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United States · 15 states compared

Home care background check requirements by state

Every state we cover requires a criminal history check before or soon after a caregiver starts. They differ on the kind of check, the timing, whether work can start while results are pending, which registries to search, which convictions disqualify and how often to check again. This table puts them side by side, with each answer cited to the official rule or regulator page.

Built from our rule-verified state datasets. Rules last checked between September 30, 2026 and October 3, 2026; each row shows its own date. How we verify rules. For licenses, fees and surveys, see home care licensing requirements by state.

Quick answer

All 15 states in this table require a criminal history check on home care workers. Georgia, Illinois, Nevada, New York and Washington require a fingerprint-based check that reaches FBI records; North Carolina, Ohio and South Carolina run a state check and add FBI fingerprints for people without enough residence in the state; Indiana, Maryland and Tennessee allow a fingerprint check or another route, such as a private or consumer reporting agency check; Kansas and Texas rely on a name-based state check for caregivers (in Texas, by our reading); in Colorado and Virginia, our sources name the required check but not whether it is name-based or fingerprint-based.

Work can start before the results arrive, within limits such as supervision or a deadline, in 11 of the 15 states, and in Colorado and South Carolina only while part of the check is pending; Tennessee and Texas require the results before any client contact. A fixed criminal re-check applies in Nevada (every 5 years), Ohio (every 5 years) and Washington (every 2 years); Illinois and Texas repeat registry searches or verification every year instead. Georgia, Illinois, Indiana, Kansas, Nevada, Ohio, South Carolina, Texas, Virginia and Washington set a fixed list of disqualifying offenses; elsewhere the agency or the state weighs the record, except in Tennessee, where the rules bar only registry listings. The table below shows each state’s rule, with a link to the source.

How to read the table

  • Rule or guidance. Where an answer comes from a regulator’s web page, form or slides rather than the law or rule, the cell says who says it (for example “KDADS says”), and a Regulator guidance label marks cells that rest on guidance alone.
  • “Our reading” marks an answer that is our interpretation, because the rule does not say it in so many words. Confirm those with the regulator.
  • “Not covered in our sources” means the official texts we saved do not answer the question. We leave it blank rather than guess. “No periodic re-check named” likewise means our sources name none.
  • Fees are not ours. Each amount is the fee a state agency or its vendor charges, as its own page or rule sets it, and the cell names who charges it. CareRulebook’s manual price is separate.
  • Every answer links its source. The small links under each cell go to the rule section or regulator page we quote. Each state’s background check guide has the full detail.
  • Non-medical home care only. Medicaid programs and skilled home health licenses can add their own checks; we mention Medicaid only where our sources cover it.

The 15 states compared

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Colorado

Colorado Department of Public Health and Environment, Health Facilities and Emergency Medical Services Division (CDPHE)

Check the law requires, and who runs it
A Colorado record search, at leastEvery applicant for employment submits to a criminal history record check that searches Colorado records at a minimum. Owners and managers send fingerprints to the Colorado Bureau of Investigation (CBI) for a state and national check.6 CCR 1011-1 Ch. 26, 5.9(C)(2)-(3); C.R.S. 25-27.5-1076 CCR 1011-1 Ch. 26, 4.2(D); C.R.S. 25-27.5-106(3)
When it must be done
Before employmentNo more than 90 days before the person starts. A CAPS check (the adult protective services database) is requested before hiring anyone who will give direct care to an at-risk adult.C.R.S. 25-27.5-1076 CCR 1011-1 Ch. 26, 5.9(C)(2)-(3); C.R.S. 25-27.5-107C.R.S. 26-3.1-111(6)(a)(I), (7)(a)
Working while results are pending
Only while CAPS is pendingOur readingThe statute requires the criminal check before employment, which by our reading leaves no provisional period for it. The CAPS law lets you hire before the CAPS result, once it is requested; CDHS says a request more than 30 days before the decision to hire must be repeated.C.R.S. 25-27.5-107C.R.S. 26-3.1-111(6)(f)CAPS Check FAQ, How often do I need to request CAPS Checks
Registry checks
CAPS, plus license checksA CAPS check with the Colorado Department of Human Services (CDHS) before hiring for direct care, and a DORA check that any license, registration or certification is in good standing.C.R.S. 26-3.1-111(6)(a)(I), (7)(a)6 CCR 1011-1 Ch. 26, 5.9(E)
Disqualifying offenses
No list: the agency decidesChapter 26 sets no list for caregivers. Your written policy weighs five factors, including seriousness, time elapsed and the job. CDPHE refuses a license if an owner or manager has a conviction it decides could put consumers at risk.6 CCR 1011-1 Ch. 26, 5.9(C)(4)-(5)6 CCR 1011-1 Ch. 26, 5.9(C)(4)(a)-(e)C.R.S. 25-27.5-106(4)
Re-checks
No periodic re-check namedCDHS says no recurring CAPS checks are needed, because it tells employers about later findings. Rehiring someone more than 30 days after they left needs a new CAPS check.CAPS Check FAQ, How often do I need to request CAPS ChecksC.R.S. 26-3.1-111(10)
Who else is checked
Owners, managers, every applicantEach owner of 50% or more and each manager or administrator is fingerprinted with the application, or within 10 days of a change. The staff check covers every applicant for employment, not only caregivers.6 CCR 1011-1 Ch. 26, 4.2(D); C.R.S. 25-27.5-106(3)6 CCR 1011-1 Ch. 26, 2.176 CCR 1011-1 Ch. 26, 5.9(C)(2)-(3); C.R.S. 25-27.5-107
Fees for the checks (not ours)
Set by CBI and CDHSCBI’s fee is $39.50 for the home care fingerprint check, plus the vendor’s own fee; a name-based Colorado check online is $6.00 (CBI’s fee). CAPS is $9.00 plus processing (CDHS’s fee).CBI, Employment and Background Checks, Home Care AgencyCBI, Employment and Background ChecksCBI, Fees and Forms Information, Name Based Background ChecksCAPS Check FAQ, Payment

