National Service Criminal History Check Resources
Under the Serve America Act (SAA), all grantees must conduct National Service Criminal History checks on participants and program employees in AmeriCorps, Learn and Serve, Foster Grandparent, Senior Companion and any other programs funded by the Corporation under National Service laws. All employees, participants, and others who receive a salary, national service education award, living allowance, or stipend under Corporation grants, even if the activities don’t involve service with vulnerable populations, must receive the checks prior to beginning employment or service. Summer of service awards are not considered national service education awards. For the RSVP and VISTA programs, grantees are not required to conduct criminal history checks on their volunteers; however, RSVP and VISTA grantees are required to conduct criminal history checks on all employees who receive part or all of their salary from the respective program grant. Regulations have been in effect since November 2007 requiring checks on individuals in recurring contact with a vulnerable population, and 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 April 21, 2011, programs have been required to conduct FBI background checks on covered individuals who will have recurring contact with vulnerable populations. Due to the significant period of time between April 21, 2011 and the effective date of the regulation, the Corporation is anticipating that the final regulations will include a blanket, good cause exception, authorized by section 2540(b)(4): an otherwise covered individual who was hired by, or enrolled in, a program on, or after, April 21, 2011, and then departed the program before the effective date of this regulations, is not subject to the heightened search requirement. Guidance offered below is regularly updated:
- Read the Federal Register Notice with Request for Public Comments due August 5, 2011 – published on July 6, 2011 (PDF)
- Read the Federal Register notice – published on September 10, 2009 (PDF)
- Read the Federal Register notice – published on August 24, 2007 (PDF)
- National Service Criminal History Checks, "Minimize Your Risk," National Conference, June 6-8, 2011 (PPT)
- AmeriCorps "Criminal History Checks," AmeriCorps Grantee Meeting, September 13-16, 2011 (PPT)
- Frequently Asked Questions, last updated May 10, 2012 (PDF) (NEW)
- Listing of Required State Criminal History Information Repositories and Alternatives as of May 7, 2012
- Guidance on Obtaining FBI Criminal History Checks, last updated March 11, 2011 (PDF)
- FBI Memorandum October 31, 2011 to State Criminal History Information Repositories RE: Serve America Act (PDF)
- How to Request Approval of an Alternate Search Protocol (PDF)
- VISTA Sponsor Fact Sheet (PDF)
- Corporation for National and Community Service Enforcement of Criminal History Check Compliance Guidance, October 2011 (PDF)
The resources listed below are provided to help Corporation grantees establish appropriate screening procedures for the selection of volunteers and staff members. These resources contain practical, useful information that can help grantees exercise proper due care in the selection of volunteers and staff members for their respective programs. This list is not exhaustive. Consequently, it would be prudent for grantees to also review other available resources that address volunteer selection and management issues.
- Staff Screening Tool Kit (Third Edition) (PDF)
- Screening and Placing New Members, EnCorps Collection
- The Attorney General’s Report on Criminal History Background Checks (June 2006) (PDF)
- National Center for Missing and Exploited Children
- National Mentoring Partnership: Risk Management and Screening and Background Check Resources (scroll down to find these categories)
- The EEOC Compliance Manual
- Department of Justice (DOJ) National Sex Offender Public Registry (NSOPR)
- National Sex Offender Public Registry
- Federal Trade Commission’s Standards for Safeguarding Customer Information, 16 CFR Part 314 (PDF)
- NVOAD Manual (PDF)
RELATED RESOURCES
- Beyond Police Checks: The Definitive Volunteer & Employee Screening Guidebook
- Guidelines for the Screening of Persons Working with Children, the Elderly, and Individuals with Disabilities in Need of Support
- Screening Volunteers to Prevent Child Sexual Abuse: A Community Guide for Youth Organizations
