National Service Criminal History Checks

1. National ServiceCriminal History Checks

2. National Service Criminal History Checks Three-part check consists of: • National Sex Offender Public Registry; • Statewide criminal history repository check (residency and/or work/serve, if different); and • A fingerprint-based FBI criminal history repository check.

3. Who is a “covered individual”? A covered individual is any individual who receives a Corporation grant-funded living allowance, stipend, national service education award, or salary for participation in or employment by a program.

4. Requirements Based on the Date the Individual in the Covered Position is Hired or Enrolled

5. Disqualifiers • Convicted of murder as defined in section 1111 of title 18 U.S.C. • Is registered, or required to be registered, on the state or national sex offender registry • Refuses to consent to the required national service criminal history checks or makes a false statement in connection with the grantee’s inquiry

6. Recurring Service For an individual who serves consecutive terms of service in your program with a break in service of no more than 30 days, no additional check is required after the first term. However, this does not eliminate the need for a heightened check (if required).

7. Compliant Checks • You must conduct a National Service Criminal History Check upon selection and before enrolling or hiring any new covered individual. • You must review the results of the NSOPW prior to enrolling or hiring the covered individual. • You may permit the covered individual to commence grant-funded work or service pending receipt of the state or FBI criminal registry check results so long as the individual is not permitted access to vulnerable populations without being accompanied by an appropriate individual (as described in §2540.204(f) of this chapter).

8. Alternate Search Protocol (ASP) If you believe that you are prohibited or otherwise precluded under state law from complying with a Corporation requirement relating to criminal history checks or that you can obtain substantially equivalent or better information through an alternative process, the Corporation will consider approving an alternative search protocol.

9. What’s New? • Heightened checks are required for any covered position hired/enrolled on or after April 21, 2011 – programs have 60 days after publication of the final rule to complete the heightened check (e.g. summer positions). • FBI check no longer “trumps” the requirement to conduct state check(s).

10. Next Steps • Determine if an ASP is necessary due to barriers your program faces to conduct compliant checks. • Subgrantees may provide comments to CNCS regarding the Federal Register (July 6, 2011) on or before August 5, 2011.