Rules checked October 2, 2026

Georgia

Georgia Department of Community Health, Healthcare Facility Regulation Division (DCH)

Check the law requires, and who runs it
Fingerprints: GCIC and FBI recordsA fingerprint records check through DCH’s Georgia Criminal History Check System (GCHEXS), searching Georgia Crime Information Center and FBI records. DCH issues a satisfactory or unsatisfactory determination.111-8-12-.03(4)Application Checklist, items 7, 9111-8-12-.03(16)111-8-12-.03(17)
When it must be done
On application or before placementFor each direct access employee, upon application for employment or before placement, after the registry checks. The 2026 amendment, adopted by the Board on July 9, 2026, would require a satisfactory result before someone serves as a direct access employee; confirm its effective date with DCH.111-8-12-.05(1)(d)111-8-12-.04(1)Amended 111-8-65-.09(5)(a)1Board summary, July 9, 2026
Working while results are pending
Up to 30 days, supervisedOur readingDirect access for up to 30 days while a check is pending, under direct supervision by a staff member with a satisfactory determination. Never for administrators, onsite managers or directors. The adopted 2026 amendment requires a satisfactory result before someone serves as a direct access employee; by our reading it is unclear whether the grace period still applies, so confirm with DCH.111-8-12-.06(3)(a)Amended 111-8-65-.09(5)(a)1
Registry checks
Nurse aide, sex offender, OIGThe nurse aide registry, the state sex offender registry and the federal List of Excluded Individuals and Entities, before the criminal check. For someone in Georgia less than two years, also the registries of each state they lived in.111-8-12-.03(15)111-8-12-.04(1)
Disqualifying offenses
A fixed list of covered crimesNamed offenses and felonies in set chapters of the criminal code, including pending charges. A record stops counting ten years after the whole sentence ends, except for certain crimes. On appeal, a hearing officer weighs rehabilitation.111-8-12-.03(3)(a)111-8-12-.03(3)(b)-(c)111-8-12-.03(5)(b)111-8-12-.03(5)(c)111-8-12-.10(2)
Re-checks
No periodic re-check namedDCH may require a new check during an abuse investigation or after learning of an arrest. A satisfactory determination from the past 12 months can be reused.111-8-12-.08111-8-12-.05(2)
Who else is checked
Owners, administrators, managersDCH’s checklist requires a fingerprint check for administrators and owners of 10% or more at application. Registry checks cover the owner, administrator, onsite manager, director and employees. Licensed health care providers fall outside the employee definition.Application Checklist, item 7111-8-12-.04(1)111-8-12-.03(8)
Fees for the checks (not ours)
Amount not statedA records check application includes a records search fee set by DCH. The rule does not state the amount or who pays it.111-8-12-.03(14)

Rules checked September 30, 2026

Illinois

Illinois Department of Public Health, Division of Health Care Facilities and Programs (IDPH)

