Conducting Criminal History Checks

National Service Criminal History Checks (NSCHCs) help AmeriCorps programs minimize risk by protecting the public, employees, members and beneficiaries, preventing unflattering media exposure, and demonstrating program compliance with CNCS regulations.

A required element of the AmeriCorps member selection process all AmeriCorps programs must perform is to conduct criminal history checks on covered individuals. An individual is a “covered individual” if he/she, or his/her position or role:

  • is listed as an estimated direct cost on the approved grant budget (whether as part of the federal or grantee (matching) share), as receiving salary, stipend, living allowance, national education award or similar, in return for providing service to the program; or
  • the costs associated with the person (for salary, stipend, living allowance, etc.) will be included within amounts reported as expenditure of either federal or matching share on the program’s financial reports.

Regulations have been in effect since November 2007 requiring criminal history checks be performed on individuals whose positions require recurring access to a vulnerable population. Under the Serve America Act (SAA), expanded requirements went into effect on October 1, 2009, establishing coverage of all employees and participants, including those without contact with a vulnerable population. Since that time, all grantees must conduct at least a Two-Part National Service Criminal History Check on all CNCS covered individuals. A Two-Part check includes:

  1. A National Sex Offender Public Registry check (NSOPR, also known as the NSOPW); and
  2. A statewide criminal history repository check of both the state of residency/origin and the state where the individual will work/serve.

On April 21, 2011, the Two-Part check became a Three-Part National Service Criminal History Check requirement for individuals serving in or working for a program or project that allows for recurring access to a vulnerable population. Now, all covered individuals whose positions will involve recurring access to vulnerable populations must undergo:

  1. A National Sex Offender Public Registry check (NSOPR, also known as the NSOPW); and
  2. A statewide criminal history repository check of both the state of residency/origin and the state where the individual will work/serve (FBI checks do not substitute for state checks); and
  3. A fingerprint-based FBI criminal history repository check.

Fieldprint

In September 2015, CNCS contracted Fieldprint, Inc., (Fieldprint) to provide FBI fingerprint-based checks to grant and subgrant recipients. Fieldprint is one of a limited number of contractors, called channelers, approved by the FBI to offer expedited access to the FBI’s national criminal history information. Service to CNCS recipients began in January 2016 and can be accessed here: www.fieldprintcncs.com. Serve Connecticut requires its subgrantees to use Fieldprint to conduct FBI screening due to requirements associated with the Connecticut DESPP (https://portal.ct.gov/DESPP/Division-of-Emergency-Service-and-Public-Protection/Contact-Us).

Truescreen

In July 2018, CNCS approved Truescreen to provide state and National Sex Offender Public Website (NSOPW) checks to recipients. Truescreen is a vendor approved by CNCS to provide NSOPW and state criminal history checks; research source-level documentation when needed; make adjudication recommendations to recipients; facilitate compliance with the Fair Credit Reporting Act (FCRA), including pre-adverse and adverse action notices; provide time records of relevant compliance steps like adjudication; and maintain records. All CNCS recipients may use Truescreen. Service to CNCS recipients began in November 2018 and can be accessed here: https://applicationstation.truescreen.com, using the CNCS specific agreement code, “CNCSAgreement.” Use of Truescreen is strongly recommended by CNCS and Serve Connecticut. 

Comprehensive resources to support AmeriCorps programs in successfully meeting all National Service Criminal History Check requirements are available at http://www.nationalservice.gov/resources/criminal-history-check.

1. National Sex Offender Public Registry/Website Check

The nationwide search of the National Sex Offender Public Registry (https://www.nsopw.gov/) must be conducted and documented before covered individuals start work or service.

This check may be done using CNCS-contracted channeler Truescreen (strongly recommended), or be done manually by the program using the NSOPW website.

The required nationwide NSOPW check must be performed on a national level. Do not use the "advanced" search feature because it limits the search to less than nationwide.

If any state is not reporting when you conduct the check, you must conduct the search again until all state registries are cleared. The result will indicate whether or not any individual state systems were inoperable during that search. You may also choose to supplement the first NSOPW check by searching the individual state sex offender registr(ies) that are down or by waiting until all states/territories are again operable and conducting the nationwide search again. Individuals cannot begin working or serving hours under the grant until the nationwide NSOPW is completed.

