National Service Criminal History Checks Recordkeeping Requirements

§ 2540.205 What procedures must I follow in conducting a National Service Criminal
History Check for a covered position?
You are responsible for following these procedures:
(a) Verify the individual’s identity by examining the individual’s government issued photo
identification card, such as a driver’s license;
(b) Obtain prior, written authorization from the individual for the State registry check, for
the FBI criminal history check, and for the appropriate sharing of the results of the checks
within the program. Prior written authorization from the individual is not required to
conduct the nationwide NSOPW check;
(c) Document the individual’s understanding that selection into the program is contingent
upon the organization’s review of the individual’s National Service Criminal History Check
component results, if any;
(d) Ensure that screening practices comply with federal civil rights laws, including Titles VI
and VII of the Civil Rights Act of 1964 (and the Corporation’s implementing regulations
under Title VI);
(e) Provide a reasonable opportunity for the individual to review and challenge the factual
accuracy of a result before action is taken to exclude the individual from the position;
(f) Provide safeguards to ensure the confidentiality of any information relating to the
criminal history check, consistent with authorization provided by the applicant; and
(g) Ensure that an individual, for whom the results of a required state or FBI criminal
history registry check are pending, is not permitted to have access to children age 17 years
or younger, to individuals age 60 years or older, or to individuals with disabilities without
being in the physical presence of:
(1) Your authorized representative who has previously been cleared for such access;
(2) A family member or legal guardian of the vulnerable individual; or
(3) An individual authorized, because of his or her profession, to have recurring access to
the vulnerable individual, such as an education or medical professional.
(h) Unless specifically approved by the Corporation, you may not charge an individual for
the cost of any component of a National Service Criminal History Check.
§ 2540.206 What documentation must I maintain regarding a National Service Criminal
History Check for a covered position?
You must:

(a) Document in writing that you verified the identity of the individual in a covered position
by examining the individual’s government-issued photo identification card, and that you
conducted the required checks for the covered position; and
(b) Maintain the results, or a results summary issued by a State or Federal government
body, of the NSOPW check and the other components of each National Service Criminal
History Check, unless precluded from doing so by State or Federal law or regulation.
You must also document in writing that an authorized grantee representative considered
the results of the National Service Criminal History Check in selecting the individual.