There are various background checks available for organizations working with children, the elderly and people with disabilities. Organizations may be required or may choose to perform these background checks on new employees or volunteers. Choose the background check below that best aligns with your organization.

National fingerprint-based background check requirements

Employers who conduct national fingerprint-based criminal history record checks are required to follow certain FBI processes. You must provide the applicant with the Privacy Act statement and the applicant must acknowledge receipt of that statement. Applicants who are the subject of a national fingerprint-based criminal history record check have certain privacy rights.

In addition, state agencies, cities, counties, public school districts and tribes (government non-criminal justice agencies, or NCJA) that are requesting national fingerprint-based background checks must enter into an agreement with the BCA and obtain a unique agency identifying number, typically called an ORI. These items are required by the BCA to comply with FBI audit requirements of all NCJA.

1. Request information on obtaining an ORI for a government non-criminal justice agency. You may contact the BCA CHA Unit by phone at 651-793-2400, option 1, or by email at BCA.CHA@state.mn.us to request information on obtaining an agreement and ORI.
2. Follow the instructions in the letter to start the agreement/ORI process.
3. Communicate with the BCA as needed during the agreement/ORI process.
4. After receiving your assigned ORI, enter this number on the fingerprint card when submitting background checks to the BCA.

An auditor will be assigned to your agency. The auditor will contact your agency to begin the onboarding process that explains the audit and the overall process. The audit will not take place immediately. With the guidance of your auditor, the agency will have time to acclimate to policy requirements and to understand the audit process.

Minnesota Child, Elder and Individuals with Disabilities Protection Background Check Act

The Minnesota Child, Elder and Individuals with Disabilities Protection Background Check Act (Minnesota Statutes § 299C.60-64) in accordance with the National Child Protection Act/Volunteers for Children Act, authorizes qualified entities that provide care or care placement services to request criminal history background checks on covered individuals.

• Review this NCPA/VCA background checks information sheet for information about the background check process.
• Complete this NCPA/VCA Qualified Entity Certification Statement to become approved to request a background check from the BCA.

School Hiring Authorities

Minnesota schools (Minnesota Statute § 123B.03) are required to conduct background checks on any employees who will have contact with children as part of their jobs. Organizations that conduct background checks on behalf of schools or school districts may also be provided with this information. These schools/organizations must have the employee fill out a School Hiring Authority Consent Form to obtain this data.

• Have the applicant or volunteer complete the School Hiring Authority Consent Form to begin the background check process.
• School hiring authorities that use a third party to process their background checks must follow this process for approval.
• The Security and Management Outsourcing Standard is a required component of the third party contract.

Serve America Act

Federal law (H.R. 1388, Sec. 1614) requires organizations receiving grants funded by the Corporation for National and Community Service whose employees work with vulnerable individuals (children, the elderly or disabled) to complete a background check on those employees, including state and federal criminal history check and a search of the predatory offender database. Appropriate permissions must be provided by the employee.

• Review the Serve America Act Information Sheet for information about the process.
• Have the applicant complete the Serve America Act Consent Form to begin the background check process.

If your program is in a state other than Minnesota, and the applicant was a Minnesota resident at the time of their application, please use the Serve America Act Consent Form when requesting the state criminal history background check.

General Informed Consent

Employers that do not fit into one of the above listed categories and want to request a Minnesota criminal history background check (including private criminal history data) must obtain informed consent from the data subject. You must provide the applicant with the General Informed Consent Form. The form must be notarized.

Information contained in a Minnesota criminal history background check

Watch this video or read this document for a high-level overview of the information agencies and organizations receive when conducting a Minnesota criminal history background check.