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Conducting Criminal Record Checks in Oklahoma

Filed under Hiring Workers. Fact checked on May 25, 2012.

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Employers in Oklahoma are permitted or required to conduct criminal record checks in accordance with these rules.

Prior to employment, an owner or administrator of a child care facility must arrange for a criminal history investigation for an employment applicant and for an adult residing in a child care facility that is licensed or approved by a child-placing agency and located in a private residence, to be conducted by the State Bureau of Investigation, including a records search of the Oklahoma Child Care Restricted Registry and a fingerprint based search of the Department of Corrections Sex Offender Registration Act files.

If the applicant or resident has resided in Oklahoma for less than three years, the criminal history investigation must be obtained from the previous state of residence.

Information received by an owner or administrator must be maintained in a confidential manner pursuant to applicable federal and state laws.

A person required to register pursuant to the Sex Offenders Registration Act is prohibited from providing services to children, working for an employer who provides services to children, or residing in a child care facility.

Criminal arrest checks must be done by employers before employing or contracting with a nurse aide, or other person to provide nursing care, health related services or supportive assistance to any individual.

Employers conducting employee-owned vehicle searches of their employees may conduct the search only on the property of the employer. Searches that are conducted on property not owned or rented by the employer require a search warrant.

Security guards and private investigators are required to undergo a criminal background check as a condition of licensure.

Employers are prohibited from inquiring as to whether a job applicant owns or possesses a firearm.

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