Federal · Title 42 — Public Health and Welfare

42 U.S.C. § 12645g: Criminal history checks

Civil

What this law says, in plain English

Entities must conduct criminal history checks on individuals receiving compensation through national service programs, including sex offender registry searches and FBI background checks, with limited exceptions.

Read the full statutory text
Each entity selecting individuals to serve in a position in which the individuals receive a living allowance, stipend, national service educational award, or salary through a program receiving assistance under the national service laws, shall, subject to regulations and requirements established by the Corporation, conduct criminal history checks for such individuals. a name-based search of the National Sex Offender Registry established under the Adam Walsh Child Protection and Safety Act of 2006 ( 42 U.S.C. 16901 et seq.); 1 and 1 See References in Text note below. a search of the State criminal registry or repository in the State in which the program is operating and the State in which the individual resides at the time of application; or submitting fingerprints to the Federal Bureau of Investigation for a national criminal history background check. refuses to consent to the criminal history check described in subsection (b); makes a false statement in connection with such criminal history check; is registered, or is required to be registered, on a State sex offender registry or the National Sex Offender Registry established under the Adam Walsh Child Protection and Safety Act of 2006 ( 42 U.S.C. 16901 et seq.); 1 or has been convicted of murder, as described in section 1111 of title 18 . a name-based search of the National Sex Offender Registry established under the Adam Walsh Child Protection and Safety Act of 2006 ( 42 U.S.C. 16901 et seq.); 1 a search of the State criminal registry or repository in the State in which the program is operating and the State in which the individual resides at the time of application; and submitting fingerprints to the Federal Bureau of Investigation for a national criminal history background check. serves in a position in which the individual receives a living allowance, stipend, national service educational award, or salary through a program receiving assistance under the national service laws; and children age 17 years or younger; individuals age 60 years or older; or individuals with disabilities. where the service provided by individuals serving with the entity to a vulnerable population described in paragraph (2)(B) is episodic in nature or for a 1-day period; where the cost to the entity of complying with this subsection is prohibitive; where the entity is not authorized, or is otherwise unable, under State law, to access the national criminal history background check system of the Federal Bureau of Investigation; where the entity is not authorized, or is otherwise unable, under Federal law, to access the national criminal history background check system of the Federal Bureau of Investigation; or to which the Corporation otherwise provides an exemption from this subsection for good cause.

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