What You Need to Know About Background Checks

A background check can help families and child care programs identify information that may affect a person’s suitability to work with children.

But the phrase background check can mean very different things.

It may refer to:

• A fingerprint-based FBI criminal history check
• A state criminal record search
• A sex offender registry search
• A child abuse and neglect registry check
• An interstate search
• Employment verification
• Education verification
• Reference checks
• Driving history
• Identity verification
• A private commercial screening report

One search does not replace all the others.

A name-based internet report may miss records associated with:

• A former name
• A different state
• A data-entry error
• A delayed court update
• Identity theft
• A sealed or restricted record
• A record not sold to private databases

Likewise, even a legally required comprehensive child care check cannot predict every future action.

Background screening should be combined with:

• Interviews
• Reference checks
• License verification
• Direct observation
• Clear policies
• Active supervision
• Ongoing accountability

Background Checks in Licensed Child Care

Federal law requires states and territories to ensure that staff in licensed child care programs complete comprehensive criminal background checks.

ChildCare.gov identifies the required components as:

1. A national FBI criminal history check using fingerprints
2. A search of the National Crime Information Center’s National Sex Offender Registry
3. Searches in the current state and each state where the person lived during the previous five years involving:
   • State criminal history
   • State sex offender registry
   • State child abuse and neglect registry

The current state criminal check must use fingerprints. Other states may use the process required by that state.

These requirements are administered through state and territory child care systems.

Who Must Be Checked in Licensed Programs?

Covered individuals generally include:

• Directors
• Teachers
• Caregivers
• Assistants
• Bus drivers
• Kitchen staff
• Custodians
• Administrative employees
• Volunteers with unsupervised access
• Contractors with unsupervised access
• Adults who work in a family child care home
• Adults who live in a family child care home

A person does not need to be a lead teacher to create a child-safety concern.

An adult who:

• Cleans after hours
• Drives children
• Repairs equipment
• Teaches enrichment
• Works in the office
• Lives in the provider’s home

may still need screening depending on access and the applicable rules.

How Often Are Licensed Staff Rechecked?

ChildCare.gov states that programs must request checks before hiring and at least once every five years.

States may impose:

• More frequent renewals
• Continuous monitoring
• New checks after a break in service
• New checks after moving states
• New fingerprints for certain transfers
• Additional checks after a legal event

Providers should follow the state’s current process rather than relying only on the federal minimum interval.

What a Fingerprint Check Does

A fingerprint check compares biometric identifiers rather than relying only on a name and date of birth.

This can reduce problems involving:

• Similar names
• Name changes
• Aliases
• Incorrect birth dates
• Identity confusion

Fingerprint checks are particularly important when searching:

• FBI criminal history
• State criminal repositories
• Licensing databases

However, a fingerprint record is only as complete as the information reported to the repository.

A missing disposition, delayed update, or record-reporting error can still occur.

FBI Criminal History Check

The FBI check may show criminal-history information submitted by federal, state, tribal, and local agencies.

It may contain:

• Arrest information
• Charges
• Dispositions
• Convictions
• Incomplete records

The licensing agency—not the child care employer or family—typically determines how a result affects eligibility under child care law.

A record does not always mean the person is automatically disqualified.

The outcome depends on:

• Offense
• Disposition
• Age of record
• Statutory disqualification
• Rehabilitation provisions
• State process
• Appeal or waiver rights

National Sex Offender Registry Search

The required child care process includes the National Crime Information Center’s National Sex Offender Registry.

Families can also search public sex offender websites, but public searches have limitations.

A public registry may not show:

• Nonpublic law-enforcement information
• Every offense
• Records excluded by state law
• Current address when reporting is delayed
• People who have not been convicted
• Misconduct that did not result in registration

Public registry searches should not be the only screening step.

State Criminal History Checks

A state criminal history search may include records from:

• State police
• Courts
• Corrections
• Local law enforcement
• State repositories

The search method differs by state.

Some states require:

• Fingerprints
• Signed release
• Agency account
• In-person request
• Employer registration
• Specific child care form

When a person has lived in several states, searching only the current state can miss relevant history.

Child Abuse and Neglect Registries

Child abuse and neglect registries are separate from ordinary criminal records.

A person may have:

• A registry finding without a criminal conviction
• A criminal case without a registry finding
• A pending administrative appeal
• A finding that is not publicly accessible

The required child care check includes the current state and prior states of residence during the applicable lookback period.

Private families may not always have direct access to these registries.

Availability depends on:

• State law
• Employer type
• Written consent
• Authorized purpose
• Required forms
• Fees
• Applicant participation

A family hiring a nanny should contact the state child welfare or child care agency to ask what screening options are legally available.

Interstate Checks

Interstate searches are essential because people move.

