as a paid employee or volunteer, to agree to the release of investigative records for the purpose of verifying the accuracy of criminal violation information contained on their work application. Applicants may also be required to supply fingerprint samples, or submit to a criminal history record check. Tennessee requires that all employees who have direct contact with, or direct responsibility for individuals with developmental disabilities, supply a fingerprint sample for purposes of a criminal background check to determine if prior criminal convictions exist. The cost of the background check will be paid for by the employer. Adult day care center personnel are subject to criminal background checks. The Tennessee Bureau of Investigation is responsible for conducting criminal history checks for licensing security guards. Employees of home health and hospice services are required to undergo a criminal records check. Effective January 1, 2004, any person who is employed in a nursing home facility providing direct care to patients is required to undergo a criminal background check, prior to or within seven days of employment. Employees of group day care homes are required to undergo a criminal history check and submit a set of fingerprints as a condition of employment. Employees of child care centers serving preschool children are required to undergo a criminal history check. Background checks are required for all employees of family daycare homes. Employers are permitted to initiate a criminal background check on any person applying for employment or presently employed as a licensed emergency medical technician (EMT). Tennessee has adopted the National Crime Prevention and Privacy Compact.

Criminal Record Checks in Texas    choose another state

Personnel at facilities caring for the elderly and disabled, employees of agencies that provide child care services, and public and private school personnel are required to undergo criminal background checks. Applicants for security sensitive positions at institutions of higher education may be required to submit criminal history information. An in-home service company or residential delivery company must obtain from the Department of Public Safety or a private vendor approved by the Department and offering services comparable to the services offered by the Department all criminal history record information relating to an officer, employee, or prospective employee of the company whose job duties require or will require entry into another person's residence. Effective December 1, 2005, the Health and Human Services Commission has adopted drug testing requirements for residential child care facilities. This drug testing policy applies to employees who have direct contact with children. Mandatory drug testing is required for (1) preemployment, and the individual can not have access to children until the drug tests are available; (2) all employees on a random and unannounced basis; and (3) employees who are alleged to be abusing drugs.

Criminal Record Checks in Utah    choose another state

For purposes of employment background checks for their own employees, the dissemination of information from a criminal history record or warrant of arrest information is limited to: private security agencies; employers whose employees are responsible for the care, custody or control of children; employers whose employees will have fiduciary trust over money; and employers whose employees provide health care to children, vulnerable adults or the elderly. Before requesting criminal record information on an employee or potential employee, the employer must obtain a signed waiver from the employee about whom the information is being requested. Utah laws contain restrictions on the use of criminal history record information and expunged criminal records for employment purposes. There are also restrictions on the inspection of court records for employment purposes. No one with a felony conviction may provide child care, child placement services, foster care or institutional care in Utah state facilities or programs. The prohibition also covers individuals licensed to provide day care services. Applicants for a Utah real estate license must submit fingerprint cards and must consent to a criminal background check. The cost of the background check is borne by the applicant. Any new license issued is conditional, pending completion of the background check. If the background check discloses that the applicant has failed to accurately disclose a criminal history, the license will be revoked. At the time of initial application and renewal for licensure, all health care facilities must submit the name and other identifying information for each person associated with the facility in a direct patient care position to the department of health. The department of health must then determine whether any individual associated with the facility in a direct patient care position has been found guilty of child abuse or neglect, or abuse of persons with disabilities or the elderly. The determination is required, regardless of whether the person was the subject of a criminal background check within the preceding three-year period. Individuals who have not resided in the state for five years must submit fingerprints for an FBI national criminal history record check. The cost of the FBI background check is charged to the licensee. In addition, health care facilities must have criminal background checks performed for new hires. The health care facility must submit to the Department of Health, within 10 days of the initial hiring of an individual who provides direct care to patients, that person's name and other identifying information (may include fingerprints). The requirement applies even if the individual has been subject to a criminal background check within the preceding three-year period. Utah's Public Safety Code and Transportation Code have been amended to allow certain cities to require a criminal background check as a condition of providing ground transportation service to the city's airport. A ground transportation service provider is defined as a driver who provides ground transportation service where the pickup or drop-off of passengers occurs at an airport under the city's authority.

