Conducting Criminal Record Checks in Utah
For purposes of employment background checks for their own employees, the dissemination of information from a criminal history record or warrant of arrest information is limited to: private security agencies; employers whose employees are responsible for the care, custody or control of children; employers whose employees will have fiduciary trust over money; and employers whose employees provide health care to children, vulnerable adults or the elderly. Before requesting criminal record information on an employee or potential employee, the employer must obtain a signed waiver from the employee about whom the information is being requested.
Utah laws contain restrictions on the use of criminal history record information and expunged criminal records for employment purposes. There are also restrictions on the inspection of court records for employment purposes.
No one with a felony conviction may provide child care, child placement services, foster care or institutional care in Utah state facilities or programs. The prohibition also covers individuals licensed to provide day care services.
Personnel at agencies providing services for children and vulnerable adults are required to submit a set of fingerprints and undergo a criminal background check.
Applicants for a Utah real estate license must submit fingerprint cards and must consent to a criminal background check. The cost of the background check is borne by the applicant. Any new license issued is conditional, pending completion of the background check. If the background check discloses that the applicant has failed to accurately disclose a criminal history, the license will be revoked.
At the time of initial application and renewal for licensure, all health care facilities must submit the name and other identifying information for each person associated with the facility in a direct patient care position to the department of health. The department of health must then determine whether any individual associated with the facility in a direct patient care position has been found guilty of child abuse or neglect, or abuse of persons with disabilities or the elderly. The determination is required, regardless of whether the person was the subject of a criminal background check within the preceding three-year period. Individuals who have not resided in the state for five years must submit fingerprints for an FBI national criminal history record check. The cost of the FBI background check is charged to the licensee.
In addition, health care facilities must have criminal background checks performed for new hires. The health care facility must submit to the Department of Health, within 10 days of the initial hiring of an individual who provides direct care to patients, that person's name and other identifying information (may include fingerprints). The requirement applies even if the individual has been subject to a criminal background check within the preceding three-year period.
Criminal background checks may be required for employees who provide rehabilitative services in education programs.
Utah's Public Safety Code and Transportation Code have been amended to allow certain cities to require a criminal background check as a condition of providing ground transportation service to the city's airport. A ground transportation service provider is defined as a driver who provides ground transportation service where the pickup or drop-off of passengers occurs at an airport under the city's authority.
Effective July 1, 2007, any person requesting a certificate, an initial license, or a renewal license for a residential child care facility must submit to the Department of Public Safety the name and other identifying information, including fingerprints, of existing, new and proposed owners, directors, members of the governing body, employees, providers of care, volunteers and all adults residing in the residence. A person seeking renewal of a license or certificate is not required to submit fingerprints of an individual if the individual has been living in Utah for the past five years, has previously submitted fingerprints for a national record check and has been living in Utah since that time. The applicant must pay the cost of the background check.
In addition, a licensee must not allow a person who has been convicted, pleaded no contest, or is currently subject to a plea in abeyance or diversion agreement for any felony or misdemeanor to provide child care, provide volunteer services for a licensed child care program or a child care program operating under a residential child care certificate, reside at the premises where child care is provided, or function as an owner, director, or member of the governing body of a licensed child care program or a child care program operating under a residential child care certificate.