The applicant may need to provide:

• Current legal name
• Former names
• Date of birth
• Social Security number
• Prior addresses
• States of residence
• Fingerprints
• Signed releases

Incomplete address history can lead to incomplete screening.

Child Care Technical Assistance Network maintains official interstate child care background-check contacts, but the licensing agency should guide the process.

Background Checks for Nannies

A nanny working in a family’s home may not be screened through the licensed child care system.

ChildCare.gov notes that informal in-home caregivers such as nannies, babysitters, friends, and neighbors may not be monitored by a licensing agency for criminal background checks or required safety training.

That means the family may need to arrange lawful screening independently.

A nanny screening plan may include:

• Identity verification
• Criminal background report
• County court searches
• State searches
• Sex offender registries
• Driving record
• Employment verification
• Education verification
• Professional license verification
• Reference checks
• Social Security number trace used appropriately
• Child abuse registry check where available
• Right-to-work documentation through lawful employment processes

Do not confuse immigration employment verification with a criminal background check.

Identity Verification Comes First

A report is only useful when it belongs to the correct person.

Verify:

• Full legal name
• Former names
• Date of birth
• Current address
• Prior addresses
• Government-issued identification
• Name used on employment records

Do not copy or retain more sensitive information than necessary.

Store identity documents securely.

Never send Social Security numbers, driver’s licenses, or background reports through insecure group messages or ordinary shared folders.

Reference Checks

References can reveal information that databases cannot.

Ask former employers:

• What dates did the person work for you?
• What ages were the children?
• What duties did the nanny perform?
• Was the nanny reliable?
• How did the nanny communicate?
• How did the nanny respond to emergencies?
• Was driving involved?
• Would you hire the person again?
• Why did employment end?

Verify that the reference is genuine.

Possible steps include:

• Compare contact details with employment history
• Ask detailed questions
• Confirm dates
• Check whether the number belongs to a real family or business
• Request more than one reference

Do not ask questions that violate employment or discrimination law.

Employment Verification

Employment verification may confirm:

• Employer
• Position
• Dates
• Eligibility for rehire
• Duties when the employer will provide them

Gaps do not automatically mean misconduct.

Ask the candidate to explain:

• School
• Family caregiving
• Travel
• Unemployment
• Self-employment
• Informal work

Document the explanation without inventing conclusions.

Education and Credential Verification

When a candidate claims:

• CDA credential
• College degree
• CPR certificate
• Teaching license
• Nursing license
• Early childhood credential
• Driving qualification

verify the claim with the issuer.

Check:

• Name
• Award date
• Expiration
• Credential number
• Current status
• Disciplinary history where available

A copy of a certificate can be altered.

Direct verification is stronger.

Motor Vehicle Record

A driving record is especially important when the nanny will:

• Drive children
• Use a family vehicle
• Use a personal vehicle
• Handle school pickup
• Travel to activities
• Drive during family travel

A motor vehicle report may show:

• License status
• Suspensions
• Moving violations
• Accidents
• DUI-related records
• Restrictions

Also verify:

• Appropriate insurance
• Vehicle registration
• Child restraint knowledge
• Permission for business use
• Safe vehicle condition

A criminal background check does not replace a driving record.

Consumer Reporting Companies and the FCRA

When an employer uses a background-screening company to obtain a report for employment, the Fair Credit Reporting Act may apply.

The report is often legally considered a consumer report.

Before obtaining it, the employer generally must:

• Tell the applicant in a clear, stand-alone written disclosure
• Obtain written permission
• Certify to the screening company that the legal requirements are being followed

Do not bury the disclosure inside:

• Employment contract
• Liability waiver
• Release of unrelated claims
• Handbook acknowledgment
• Job application with extensive extra language

The FTC advises employers to keep the required disclosure simple and separate.

Adverse Action Under the FCRA

If an employer may reject, terminate, reassign, or otherwise disadvantage an applicant because of a consumer report, the FCRA generally requires a two-step process.

Before final adverse action

Provide:

• Copy of the report
• Summary of rights under the FCRA

This gives the person an opportunity to review and dispute errors.

After adverse action

Provide notice including:

• Name of the screening company
• Contact information
• Statement that the screening company did not make the decision
• Right to dispute accuracy or completeness
• Right to obtain another copy within the applicable period

Employers should not make the process meaningless by sending the pre-adverse notice and final rejection at the same moment.

Allow a reasonable opportunity for review.

State and Local Hiring Laws

States and cities may regulate:

• When criminal history can be requested
• Whether a conditional offer is required first
• Which records may be considered
• Individualized assessment
• Notice requirements
• Arrest records
• Expunged or sealed records
• Salary history
• Credit reports
• Marijuana-related records
• Fair-chance hiring

A family or child care company should review laws for the job location.