If the results indicate name-based hits, print the list of hits and demonstrate that you’ve reviewed all the hits and determined that they do not match your candidate. Document who reviewed the results, when they were reviewed, and what criteria ensure that the name-based hit is not your candidate (wrong birth date, wrong gender, does not look like picture, etc.). Retain your date-stamped result to demonstrate that results were considered. A ‘no record found’ result must also be kept. Keep confidential as a part of grant record.

2. State of Service & State of Residence Criminal History Checks

CNCS requires that programs must conduct background checks using both the statewide repository for the state where the applicant resided upon application and the statewide repository for the state where the person will be assigned to work or serve. For applicants that both live and will serve in Connecticut,that means you will only run one state background check. For applicants that will be relocating from another state to Connecticut to serve with or work for your program, that means you will be running two different state background checks — one for Connecticut and one for the state of residence.

CNCS requires that state checks be initiated on or before the start of work or service. The “start of work or service” is the first day that hours may be logged for work, service or training. Initiation is one step further than requesting authorization to conduct the checks and must be documented. For examples of ways to initiate a state check, see “Four Ways to Initiate State and FBI Checks” on this page of this Manual.

State checks may be done using CNCS-contracted channeler Truescreen (strongly recommended), or be done manually by the program using CNCS-approved registries.

CNCS has designated specific registries in each state and most territories. While many states have more than one source of criminal history information, using any source other than those designated by CNCS is not compliant with the requirements. For a list of CNCS-designated state repositories and the alternative state approved sources in Connecticut and throughout the country, visit:

https://www.nationalservice.gov/resources/criminal-history-check/StateCheckGuidance

The results of a state repository criminal history check will vary by state. Some states will release a “rap sheet” listing all arrests and offenses, while others may provide a summary record reflecting cleared/not cleared based on screening criteria specific to that state. You must become familiar with the type of information provided in the result issued by the state you are checking, and retain that document as the result of the state level check.

While you wait for results, the individual must be accompanied when in contact with vulnerable populations, and that accompaniment must be documented (in the timesheets). Accompaniment may cease upon review of EITHER the FBI check OR both state checks (if two state checks are required to check both state of service/work and state of residence).

Review the process for the state(s) from which you will be requesting checks. Some states require organizations to be authorized before they will release criminal history information. Programs should explore options for their organization to become authorized for this access.

Some programs may not meet statutory restrictions to access state records on behalf of an individual. Be sure to document the rejections or denials. Programs may also ask that applicants request their own state criminal history records — unless they are prohibited by law from sharing those records with you as in California, or those records are prohibited from leaving the state, as in Arizona.

For a consecutive term, you do not need to conduct a new search if the break in service/employment is 120 days or less and the initial search(es) are compliant for the new position.

3. FBI Fingerprint Check

Connecticut AmeriCorps programs are not authorized by the Connecticut state repository (Department of Emergency Services & Public Protection) to receive FBI checks, nor does DESPP provide adjudicated results (reviewed and assigned pass/fail). Therefore, Connecticut AmeriCorps programs are required to use Fieldprint, a contractor secured by CNCS to provide FBI checks for individuals in covered positions when organizations cannot successfully receive this service from their state repository.

CNCS requires that FBI checks be initiated on or before the start of work or service. The “start of work or service” is the first day that hours may be logged for work, service or training. Initiation is one step further than requesting authorization to conduct the checks and must be documented. For examples of ways to initiate a state check, see “Four Ways to Initiate State and FBI Checks” on the previous page of this Manual.

While you wait for results, the individual must be accompanied when in contact with vulnerable populations, and that accompaniment must be documented (in the timesheets). Accompaniment may cease upon review of EITHER the FBI check OR both state checks (if two state checks are required to check both state of service/work and state of residence).

In most cases, the FBI checks you receive will only indicate whether an individual has cleared or not cleared a check against a certain list of criteria, as the FBI generally does not permit the release of criminal history information to entities that are not authorized by law to receive it. This is true both for FBI checks obtained through state repositories and for FBI checks obtained through Fieldprint, as required in Connecticut.

