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Conducting Criminal Record Checks in Georgia

Filed under Office & HR.

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

Background check rules in Georgia generally apply to care providers.

Before an applicant may become an employee of any daycare facility, a record check application--including fingerprinting--must be submitted.

Before an applicant may become an employee of any nursing home, a criminal record check must be requested from the Georgia Crime Information Center. A nursing home must not employ a person with an unsatisfactory determination.

Accompanying any application for a new license for a personal care home where residents reside, the applicant must furnish to the Department of Human Resources a records check application for the director and each employee of the facility.

Employers may require that new or current employees who supervise children submit to a criminal records check.

An individual with an unsatisfactory criminal history background check determination may not serve as a director or an employee of a licensed children's transition care center if it is determined that the person has a criminal record involving certain enumerated crimes, including felonies and other crimes involving minors.

Prior to serving as a center employee (other than a director), a person must submit a preliminary record check application and receive a satisfactory determination. If there is an unsatisfactory determination the person must submit to a fingerprint record check and get a satisfactory determination or be determined eligible to be employed by the center as a result of an administrative hearing.

The Georgia Crime Information Center is authorized to provide records related to the prosecution of certain first time offenders if the person who is the subject of the inquiry has applied for employment caring for minor children or elderly, mentally ill, or mentally retarded persons and was prosecuted for one of a list of specified offenses.

Employees of private detective and security agency license holders in Georgia must be fingerprinted.

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