Check the law requires, and who runs it
Fingerprints: State Police and FBIUnless the worker already has a check and is active on the Health Care Worker Registry, a livescan fingerprint check against Illinois State Police and FBI records. IDPH reports whether there is a disqualifying conviction.225 ILCS 46/33(g)225 ILCS 46/33(b)77 Ill. Adm. Code 955.110, "Conditional offer of employment"
When it must be done
Registry check before hiringCheck the registry before hiring; run the six web searches when you start the check after a conditional offer. Send IDPH the worker’s details within 2 working days of their authorization, and fingerprints within 10 working days.225 ILCS 46/33(g)77 Ill. Adm. Code 955.110, "Conditional offer of employment"77 Ill. Adm. Code 955.165(c)77 Ill. Adm. Code 955.165(h)-(i)77 Ill. Adm. Code 955.165(a)-(c)
Working while results are pending
Up to three months, supervisedConditional employment for up to three months while fingerprint results are pending, with enough supervision to prevent abuse, neglect or theft. No fingerprints within 30 days of hire means termination.77 Ill. Adm. Code 955.165(l)77 Ill. Adm. Code 955.165(h)-(i)
Registry checks
Registry plus six web searchesThe Health Care Worker Registry, then six sites: the Illinois Sex Offender Registry, three Department of Corrections searches (sex offenders, inmates, wanted fugitives), the National Sex Offender Public Registry and the HHS OIG website.225 ILCS 46/33(g)77 Ill. Adm. Code 955.165(c)
Disqualifying offenses
Fixed list, with IDPH waiversPart 955 sorts disqualifying offenses into three groups: some always disqualify except through appeal, others can be waived by IDPH after set waiting periods. The agency may set its own policy on other convictions.77 Ill. Adm. Code 955.16077 Ill. Adm. Code 955, Appendices A to C77 Ill. Adm. Code 955.270(d)77 Ill. Adm. Code 955.165(o)
Re-checks
Yearly registry verificationNo fingerprint re-check named: verify each employee on the registry at least once a year. The registry emails the last known employer if the State Police report a new disqualifying conviction.77 Ill. Adm. Code 955.14577 Ill. Adm. Code 955.165(n)
Who else is checked
Volunteers and contracted workersThe Act covers paid and volunteer workers in direct care and unlicensed contracted workers. IDPH’s license application form also asks whether the applicant, officers or the manager have certain convictions.77 Ill. Adm. Code 955.110, "Employee"Form 445104, page 477 Ill. Adm. Code 955.135(a)
Fees for the checks (not ours)
Set by the State PoliceThe State Police fee may not exceed the actual cost of the check; the Act sets no amount. Workers other than nurse aides may be required to pay their own fees.225 ILCS 46/33(b)77 Ill. Adm. Code 955.165(j)(3)

Rules checked October 1, 2026

Indiana

Indiana Department of Health, Division of Home and Community-Based Care (IDOH)

Check the law requires, and who runs it
National or expanded checkA national check (FBI fingerprints, with the Indiana State Police deciding whether a listed conviction exists) or an expanded check: either a consumer reporting agency search covering every county lived in, federal district courts and sex offender registries, or an FBI fingerprint check plus a sex offender registry check.IC 16-27-2-4(a)IC 16-27-2-2.1IC 10-13-3-39(i)IC 20-26-2-1.5
When it must be done
Within 3 business days of startingApply for the check no more than 3 business days after a worker begins giving services in a client’s home.IC 16-27-2-4(a)
Working while results are pending
Up to 21 daysA worker may not keep working in clients’ homes for more than 21 calendar days without the result, unless the State Police, the FBI or the check vendor caused the delay.IC 16-27-2-5(c)
Registry checks
Inside the check; nurse aide findings barAn expanded check searches sex offender registries. A finding on the state nurse aide registry for abuse, neglect, mistreatment or misappropriation bars the worker.IC 20-26-2-1.5IC 16-27-2-5(a)
Disqualifying offenses
A fixed list in the statuteSex crimes, exploitation of an endangered adult or failing to report its abuse, murder and voluntary manslaughter, with no time window; theft, conversion or receiving stolen property, fraud or identity deception within 10 years (felony) or 5 (misdemeanor); a crime of violence within 10 years; felony battery or a felony drug offense within 5.IC 16-27-2-3(a)IC 16-27-2-5(a)
Re-checks
No periodic re-check namedThe statute’s check duties come when work starts. Since July 1, 2025, an agency that knows of a worker’s conviction indicating unfitness reports it to the nurse aide registry or licensing authority.IC 16-27-2-4(a)IC 16-27-2-5.5(a)
Who else is checked
Owners, officers and managersIDOH’s application asks for a lifetime expanded or national report, dated within three months, on the manager, alternate managers, officers and owners. The statute bars anyone with a listed conviction from operating an agency.State Form 53391, Section VIIII, Criminal History CheckIC 16-27-2-3(a)
Fees for the checks (not ours)
The agency pays, may recoverThe agency is responsible for check fees but may require applicants to pay them or reimburse it. Our sources give no amount.IC 16-27-2-6

