Match the request to an available access route, such as Minnesota's free in-person inspection of public conviction data.
Key takeaways
- Match the record to a public conviction inspection or stop if it is not in that public class.
- Keep name-and-event index data private, and confidential when they link to confidential data on that person.
- Name a listed purpose before a consumer reporting agency releases a report.
- Check the recipient category, then limit what is shared and how far it travels.
- For anyone younger than 18, get a parent or guardian's written permission first.
Request criminal records: choose an available access route
Recruiters request criminal records by identifying a source that explicitly permits the requested type of access for their specific category. The first step is verifying whether the jurisdiction offers a direct public inspection method or requires a specific consumer report authorization. According to Minnesota Legislature, the Bureau of Criminal Apprehension provides the public the ability to inspect criminal conviction data classified as public at the bureau’s central office. This inspection occurs in person through a computer monitor and is provided at no charge.
This route applies specifically to data classified as public under the cited subdivision. It does not cover all criminal history records, nor does it imply that online searches are free or unrestricted. Before routing a request, confirm that the record you need falls under this public classification and that your requester status aligns with the provision’s scope. If the data is not classified as public, this in-person inspection route is unavailable.
Keep the request aligned with the stated purpose of the screening. If the source limits who can receive the information, ensure your organization qualifies before submitting the inquiry. This prevents rejected requests and protects the integrity of the hiring file.
Identify public conviction access and separate private index data
Recruiters must distinguish between publicly accessible conviction records and restricted index data before initiating a request. In Minnesota, the Bureau of Criminal Apprehension is required to establish and maintain an Internet website containing public criminal history data by July 1, 2004, according to Minnesota Legislature. This public dataset includes specific categories of information defined within Sec. 13.87 MN Statutes. The statute defines "criminal history data" as all data maintained in criminal history records compiled by the Bureau of Criminal Apprehension, which includes, but is not limited to, fingerprints, photographs, identification data, arrest data, prosecution data, criminal court data, custody and supervision data, according to Minnesota Legislature.
Conversely, the name and event index service operates under different classification rules. This service refers to data held by the Bureau of Criminal Apprehension that link data about an individual stored in one or more databases maintained in criminal justice agencies, as defined in section 299C.46, subdivision 2, and in the judiciary, according to Minnesota Legislature. Data collected, created, or maintained by this name and event index service are classified as private data pursuant to section 13.02, subdivision 12, according to Minnesota Legislature. Furthermore, these data become confidential data pursuant to section 13.02, subdivision 3, when the data links private or public data about a specific individual to any confidential data about that individual, according to Minnesota Legislature.
| Publisher | Data Type | Access Classification |
|---|---|---|
| Minnesota Legislature | Public criminal history data on Internet website | Public |
| Minnesota Legislature | Name and event index service linking agency databases | Private data |
| Minnesota Legislature | Index data linked to confidential data about an individual | Confidential data |
To manage hiring files correctly, recruiters should verify whether the requested record falls under the public website mandate or the private index classification. Confirm the specific data type against the definitions provided in Sec. 13.87 MN Statutes before routing the request. For broader context on how timing affects eligibility, see Conviction timing rules for 3 jurisdictions.
Document the request purpose and applicable permission
Before routing a criminal record request, document the specific purpose for which the information is being sought and verify the permissions required to obtain it. New Hampshire law outlines how consumer reporting agencies must handle these requests based on stated purposes and written instructions. Under Chapter 359-B CONSUMER CREDIT REPORTING, every consumer reporting agency shall maintain reasonable procedures designed to avoid violations of RSA 359-B:5 and to limit the furnishing of consumer reports to the purposes listed under RSA 359-B:4 according to New Hampshire General Court. This requirement ties the release of data directly to the permissible purposes defined in the statute. Furthermore, no consumer reporting agency may furnish a consumer report to any person if it has reasonable grounds for believing that the consumer report will not be used for a purpose listed in RSA 359-B:4 according to New Hampshire General Court. Recruiters should ensure their request aligns with these listed purposes to avoid refusal by the reporting agency. Additionally, Section 359-B:4 Permissible Purposes of Reports specifies that reports are furnished in accordance with the written instructions of the consumer to whom it relates according to New Hampshire General Court.
For applicants younger than eighteen, additional permission steps apply. Related paperwork is covered in Minor-hire paperwork checks across 4 states. The Texas Workforce Commission guidance on References and Background Checks states that with respect to applicants younger than 18, secure written permission from the child's parent or guardian to conduct background or drug tests according to Texas Workforce Commission. This written permission is distinct from general applicant consent and specifically addresses minor status. Separately, the same source recommends that all applicants should sign a waiver and release of liability form clearly authorizing prior employers to release any requested information to your company and relieving both the prior employers and your company of all liability in connection with the release and use of the information according to Texas Workforce Commission. Note that this is an agency recommendation regarding a suggested liability waiver; it does not promise enforceability of that waiver or guarantee protection from legal claims. Use the sample form referenced in the guidance to structure this authorization.
| Publisher | Requirement | Applicable Scenario |
|---|---|---|
| New Hampshire General Court | Limit furnishing to purposes listed under RSA 359-B:4 | Consumer reporting agency procedures |
| New Hampshire General Court | Refuse furnishing if reasonable belief purpose is outside listed purposes | Consumer reporting agency actions |
| New Hampshire General Court | Follow written instructions of the consumer | Section 359-B:4 Permissible Purposes of Reports |
| Texas Workforce Commission | Secure written permission from parent or guardian | Applicants younger than 18 |
Keep the documented purpose, the consumer's written instructions, and any minor-specific permissions on file alongside the request. A file review list is in Background report checklist: 6 checks for hiring files.
