Employment/Volunteer Background Checks
There are several options available to employers, depending upon their qualifications.
Working with children and vulnerable adults
Utah Code Annotated 53-10-108 allows qualifying entities to request Utah criminal history information. This includes care, custody and control of children, fiduciary trusts, national security interests and the care of vulnerable adults.
Public law 105-251, the Volunteers for Children Act which amended the National Child Protection Act of 1993, was enacted October 9, 1998 to allow the qualifying entities who care for children and vulnerable adults to request fingerprint-based national criminal history record checks of their volunteers and employees. For more information, download the Application Form.
Private Entities and Private Adoption
The FBI has determined that under Public Law 105-251 private entities can receive FBI criminal data. As of July 1, 2015 BCI will begin to qualify private entities to submit fingerprint based background checks to the FBI and provide them with FBI criminal information. This includes any private entity that provides child care placement services and adoptions. Utah is also approved to provide FBI criminal information to private entities who qualify under Public Law 109-248 the Adam Walsh Act. If your entity qualifies, download the application here.
Public Law 92-544
Federal law allows officials of state and local governments authorized by state statutes to use FBI identifications records for the purpose of employment and licensing. The statute must exist as a result of legislative enactment. It must require fingerprinting of the applicants. It must expressly or by implication authorize the use of FBI records. It must identify the specific category of applicants. It may not authorize receipt of FBI criminal information by a private entity. If your entity qualifies, download the application here.
Other Employers
If your entity does not fall under one of the two categories mentioned above, your only option is to request that your employees apply directly to BCI or the FBI for a copy of their own criminal history. (Find out more about obtaining a copy of your own Utah criminal history record here.) For national background check information request that your employees apply directly to the FBI for a copy of their own criminal history (Find out more about obtaining a copy of your own FBI criminal history record here.)
Privacy Statements and Signed Waiver
All applicants must be notified that a criminal history background check will be conducted according to the guidelines set in UCA 53-10-108(4) and they will have an opportunity to review and challenge the results of the background check.
UCA 53-10-108(4)(g) does allow a qualifying entity to provide a copy of the background check report to the applicant but qualifying entities must ensure the applicant is aware that the copy provided cannot be used for any other purpose other than to review, respond or challenge.
(ii) An individual who is the subject of a background check and who receives a copy of the information described in Subsection (4)(g)(i) may use the information only for the purpose of reviewing, responding to, or challenging the accuracy of the information.
In addition to the signed waiver, any qualifying entity who receives FBI criminal history must also provide the applicant with the FBI Privacy Act Statement and the FBI Noncriminal Justice Applicant’s Privacy Rights
For more information, please contact BCI at 801-965-4445, option #6, then option #2. Our hours are 8:00 am to 5:00 pm, Monday through Friday. We are closed weekends and holidays.
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