Rules checked October 2, 2026

Kansas

Kansas Department of Health and Environment, Bureau of Facilities and Licensing (KDHE)

Check the law requires, and who runs it
KDADS name-based checkThe operator asks KDADS for an eligibility determination on adult and juvenile convictions and adjudications. KDADS still runs name-based checks and sends a written pass or fail within three working days of getting the records.K.S.A. 65-5117(e)Criminal Record Check Program pageK.S.A. 65-5117(f)
When it must be done
No later than the start of workOur readingThe statute sets no deadline, but provisional work runs only while the KDADS result is pending, so by our reading the request goes in before the person starts. If KDADS requires fingerprints, the applicant has 20 calendar days after authorization to give them.K.S.A. 65-5117(e)K.S.A. 65-5117(e); K.A.R. 28-51-103(e)K.S.A. 65-5117(d)(3)-(4)
Working while results are pending
60 days, once, supervisedA one-time provisional hire for 60 calendar days while the KDADS result is pending, supervised by an employee who has completed all required training.K.S.A. 65-5117(e); K.A.R. 28-51-103(e)
Registry checks
Nurse aide registry; OIG and sex offenderKDADS says its system checks the Kansas Nurse Aide Registry when the agency uses its “Request Existing Individual” option, and that submitting a check attests that the OIG Exclusion List and Sex Offender Registry have been checked. Adverse findings on any state or national registry bar work.Criminal Record Check Program pageCRC instructions (May 2026 archive), Submit CRCs to HOCK.S.A. 65-5117(b)(1)
Disqualifying offenses
Permanent and six-year barsListed crimes such as murder, rape and mistreatment of a dependent adult or elder bar for good, with no waiver. Other listed offenses bar until six years after the sentence ends, unless KDADS grants a waiver.K.S.A. 65-5117(b)(1)Prohibited Offenses, effective 7.1.18, key (p. 5)K.S.A. 65-5117(b)(2)-(3)K.S.A. 65-5117(d)(7)
Re-checks
No periodic re-check namedThe statute ties the check to applicants. KDHE’s drafted rewrite would add checks every two years and after abuse, neglect or exploitation allegations; it is a draft, not a rule.K.S.A. 65-5117(a)(1)Summary of Changes Guide (Sept 8, 2025), K.A.R. 28-51-103
Who else is checked
Every applicant; staffing workersAnyone applying to work for the agency, staff from employment agencies and independent contractors. Volunteers only if they do the work of direct access employees.K.S.A. 65-5117(a)(1)K.S.A. 65-5117(g)Instruction Guide, Background Checks
Fees for the checks (not ours)
KDADS’s fee, set by regulationThe employer pays KDADS’s fee, and a fingerprint site charges its own fee. Our sources do not confirm the current amount.K.S.A. 65-5117(k)(1)K.S.A. 65-5117(d)(3)-(4)

Rules checked October 2, 2026

Maryland

Maryland Department of Health, Office of Health Care Quality (OHCQ)

Check the law requires, and who runs it
State check or private agencyEither a State criminal history records check from the Central Repository at DPSCS, with fingerprints, or a background check by a licensed private agency covering every state you know or have reason to know the worker lived or worked in over the past 7 years.Health-General §19-1902(a)COMAR 12.15.03.03COMAR 12.15.03.02B(8); Health-General §19-1901(e)Health-General §19-1902(c)-(d)
When it must be done
Applied for before work beginsApply for the check, and request a reference from the most recent employer asking about physical abuse, before the worker begins work.Health-General §19-1902(a)Health-General §19-1902(b)
Working while results are pending
Results not required firstOur readingThe statute asks for the application before work begins. By our reading it does not require the results back first.Health-General §19-1902(a)COMAR 12.15.03.03
Registry checks
None required by the RSA rulesScreening includes verifying any license or certificate. The Board of Nursing publishes a CNA abuse registry, but the RSA rules do not require checking it.COMAR 10.07.05.10B(1)Registry title and columns
Disqualifying offenses
No list: the agency decidesOur readingBy our reading, neither the statute nor the RSA rules list offenses that bar a worker, so the hiring decision is the agency’s. A worker can contest a State record at a hearing.Health-General §19-1902(a)COMAR 10.07.05.10B(1)Health-General §19-1908(b)
Re-checks
No periodic re-check namedOn the State route, DPSCS sends a revised statement when a new Maryland record is added, and once a year a list of your workers to confirm within 15 working days.Health-General §19-1907(a)(2)COMAR 12.15.01.19ACOMAR 12.15.01.19B
Who else is checked
Every employee and contractorCOMAR requires screening of every employee and contractor who will serve clients; checks on volunteers are the agency’s choice. OHCQ may deny a license over an owner’s criminal history.Health-General §19-1901(h)COMAR 10.07.05.10B(1)COMAR 12.15.03.03B(2)COMAR 10.07.05.04B(3)
Fees for the checks (not ours)
DPSCS’s fee: $38DPSCS charges $38 for a State-only check with in-person fingerprinting, including its $20 service fee (DPSCS’s fee). In-state employment checks must use live scan, and private fingerprinting providers may add their own fee. The agency pays.Fingerprinting Services, Central Repository FeesHealth-General §19-1904(a)-(b); §19-1902(c)

