ACF-PI-HS-09-05 CRIMINAL RECORDS CHECKS.PDF

U.S. DEPARTMENT
OF HEALTH AND HUMAN SERVICES
ACF
1. Log No. ACF-PI-HS-09-05 2. Issuance Date: 03/26/2009
Administration for Children and
Families
3. Originating Office: Office of Head Start
4. Key Words: Criminal Record Checks
Note: This Instruction supersedes ACF-PI-HS-08-04
PROGRAM INSTRUCTION
TO: All Head Start and Early Head Start Grantees
SUBJECT: Criminal Record Checks
INSTRUCTION:
What is a “criminal record”?
A criminal record is a summary of an individual’s contacts with law enforcement. Such records are
maintained and updated on the local, state and federal levels by various law enforcement agencies.
What are the current “criminal record check” requirements for all Head Start and Early
Head Start agencies?
In accordance with Section 648A(g)(3) of the Head Start Act, 42 U.S.C. 9843A(g)(3), Head Start and
Early Head Start agencies must obtain before employment for all prospective Head Start and Early
Head Start employees the results from at least one of the following:
A State criminal record check which covers all jurisdictions where the grantee provides Head Start
services to children; or
A Tribal criminal record check which covers all jurisdictions where the grantee provides Head Start
services to children; or
A Federal criminal record check conducted by the Federal Bureau of Investigation (FBI); or
Another criminal record check as provided by Section 648A(g)(3)(A)-(C).
American Indian and Alaska Native (AIAN) Head Start grantees may choose whichever of the above
four options they determine is most appropriate for a pre-employment criminal record check for a
particular individual. Non-AIAN Head Start grantees will need to choose between a State or Federal
criminal record check. One of these requirements must be met before an individual may begin work
(i.e. is employed) with the Head Start program.

Grantees may be subject to additional criminal record check requirements under state or tribal law.
If one of the Head Start Act criminal record check requirements described above has been met, and
the additional state, or tribal requirement does not have to be met (under state or tribal law or
regulation) before the individual begins work as a probationary employee, the individual may begin
work with the Head Start program as a probationary employee pending completion of the additional
state or tribal requirements.
What is a Head Start agency required to consider when a prospective employee has a
criminal record?
Under the existing regulation at 45 C.F.R. § 1301.31(b)(3) a grantee must consider the relevancy of
each arrest, conviction, and pending criminal charge when determining how to act on an
employment application. Adoption of the requirements in Section 648A(g)(3) does not alter that
requirement. Head Start agencies are reminded that state laws and regulations may impact the
decision to hire a person with a criminal record. For example, if a state law provides that a person
who has been convicted of a certain crime cannot work in a child care program, then the grantee
would be bound to reject the application of the individual convicted of that crime.
Please direct any questions on this Instruction to your OHS Regional Office.
/ Patricia E. Brown /
Patricia E. Brown
Acting Director
Office of Head Start