Criminal Record Checks in Virginia    choose another state

Criminal record checks are authorized for the following employers: school boards for the purpose of screening individuals who are offered or accept public school employment; licensed nursing homes for adults, licensed district homes for adults and licensed adult day-care centers for the investigation of applicants for compensation employment; the Department of Mental Health, Mental Retardation and Substance Abuse Services and facilities operated by the Department, personnel in private preschool or nursery school programs, school bus drivers, hospital pharmacy employees, and employees of residential facilities for juveniles, for the purpose of determining an individual's fitness for employment. Employers in Virginia may not require prospective employees to provide information concerning any arrest or criminal charges that have been expunged. The governing boards or administrators of accredited private or parochial schools must require applicants who accept employment to provide personal descriptive information that will be forwarded, along with the applicant's fingerprints, to the FBI for the purpose of obtaining criminal history information. The law applies to elementary and secondary schools and to full-time, part-time, permanent and temporary employees. As a condition of employment, school boards of certain counties and cities that follow the executive form of government must require any individual who accepts employment to submit to fingerprinting, to be forwarded to the FBI for a criminal background check. Fingerprinting is also required of employees in the private security industry who are required to register with the Department of Commerce. All persons employed by the State Lottery Department must be fingerprinted as a condition of employment.

Criminal Record Checks in Virgin Islands    choose another state

No information available.

Criminal Record Checks in Vermont    choose another state

In Vermont, criminal record and substantiated reports of child abuse record checks may be requested by owners or operators of certain licensed facilities for current employees and, after conditional job offers have been made, for prospective employees. The commissioner of education may obtain the conviction records of any person applying for an initial license as a professional educator and a superintendent or headmaster of an independent school may conduct a record check on applicants for headmaster positions. Employers that are entitled to obtain information must inform current or prospective employees that they have the right to appeal the accuracy and completeness of the record. Employers providing services to vulnerable classes; children, the elderly, or persons with disabilities, or secondary schools with student residential facilities, may obtain from the Vermont crime information center a Vermont criminal record and an out-of-state criminal record for any applicant who has given written authorization on a release form provided by the center. Employers must file user agreements with the center. Employers must make an offer of employment conditioned on the record check before they can obtain the criminal record check.

Criminal Record Checks in Washington    choose another state

Washington agencies or facilities that provide care and treatment to vulnerable adults may consider the criminal history of an applicant for employment in a licensed facility when the applicant has one or more conviction for simple assault, assault in the fourth degree, prostitution or theft in the third degree and three or more years have passed between the most recent conviction and the date of application for employment or second degree theft or forgery if five or more years have passed between the most recent conviction and date of application for employment. Employers in Washington may obtain criminal record information only for specified purposes: employee bonding; preemployment and postemployment evaluation of employees who may have or have had access to information, money or items of value; or investigations concerning penal offenses committed by employees. Any person seeking employment in a school district or educational service district, including volunteers, and any contractor responsible for hiring employees who will have unsupervised access to children, must submit to a records check through the Washington state patrol criminal identification system.

Criminal Record Checks in Wisconsin    choose another state

Employers may not request on an application form or otherwise ask an applicant or employee to supply information regarding any arrest or conviction record, unless there is a charge pending. Exceptions include required criminal history background checks for employees of care and service residential facilities, including hospitals, personal care worker agencies, supportive home care service agencies, and temporary employment agencies that provide caregivers to another entity, child welfare agencies, foster and group homes, and day care centers. Discrimination because of an arrest record is permitted when employment depends on the bondability of the individual under a standard fidelity bond or when an equivalent bond is required by state or federal law, administrative regulation, or established business practice of the employer. Refusing to employ or license, or suspending or barring from employment or licensing any individual who is subject to a pending criminal charge or has been convicted of any offense is permitted if the circumstances of the charge substantially relate to the circumstances of the particular job or licensed activity.

Criminal Record Checks in West Virginia    choose another state

West Virginia law requires applicants for licenses from the Department of Education to submit to criminal records checks and to submit a set of fingerprints for a background check. Homecare services and residential care facilities personnel are also subject to criminal history checks.

Criminal Record Checks in Wyoming    choose another state

Newly hired school district employees who may have access to minors may be required to submit to criminal history checks, which involves fingerprinting. Fees for applications and issuance of certification may include the cost of the criminal history check. Child and disabled care agencies must screen prospective employees and volunteers who may have unsupervised access to minors or disabled adults. Deputy coroners and employees of a county coroner may be required to provide fingerprints and other information necessary for a state and national criminal history background check. Effective July 1, 2005, Wyoming adopted the National Crime Prevention and Privacy Compact.

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