Rules checked October 2, 2026

Nevada

Nevada Health Authority, Health Care Purchasing and Compliance Division, Bureau of Health Care Quality and Compliance (HCQC)

Check the law requires, and who runs it
Fingerprints: Central Repository and FBIFingerprints go to Nevada’s Central Repository for an FBI report. HCQC requires agencies to run staff checks through its NABS system and says a personal criminal history check is not accepted at inspection.NRS 449B.310(1)Background Check FAQ 4
When it must be done
Within 10 days of hireWithin 10 days of hiring, the agency also gets a signed statement on convictions, confirms it, and checks any license or certificate the job needs.NRS 449B.310(1)
Working while results are pending
Yes, while results are pendingOur readingAn agency that has complied is not liable just because the person worked before results arrived, but the person may not have unsupervised contact with a child before then.NRS 449B.340(3)(a)
Registry checks
Registries inside NABSHCQC’s FAQ refers to rechecking the registries in NABS; our sources do not list which. If a state screening website exists under NRS 439.942, the agency also screens each person on it.Background Check FAQ 7NRS 449B.310(1)(f); 449B.330(3)
Disqualifying offenses
Lifetime and 7-year barsNRS 449B.440 lists crimes such as murder, felony sexual offenses and abuse or exploitation of older or vulnerable persons with no time limit, and misdemeanor sexual or domestic violence offenses, plus any drug, theft or fraud offense and other Medicaid or Medicare offenses, felony or misdemeanor, for 7 years (Medicaid fraud under NRS 422.450 to 422.590 has no time limit). If the worker says the record is wrong, allow at least 30 days to correct it before ending the job.NRS 449B.440(1)(a)NRS 449B.340(1)-(2)
Re-checks
Every 5 yearsBackground investigations are repeated at least once every 5 years after the first. HCQC says these go through NABS too.NRS 449B.310(4)(b)Background Check FAQ 4
Who else is checked
Everyone, including the administratorRegulator guidanceHCQC says every employee (including the administrator), temporary staffing worker and independent contractor is checked, whether or not they give care; volunteers are not. HCQC’s licensing checklist requires a check for each owner of 10% or more.Background Check FAQ 6Licensing Checklist; NRS 449B.300(1)
Fees for the checks (not ours)
Agency pays; staff at most halfThe Central Repository charges the agency, which may recover no more than half the fee from the employee and must allow installments if it does. HCQC says license applicants pay for their own checks.Background Check FAQ 14; NRS 449B.310(7)

Rules checked October 3, 2026

New York

New York State Department of Health, Division of Home and Community Based Services (with the Public Health and Health Planning Council) (DOH)

Check the law requires, and who runs it
Fingerprint check through DOHThe agency submits a fingerprint-based criminal history record check through DOH for each prospective unlicensed direct care employee. The Division of Criminal Justice Services may send the fingerprints to the FBI.10 NYCRR 402.6(a); 402.3(j)10 NYCRR 402.6; 402.3(g)
When it must be done
Requested before work startsRequest the check before the person starts (temporary approval comes only after a request), and send DOH the form and fingerprints within ten business days of taking them. First get the sworn statement of any abuse finding or conviction, and check the Home Care Worker Registry before the aide begins work.10 NYCRR 402.3(m)10 NYCRR 402.6(b)PHL s. 2899-a(2); 10 NYCRR 402.5(a)10 NYCRR 403.5(a)(1), (3), (8)
Working while results are pending
Yes, with close supervisionWork can start while results are pending, with on-site observation in the home the first week, then weekly (on site at least every other week, phone contacts allowed between). No direct care once DOH proposes disapproval or holds the decision over a pending felony charge.10 NYCRR 402.4(b)(2)(ii); 402.6(d)10 NYCRR 402.7(a)(3)(i), (a)(4)
Registry checks
Home Care Worker RegistryCheck the registry before an aide starts, and record their employment within 10 business days of hire.10 NYCRR 403.5(a)(1), (3), (8)
Disqualifying offenses
DOH reviews and decidesDOH proposes disapproval for listed convictions, such as a felony sex offense at any time or a class B or C felony within ten years, unless it decides clients will not be jeopardized. For other convictions it may propose disapproval; otherwise the agency decides.10 NYCRR 402.7(a)(2)10 NYCRR 402.7(a)(3)
Re-checks
No periodic re-check namedDOH tells the agency when a new charge or conviction is reported for an employee, and the agency decides whether it threatens clients.10 NYCRR 402.8
Who else is checked
Direct care staff, including tempsAnyone the agency employs or uses for direct care or supervision, including temporary agency staff. Licensed nurses and volunteers are excluded. Owners face PHHPC’s character and competence review; our sources name no criminal check for them.10 NYCRR 402.3(j)10 NYCRR 765-1.3(b)(4)
Fees for the checks (not ours)
Workers cannot be chargedAgencies may not charge applicants or employees for check fees or costs. Our sources give no amount.10 NYCRR 402.4(e)