Check recipient limits before routing the request
Before sending a request, verify that your organization falls within the specific recipient categories defined by Virginia Law for criminal history dissemination. The provision governing these disclosures is effective until January 1, 2027, according to Virginia Law. If your staffing agency does not fit one of the listed categories, you cannot assume access to the limited conviction data described below. Each category has a distinct scope of offenses it may receive from the Exchange.
For licensed nursing homes, hospitals, and home care organizations, the law restricts what they can see. Criminal history information provided to these entities pursuant to subdivision A 18 shall be limited to convictions on file with the Exchange for any offense specified in §§ 32.1-126.01, 32.1-126.02, and 32.1-162.9:1, according to Virginia Law.
Licensed assisted living facilities and licensed adult day centers operate under a different limit. Criminal history information provided to these entities pursuant to subdivision A 19 shall be limited to convictions on file with the Exchange for any offense specified in § 63.2-1720, according to Virginia Law. You must identify which facility type you are supporting to ensure you are requesting the correct subset of records.
Public agencies face yet another restriction. Criminal history information provided to public agencies pursuant to subdivision A 39 shall be limited to convictions on file with the Exchange for any offense set forth in clause (i) of the definition of barrier crime in § 19.2-392.02, according to Virginia Law.
The following table summarizes the recipient categories and their corresponding limited conviction scopes based on the cited provisions:
| Recipient Category | Limited Conviction Scope | Publisher |
|---|---|---|
| Licensed nursing homes, hospitals, home care organizations | Offenses specified in §§ 32.1-126.01, 32.1-126.02, and 32.1-162.9:1 | Virginia Law |
| Licensed assisted living facilities, licensed adult day centers | Offenses specified in § 63.2-1720 | Virginia Law |
| Public agencies | Offenses set forth in clause (i) of the definition of barrier crime in § 19.2-392.02 | Virginia Law |
Do not treat these limits as permanent or universal; they apply specifically to the dissemination of criminal history record information under this section. If your organization is not a licensed care facility or public agency as defined, these specific subdivisions do not grant you access to those limited datasets. Confirm your requester category against the statutory definitions before assuming eligibility for these routes.
Keep the source, permission and disclosure limits on file
(Effective January 1, 2027) Dissemination of criminal history record information, restrict its use strictly to the purposes for which it was given according to Virginia Law. The provision states that such information may not be disseminated further, except as otherwise provided in subdivision A 49 according to Virginia Law. This limitation applies specifically to records disseminated to noncriminal justice agencies under this section according to Virginia Law. Do not assume broader distribution rights beyond this specific exception framework according to Virginia Law.
For offenses not required to be reported to the Exchange, dissemination must be made by the criminal justice agency maintaining the record as required by § 15.2-1722 according to Virginia Law. This routing requirement distinguishes Exchange-reported offenses from those maintained by other criminal justice agencies according to Virginia Law. If your request involves an offense outside the Exchange reporting mandate, direct the inquiry to the specific criminal justice agency holding that record rather than seeking it through general channels according to Virginia Law.
Illustrative example: one hiring file
A recruiter handles 1 hiring file and compares 2 routes. Route 1 is an in-person look at public conviction data. Route 2 is a consumer report. The recruiter then checks 3 recipient groups before asking for convictions: a licensed care organization, a licensed day setting, or a public agency. A licensed care organization stays inside that group's offense list. When the applicant is younger than 18, the recruiter gets written permission from a parent or guardian before a background test or a drug test. The recruiter does not pass the record to a second organization.
Take this step today
Write 3 lines on the hiring file before you send anything: the access route, the purpose, and the recipient category. If the applicant is younger than 18, put the parent or guardian permission on that same file first.
FAQ: choosing a source for hiring record requests
How can recruiters request criminal records from an appropriate source?
The Bureau of Criminal Apprehension provides this ability to inspect in person, at no charge, through a computer monitor according to Minnesota Legislature.
Which Minnesota conviction records can be inspected in person without a charge?
The Bureau of Criminal Apprehension provides the ability to inspect in person, at no charge, through a computer monitor the criminal conviction data classified as public according to Minnesota Legislature.
Does my Virginia staffing agency qualify for the disclosure routes listed for licensed care facilities?
The provision specifies that criminal history information provided to licensed nursing homes, hospitals and to home care organizations pursuant to subdivision A 18 shall be limited to the convictions on file with the Exchange for any offense specified in §§ 32.1-126.01, 32.1-126.02, and 32.1-162.9:1 according to Virginia Law.
When does Texas Workforce Commission guidance call for a parent's written permission?
With respect to applicants younger than 18, secure written permission from the child's parent or guardian to conduct background or drug tests according to Texas Workforce Commission.
Can a Virginia recipient pass criminal-history information to another organization?
Use of criminal history record information disseminated to noncriminal justice agencies under this section shall be limited to the purposes for which it was given and may not be disseminated further, except as otherwise provided in subdivision A 49 according to Virginia Law.