404–Employment Background Checks

POLICY 404

ADOPTED:  October 2002

Revised:  July 2003

404      EMPLOYMENT BACKGROUND CHECKS

I. PURPOSE

The purpose of this policy is to maintain a safe and healthful environment in the agency in order to promote the physical, social, and psychological well-being of its employees. To that end, the agency will seek a criminal history background check for applicants who receive an offer of employment with the agency or such other background checks as provided by this policy.  The agency may also elect to do background checks of volunteers, independent contractors and student employees in the agency.

II. GENERAL STATEMENT OF POLICY

1. The agency shall require that applicants for agency positions who receive an offer of employment submit to a criminal history background check.  The offer of employment shall be conditioned upon a determination by the agency that an applicant’s criminal history does not preclude the applicant from employment with the agency.
2. The agency specifically reserves any and all rights it may have to conduct background checks regarding current employees or applicants without the consent of such individuals.
3. Adherence to this policy by the agency shall in no way limit the agency’s right to require additional information, or to use procedures currently in place, or other procedures, to gain additional background information concerning employees, applicants, volunteers, independent contractors and student employees.

III.  PROCEDURES

(1)Normally an applicant will not commence employment until the agency receives the results of the criminal history background check.  The agency may conditionally hire an applicant pending completion of the background check, but shall notify the applicant that the applicant’s employment may be terminated based on the result of the background check.  Background checks will be performed by the Minnesota Bureau of Criminal Apprehension (hereinafter “the BCA”).  The agency reserves the right to also have criminal history background checks conducted by other organizations or agencies.

(2) An applicant who is offered employment must sign a criminal history consent form, which provides permission for the agency to conduct a criminal history background check, and provide a money order or check payable to either the BCA or to the agency, at the election of the agency, in an amount equal to the actual cost to the BCA and the agency conducting the criminal history background check.  If the applicant fails to provide the agency with a signed Informed Consent Form and fee at the time the applicant receives a job offer, the applicant will be considered to have voluntarily withdrawn the application for employment.

(3) The agency, in its discretion, may elect not to request a criminal history background check on an applicant who holds an initial entrance license issued by the State Board of Teaching or the State Board of Education within the 12 months preceding an offer of employment.

(4) The agency may use the results of a criminal background check conducted at the request of another agency hiring authority if:

• The results of the criminal background check are on file with the other agency hiring authority or otherwise accessible;
• The other agency hiring authority conducted a criminal background check within the previous 12 months;
• The applicant executes a written consent form giving the agency access to the results of the check; and
• There is no reason to believe that the applicant has committed an act subsequent to the check that would disqualify the applicant for employment.

(5) For all nonstate residents who are offered employment with the agency, the agency shall request a criminal history background check on such applicants from the superintendent of the BCA and from the government agency performing the same function in the resident state, or if no government entity performs the same function in the resident state, from the Federal Bureau of Investigation. Such applicants must provide an executed criminal history consent form.

(6)When required, applicants must provide fingerprints to assist in a criminal history background check.  If the fingerprints provided by the applicant are unusable, the applicant will be required to submit another set of prints.

(7) Copies of this policy shall be available in the agency’s employment office and will be distributed to applicants for employment upon request.  The need to submit to a criminal history background check may be included with the basic criteria for employment in the job posting and job advertisements.

(8) The applicant will be informed of the results of the criminal background check(s) to the extent required by law.

(9) If the criminal history background check precludes employment with the agency, the applicant will be so advised.

(10) The agency may apply these procedures to volunteers, independent contractors or student employees as though they were applicants for employment.

IV. CRIMINAL HISTORY CONSENT FORM

A form to obtain consent for a criminal history background check is included with this policy.

Legal References:      Minn. Stat. § 13.04, Subd. 4 (Inaccurate or Incomplete Data)

Minn. Stat. § 123B.03 (Background Checks)

Minn. Stat. §§ 299C.60-299C.64 (Minnesota Child Protection Background Check Act)

Minn. Stat. § 364.09(b) (Exception for Agencies)