Federal compliance does not replace state or local compliance.

Equal Employment Opportunity

Background checks must not be used in a discriminatory way.

The EEOC states that an employer cannot use screening to discriminate based on protected characteristics such as:

• Race
• Color
• National origin
• Sex
• Religion
• Disability
• Genetic information
• Age when protected

A neutral policy can also create legal risk when it disproportionately excludes a protected group and is not job-related and consistent with business necessity.

Employers should apply consistent standards to applicants for the same role.

Arrests and Convictions Are Different

An arrest does not establish that misconduct occurred.

A conviction is a formal legal outcome, but even conviction records should be assessed under applicable law.

Relevant factors may include:

• Nature of offense
• Relationship to child care duties
• Time elapsed
• Employment history
• Evidence of rehabilitation
• Accuracy of record
• State disqualification law

Licensed child care systems may have mandatory disqualifying offenses that leave less employer discretion.

Private nanny employers should not invent a blanket policy without understanding federal, state, and local requirements.

Credit Checks

A credit report is usually unrelated to hands-on child care duties.

It may be considered for certain roles involving:

• Significant financial authority
• Bill payment
• Household management
• Access to business accounts

Even then, state and local law may restrict employment credit checks.

Credit history should not be used merely out of curiosity.

The employer should be able to explain why it is job-related.

Social Media Searches

Social media can reveal useful context, but it creates risk.

An employer may encounter information about:

• Religion
• Disability
• Pregnancy
• Age
• Family status
• Political views
• National origin
• Other protected information

Social media may also contain:

• Fake profiles
• Old content
• Misidentified people
• Altered images
• Jokes without context

If social media review is used:

• Apply a consistent process
• Verify identity
• Focus on job-related public conduct
• Do not demand passwords
• Follow state privacy law
• Document lawful reasons
• Avoid discriminatory decisions

A social media search is not a substitute for references and official records.

Drug Testing

Drug testing requirements vary by:

• State
• Local law
• Employer
• Program type
• Position
• Contract
• Workers’ compensation system

A child care license may require certain health screenings, while a private family may have different legal options.

Consider:

• Written policy
• Consent
• Testing laboratory
• Prescription medication
• Cannabis law
• Disability discrimination
• Confidentiality
• Retesting
• Adverse action

Consult qualified legal guidance before implementing a testing program.

What Parents Can Ask a Child Care Center

Families may ask:

• Are all required staff checks current?
• Are household members screened in family child care?
• Are volunteers screened?
• Are drivers screened?
• Are enrichment instructors screened?
• How often are checks renewed?
• Can uncleared staff be alone with children?
• What happens if a staff member moves from another state?
• Does the program use continuous monitoring?
• How are disqualifications handled?

Programs generally should not share confidential criminal-history reports.

They can explain the process and confirm compliance.

What Families Should Ask a Nanny Candidate

Ask for permission to verify:

• Identity
• Address history
• References
• Employment
• Education
• Credentials
• Driving history
• Criminal background
• Child care experience

Also ask behavioral questions:

• Tell me about an emergency you handled.
• How do you respond when a child refuses a direction?
• What would you do if you became overwhelmed?
• How do you document injuries?
• How do you handle medication?
• How do you maintain professional boundaries?
• What would a previous employer say you should improve?

Background information and interview answers should be evaluated together.

Background Checks for Babysitters

An occasional babysitter may fall outside some formal employment-screening systems, but families can still use reasonable precautions.

Depending on age and situation:

• Verify identity
• Meet in person
• Check references
• Confirm CPR or first aid
• Review emergency plans
• Observe interaction
• Start with a shorter period
• Explain visitors and social media rules
• Confirm transportation expectations

For a minor babysitter, screening options may be limited and privacy considerations are different.

The family should also evaluate maturity, training, and emergency readiness.

Household Members and Visitors

When care occurs in a provider’s home, ask:

• Who lives there?
• Who visits regularly?
• Are adult household members screened?
• Are renters present?
• Are contractors present during care?
• Are older children or teens in the home?
• Can visitors access child care areas?
• Are firearms, medication, and hazardous materials secured?

Licensed family child care background-check rules generally cover adult residents, but exact age and access requirements vary by state.

Background Checks for Contractors

A child care program may use:

• Therapists
• Photographers
• Music teachers
• Sports instructors
• Maintenance workers
• Janitorial companies
• Temporary staffing agencies

The program should determine:

• Whether screening is required
• Who conducts it
• Whether the contractor can be unsupervised
• Whether results are current
• Whether insurance is maintained
• Whether the contract allocates responsibility

Do not assume another company’s screening meets child care law.

