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Are background checks available for minors?
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There is no law that prevents you from learning about a minor that works for your business. In general, you should be able to run background checks on minors; however, the availability of juvenile records is limited. The records of minors are usually sealed and cannot be seen by the general public. Nonetheless, if you decide to conduct a background check you must follow federal laws, delineated in Fair Credit Reporting Act (FCRA). In addition, there are state statutes pertaining to consumer reporting laws and how to conduct background checks.
Employers who hire outside companies to conduct employment screening for job candidates, volunteers, independent contractors or current employees are subject to the requirements of the FCRA. One of the major requirements of the FCRA is that employers must obtain the written consent of a person before obtaining a background investigation report. Some legal experts would recommend that you take this step even further when dealing with minors by having a parent or guardian sign the consent form along with the minor.
Companies that have their own staff conduct background checks in-house are not bound by FCRA laws. However, many states have laws that require the written consent of the individual before you can run a background check. In addition, you may be required to get the signature on a separate sheet of paper aside from any other documents you may give to the person. Also, the FCRA stipulates that you must give the person a Summary of Rights, which you should have the person acknowledge that they received.
Employers who hire outside companies to conduct employment screening for job candidates, volunteers, independent contractors or current employees are subject to the requirements of the FCRA. One of the major requirements of the FCRA is that employers must obtain the written consent of a person before obtaining a background investigation report. Some legal experts would recommend that you take this step even further when dealing with minors by having a parent or guardian sign the consent form along with the minor.
Companies that have their own staff conduct background checks in-house are not bound by FCRA laws. However, many states have laws that require the written consent of the individual before you can run a background check. In addition, you may be required to get the signature on a separate sheet of paper aside from any other documents you may give to the person. Also, the FCRA stipulates that you must give the person a Summary of Rights, which you should have the person acknowledge that they received.
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