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Conducting Criminal Record Checks in Iowa

Filed under Office & HR.

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

The criminal records check employment laws in Iowa pertain to the employment of personnel in child care and dependent adult care facilities. Prior to employment of a person in a facility, the facility must request that the Department of Public Safety perform criminal and dependent adult abuse, and child abuse record checks of the person in Iowa.

In addition, the facility may request that the Department of Human Services perform a child abuse record check in Iowa. A facility must inform all persons prior to employment regarding the performance of the records checks and must obtain from the persons a signed acknowledgment of the receipt of the information.

A facility must also include the following inquiry in an application for employment: "Do you have a record of founded child or dependent adult abuse or have you ever been convicted of a crime other than a simple misdemeanor offense relating to motor vehicles and laws of the road in this state or any other state?"

If the person has been convicted of a crime under a law of any state or has a record of founded child or dependent adult abuse, the Department of Human Services must perform an evaluation to determine whether the crime or founded child or dependent adult abuse warrants prohibition of employment in the facility.

If a person owns or operates more than one facility, and an employee of one of the facilities is transferred to another facility without a lapse in employment, the facility is not required to request additional criminal and dependent adult abuse record checks of that employee.

This requirement applies to home care, hospices, assisted living facilities, and elder group homes.

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