Rules checked October 3, 2026

North Carolina

North Carolina Division of Health Service Regulation, Acute and Home Care Licensure and Certification Section (DHSR)

Check the law requires, and who runs it
State check; national if under 5 yearsA State criminal history check, through the State Bureau of Investigation or a private entity. Anyone resident under five years needs a State and national check with fingerprints; DHHS tells the agency only whether the national results may affect employability.G.S. 131E-265(a)
When it must be done
Within 5 business days of the offerA job offer for a position entering clients’ homes is conditional on consent to the check, and the agency submits the request within five business days of making the offer.G.S. 131E-265(a)
Working while results are pending
Yes, conditionallyAn agency may employ someone conditionally before results come back, once it has their consent (or fingerprint cards), submitting the request within five business days of the start of conditional employment.G.S. 131E-265(f)
Registry checks
Health Care Personnel RegistrySearch it before hiring and note each search; do not hire anyone with a substantiated finding. Aides giving extensive assistance must be listed on the Nurse Aide Registry.G.S. 131E-256(d2)10A NCAC 13J .1003(c)10A NCAC 13J .1107(b)
Disqualifying offenses
No automatic bar: seven factorsA relevant offense is not a bar on its own; the agency must weigh seven factors, such as seriousness, age at conviction and link to the job. Medicaid personal care will not pay for care by people with certain convictions.G.S. 131E-265(b)Policy 3L, 6.0
Re-checks
No periodic re-check namedA new check is needed when a current employee moves into a job that enters clients’ homes.G.S. 131E-265(a)
Who else is checked
Anyone entering homes; contract staffAny position that requires entering clients’ homes, and contract agency staff in positions that need no occupational license. Registry searches cover unlicensed staff with direct access to clients or their property (health care personnel). Our sources name no owner check.G.S. 131E-265(a)G.S. 131E-265(a1)G.S. 131E-256(d2)G.S. 131E-256(c)
Fees for the checks (not ours)
Not covered in our sources

Rules checked October 1, 2026

Ohio

Ohio Department of Health (ODH)

Check the law requires, and who runs it
BCI check; FBI for recent arrivalsA BCI criminal records check for every direct care applicant, with FBI records added for anyone without proof of five years’ Ohio residence.OAC 3701-60-06(A)OAC 3701-60-06(C)(1)
When it must be done
At hire, after database checksSix database checks come first, then the criminal records check for each applicant for a direct care position.OAC 3701-60-05(A)OAC 3701-60-06(A)
Working while results are pending
Conditional, up to 60 daysFingerprints before starting and the check requested within five business days. Conditional employment ends if the state results are not back within 60 days.OAC 3701-60-07(A)(3)OAC 3701-60-07(D)(1)
Registry checks
Six databases, including OIGThe federal System for Award Management and OIG exclusion list, Ohio’s developmental disabilities abuse registry, sex offender database and inmate database, and the Ohio nurse aide registry. Disqualifying information in the first five, or a nurse aide registry finding of abuse, neglect or misappropriation, bars direct care work.OAC 3701-60-05(A)-(B)
Disqualifying offenses
Tiers of offensesListed offenses bar direct care work permanently (Tier I) or for ten, seven or five years after full discharge from prison, probation or parole (Tiers II to IV), longer for some multiple offenses; Tier V minor drug offenses do not bar. Certain certificates can lift Tiers II to IV.OAC 3701-60-09(A)OAC 3701-60-09(A)(1)-(4)OAC 3701-60-09(A)(2), (A)(5), (B)
Re-checks
Every five yearsNo later than 30 days after the fifth anniversary of hire, and at least every five years after that.OAC 3701-60-06(B)(2)
Who else is checked
The primary owner’s fingerprintsRegulator guidanceODH’s application page asks the primary owner for a fingerprint impression card, not a criminal records check.ODH application page, "Fingerprints"
Fees for the checks (not ours)
Agency pays BCI’s feeThe agency pays BCI the fee set under R.C. 109.572 for each check; our sources give no amount. It may pass the fee on to the applicant only if it says so when they first apply and Medicaid does not reimburse it.OAC 3701-60-06(E)