Consequently, programs must understand the screening criteria used by the agency that conducts an FBI check to act on results appropriately. At a minimum, CNCS requires that this criteria include individuals convicted of murder and individuals required to register as sex offenders. These are the only criteria Fieldprint is contracted to evaluate.

Full CNCS guidance on FBI checks and using Fieldprint is available at: https://www.nationalservice.gov/FBIGuidance

Evaluating Criminal History Check Component Results

Federally mandated National Service requirements are that an individual is ineligible to serve or work in an AmeriCorps program if any of the following apply:

  • Anyone listed, or required to be listed, on a sex offender registry.
  • Anyone convicted of murder.
  • Anyone who refuses to undergo the NSCHC.
  • Anyone who makes a false statement in connection with a program’s inquiry concerning the person’s criminal history.

Programs should have a Program-Defined Eligibility Criteria System which describes what state criminal history check findings over and above federally mandated minimum requirements would disqualify a member applicant from consideration for service with your program. This system should include:

  • Identification of specific criminal offenses that may demonstrate unfitness for performing duties specifically related to AmeriCorps member positions administered by the subgrantee AmeriCorps program based on all available evidence.
  • Identification of the duration of exclusions for criminal conduct based on all available evidence.

Program should consider the following in determining the effect of an AmeriCorps member candidate’s criminal history findings on his/her candidacy:

  • The nature and gravity of the offense or conduct;
  • The time that has passed since the offense or conduct and/or completion of the sentence; and
  • The nature of the service position held or sought.

 

Criminal History Check Compliance

Initiation of statewide and FBI checks must be documented with both an applicant’s signature on a criminal history check consent/disclosure form and subsequent submission of appropriate forms to state and FBI repositories. This consent must be given with the understanding that members have the opportunity to review negative criminal history findings. Minimum required content to be included in a criminal history check consent/disclosure form can be found in the Risk-Based Monitoring Tool Part I – Systems.

Member applicants may not incur any of the cost associated with performing any portion of the criminal history check; if a member applicant pays up-front for any portion of a criminal history check, they must be reimbursed in full for that cost.

All programs must comply with the criminal history check processes described above.

All programs must document initiation, receipt, review, and results of all NSCHC components. See Criminal History Check Documentation for more information about proper handling of NSCHC records. All programs must comply with NSCHC deadlines. NSCHC check components and their associated deadlines and documentation requirements are critically important for AmeriCorps programs to observe; failure to do so will result cost disallowance. See https://www.nationalservice.gov/CHCEnforcement.

Tutorials for National Service Criminal History Check requirements are available at the link provided above. For additional information refer to Member Management Resources

Accompaniment

Because statewide and FBI criminal registry check results often take weeks or longer to receive, the rules do not prohibit a person from serving/working for an AmeriCorps program while those checks are pending. However, the person may not have unaccompanied access to vulnerable populations while waiting for the results of the state or FBI criminal registry checks. Individuals with pending checks must at all times be in the physical presence of someone who has been cleared for such access.

Accompaniment requires a higher standard of monitoring than supervision does; accompaniment mandates that the employee or member be in the physical presence during all service hours of someone whose criminal history has been previously cleared.

The previously cleared individual who provides accompaniment to an AmeriCorps member can be a host site supervisor, school personnel, AmeriCorps program staff member, or, if necessary, other national service participant (AmeriCorps, Senior Corps member, etc.). Previously cleared individuals providing accompaniment but not associated with your AmeriCorps budget may do so as long as that individual’s criminal history check is approved at the standard of the organization that endorses their service or employment. For example, a teacher who has passed a criminal history check for successful employment at his/her school can accompany an AmeriCorps member with a pending criminal history check.

Every instance of accompaniment must be documented by the program. Member time sheets or supplemental documentation must reflect the date, time, and name of the individual providing accompaniment for every service shift a member is accompanied prior to criminal history check clearance. Logistically, this requires that your program staff have a procedure where persons responsible for accompaniment sign to confirm which members they accompanied and the date and time period of each instance of accompaniment. Signatures may be written or electronic.

Accompaniment can be concluded when cleared results are returned from either the individual’s statewide check (both state of origin and state of residence, if different) or the individual’s FBI check. It is not necessary for both statewide and FBI checks to be completed to end accompaniment.