Continuous Monitoring

Some jurisdictions use systems that alert the agency or employer to new criminal-history events.

Continuous monitoring may reduce the gap between:

• A new arrest or record
• The next scheduled five-year recheck

It does not replace:

• Staff self-reporting
• Periodic full checks
• Interstate searches
• Registry checks
• Supervision

Ask the licensing agency whether ongoing monitoring applies.

Recordkeeping and Privacy

Background reports contain sensitive personal information.

Store them:

• In restricted files
• Separately from general personnel records when appropriate
• In encrypted systems
• With limited access
• According to retention law
• With secure disposal

Do not:

• Email reports broadly
• Leave them on desks
• Share them with parents
• Discuss results with unrelated staff
• Keep reports forever without a reason
• Dispose of them in ordinary trash

The FTC requires secure disposal of consumer report information.

Correcting Errors

Background reports can contain errors.

Examples include:

• Wrong person
• Dismissed charge shown as pending
• Expunged record
• Incorrect disposition
• Duplicate case
• Outdated address
• Record belonging to a relative

Applicants should receive information about how to dispute errors.

Employers should preserve:

• Report
• Notices
• Applicant response
• Supporting documents
• Final decision
• Date of decision

Do not ignore credible evidence that the report is wrong.

A Clear Record Is Not a Safety Guarantee

A person can pass every check and still:

• Use unsafe discipline
• Ignore supervision
• Violate boundaries
• Drive carelessly
• Fail to report concerns
• Become impaired
• Develop new behavior problems

Programs and families still need:

• Direct observation
• Clear expectations
• Incident reporting
• Supervision
• Cameras used lawfully
• Reference checks
• Performance reviews
• Open communication
• Complaint procedures

Background checks reduce risk. They do not eliminate it.

Red Flags in a Screening Process

Be cautious when:

• The candidate refuses lawful consent without explanation
• Names and dates do not match
• Employment cannot be verified
• References seem fabricated
• The report belongs to another person
• The screening company cannot explain sources
• A provider claims “federal clearance” without details
• A report is instant and unusually broad
• The employer skips adverse-action steps
• Sensitive reports are handled casually
• A child care center cannot explain who is screened
• A family child care home refuses to identify adult residents

A discrepancy should prompt clarification, not an automatic accusation.

Building a Nanny Screening Process

A family can use a structured sequence.

Step 1: Define the role

Clarify:

• Children
• Schedule
• Driving
• Travel
• Household duties
• Overnight work
• Medical needs

Step 2: Interview

Assess:

• Experience
• Judgment
• Communication
• Discipline
• Emergency response
• Boundaries

Step 3: Obtain written authorization

Follow FCRA, state, and local requirements when using a consumer reporting company.

Step 4: Verify identity and address history

Use lawful, secure methods.

Step 5: Order appropriate searches

Consider:

• Criminal records
• Sex offender registries
• Driving record
• Credentials
• Employment
• Education
• Available child abuse registry check

Step 6: Check references

Speak directly with several prior employers.

Step 7: Review results fairly

Verify accuracy and follow required notice procedures.

Step 8: Document the decision

Record lawful, job-related reasons.

Step 9: Recheck when appropriate

Consider periodic screening, driving-record updates, and credential renewals.

Frequently Asked Questions

Related Resources

• What Is Job Creep, and How Does It Affect Nanny Turnover Rates?
• What Kinds of Certifications Should a Childcare Provider Have?
• Is Your Childcare Provider Safe? 3 Signs Your Kids are in Danger
• Questions to Ask When Interviewing a Daycare Provider
• How to Choose Child Care: A Parent’s Complete Guide
• Meeting Staffing Requirements for Daycare Providers
• Why Are Childcare Providers Licensed?

Sources

• ChildCare.gov: Staff Background Checks
• ChildCare.gov: Informal In-Home Child Care
• ChildCare.gov: Child Care Licensing
• Child Care Technical Assistance Network: Interstate Child Care Background Check Contacts
• Federal Trade Commission: Background Checks—What Employers Need to Know
• Federal Trade Commission: Using Consumer Reports—What Employers Need to Know
• Federal Trade Commission: Employer Background Checks and Your Rights
• Federal Trade Commission: Fair Credit Reporting Act
• Equal Employment Opportunity Commission: Background Checks
• Equal Employment Opportunity Commission: Criminal Records
• Equal Employment Opportunity Commission: Background Checks—What Employers Need to Know

ChildCareCenter.us is an independent directory and educational resource. Background-check, fingerprinting, registry, privacy, consent, adverse-action, fair-chance, employment, and child care licensing requirements vary by jurisdiction, employer, and role and may change. This article is not legal, employment, investigative, or licensing advice. Use official agencies, qualified screening providers, and legal professionals when necessary.