Rules checked September 30, 2026

South Carolina

South Carolina Department of Public Health, Healthcare Quality, Bureau of Health Facilities Licensing (DPH)

Check the law requires, and who runs it
State check; FBI without 12 months hereA South Carolina check is enough with proof of 12 months’ residence. Otherwise, a state check before employment and a federal fingerprint check started after. With 12 months’ proven residence in another state, a check there may be used. SLED, or a private business using SLED or FBI records, runs the check; for fingerprint checks, DPH sends the agency an eligibility determination, not the record.S.C. Code 44-7-2910(C)S.C. Code 44-7-2920Background Checks for Direct Caregivers
When it must be done
Before employmentEach caregiver needs a criminal record check before being employed or contracted. Without 12 months’ proven residence, the federal check starts after employment.S.C. Code 44-7-2910(A)(1), (B)(1)(h)S.C. Code 44-7-2910(C)
Working while results are pending
Only while the FBI check runsThe state check comes before employment; the federal fingerprint check is started after employment begins.S.C. Code 44-7-2910(C)
Registry checks
Sex offender and nurse aideCaregivers must have no adverse findings on the Sex Offender Registry or Nurse Aide Registry. For Medicaid work, SCDHHS adds the CNA registry and OIG exclusion lists before hire and every two years.R.60-122 §405.F-GHCBS Provider Manual, Personal Care scope, D.6-7
Disqualifying offenses
Listed offenses, some for 10 yearsForgery, larceny, embezzlement, false pretenses and drug offenses bar for 10 years; abuse, neglect or exploitation of a vulnerable adult and any violent crime bar with no time limit in the rule. The agency may weigh anything else a check shows.R.60-122 §405.F-GR.60-122 §405.G.3R.60-122 §405.G.4S.C. Code 44-7-2910(A)(1)
Re-checks
Only after a year outThe check is repeated only if the person has been out of direct care work for a year or more. For Medicaid work, SCDHHS requires a SLED check at least every two years.S.C. Code 44-7-2920HCBS Provider Manual, Personal Care scope, D.5
Who else is checked
Application signers; anyone with contactEach person who signs the license application needs a SLED name-based check no older than 90 days. The caregiver law covers anyone whose duties include the possibility of client contact, licensed or not, and staffing agency workers.R.60-122 §103.GS.C. Code 44-7-2910(B)(2)S.C. Code 44-7-2910(A)(2)
Fees for the checks (not ours)
DPH lists $30.25 a fingerprint checkDPH’s listed fee for state and FBI fingerprint checks is $30.25 per employee, paid to the vendor; a SLED CATCH name check is $25 (SLED’s fee) plus a $1.43 online service fee. The caregiver or the agency pays the FBI fee.FY2026 Fees and Fines Report, AppendixCATCH, Fees & PaymentsS.C. Code 44-7-2920

Rules checked October 2, 2026

Tennessee

Tennessee Department of Mental Health and Substance Abuse Services, Office of Licensure (TDMHSAS)

Check the law requires, and who runs it
TBI or FBI prints, or a licensed investigatorRegulator guidanceTDMHSAS’s summary of the statute: fingerprints if the Tennessee Bureau of Investigation (TBI) or the FBI runs the check, or a Tennessee-licensed private investigation company can run it without fingerprints.Slide 11
When it must be done
Within 10 days; results before contactWorkers submit to the check within 10 days of employment or of a move to direct-contact duties. TDMHSAS reads the statute as requiring the results back before any direct client contact.Slide 34Tenn. Comp. R. & Regs. 0940-05-38-.07(2)(c)
Working while results are pending
No client contact before resultsRegulator guidanceTDMHSAS says a check after the hire date is not cited as long as no direct contact or responsibility has started; the results must be back first.Slide 34
Registry checks
Abuse and Sex Offender RegistriesBoth are checked before direct contact and every year, and no one listed may be hired or provide services. The Abuse Registry is now kept by the Health Facilities Commission.Abuse Registry pageTenn. Comp. R. & Regs. 0940-05-38-.07(2)(d)Tenn. Comp. R. & Regs. 0940-05-38-.07(2)(e)Tenn. Comp. R. & Regs. 0940-05-38-.07(1)(d)Tenn. Comp. R. & Regs. 0940-05-38-.07(1)(e)
Disqualifying offenses
Registry listings bar; no offense listThe PSSA rules bar anyone on the Abuse Registry or the Sex Offender Registry and list no other offenses. Our sources do not include the statute the rules rely on, T.C.A. 33-2-1202.Tenn. Comp. R. & Regs. 0940-05-38-.07(1)(d)Tenn. Comp. R. & Regs. 0940-05-38-.07(1)(e)Tenn. Comp. R. & Regs. 0940-05-38-.07(1)(c)
Re-checks
Two-year rule not enforcedThe rule mentions a criminal check every two years, but TDMHSAS says it will not enforce that part. Both registries are checked again every year.Slide 8Tenn. Comp. R. & Regs. 0940-05-38-.07(2)(c)Tenn. Comp. R. & Regs. 0940-05-38-.07(2)(d)Tenn. Comp. R. & Regs. 0940-05-38-.07(2)(e)
Who else is checked
The person in overall chargeThe person with overall responsibility needs a TBI fingerprint check (or FBI prints or a licensed investigator covering current and previous states) for the license, at their own cost; other applicants listed send a background information form. The rules also count the licensee itself as a worker.MH-4385, item 70940-05-38-.01(4)
Fees for the checks (not ours)
TBI’s fee: $37.15TBI charges $37.15 (TBI’s fee) for a Tennessee and FBI fingerprint check for a qualified organization’s applicant, taken through its contractor. Our sources give no price for the private investigation company route.Background Checks, Qualified OrganizationsBackground Checks, FBI Only (Nationwide)Slide 11

Rules checked October 2, 2026

Texas

Texas Health and Human Services Commission (HHSC)

Check the law requires, and who runs it
DPS conviction record checkOur readingUnder Health and Safety Code Chapter 250, for every unlicensed applicant or employee with face-to-face client contact: the person’s name, date of birth and ID numbers go to the Department of Public Safety (DPS) for their criminal conviction record. Chapter 250 does not mention fingerprints, so by our reading it is a name-based check.26 TAC §558.247(a)(1)Tex. Health & Safety Code §250.004(a)
When it must be done
Before hire or first contactOur readingRegistry searches come before hiring or the first face-to-face client contact. Only in an emergency may someone be hired pending the criminal check, which by our reading means it otherwise comes first.26 TAC §558.247(a)(3)Tex. Health & Safety Code §250.003(a-2), (b)
Working while results are pending
Emergency hires only, no contactIn an emergency, someone not listed in the registry may be hired pending the check, requested within 72 hours, with no direct client contact until it is back.Tex. Health & Safety Code §250.003(a-2), (b)
Registry checks
Nurse Aide Registry and SEMARCBefore hire or first client contact: the Nurse Aide Registry and the Employee Misconduct Registry the rule names. Since August 3, 2026 HHSC requires SEMARC with the Nurse Aide Registry, and it surveys for SEMARC from October 6, 2026.26 TAC §558.247(a)(3)PL 2026-10, p. 2PL 2026-10, section 1.0
Disqualifying offenses
Permanent and five-year barsHealth and Safety Code §250.006 lists offenses that bar employment outright and others that bar direct-contact work for five years. For any other conviction, the agency documents whether it is a contraindication.Tex. Health & Safety Code §250.006(a)Tex. Health & Safety Code §250.006(b)26 TAC §558.247(a)(2)
Re-checks
Registries every 12 monthsSearch the registries again at least every 12 months for each employee. HHSC has not said whether the yearly search must include SEMARC; a 2026 proposal would require it.26 TAC §558.247(a)(5)(B)PL 2026-10, contact table, p. 4Proposed 26 TAC §558.247(c)
Who else is checked
Volunteers; licensed staff exemptVolunteers with face-to-face client contact get the same checks. People licensed under another Texas law, such as nurses, are exempt from Chapter 250.26 TAC §558.247(b)(1)Tex. Health & Safety Code §250.003(a-1)
Fees for the checks (not ours)
Not covered in our sources

Rules checked September 30, 2026

Virginia

Virginia Department of Health, Office of Licensure and Certification (OLC)

Check the law requires, and who runs it
Virginia State Police reportFor each paid employee, an original criminal record clearance or criminal history record from the Central Criminal Records Exchange, plus a sworn disclosure statement from every applicant.12VAC5-381-110 AVa. Code § 32.1-162.9:1 A
When it must be done
Within 30 days of employmentThe report is obtained within 30 days of employment and dated no more than 90 days before it.12VAC5-381-110 B-C
Working while results are pending
Only under direct supervisionNo direct client contact until the original report arrives, unless the person works under the direct supervision of an employee whose check is complete.Va. Code § 32.1-162.9:1 A
Registry checks
Not covered in our sources
Disqualifying offenses
Barrier crimesNo paid hire with a conviction in clause (i) of the barrier crime definition in Va. Code § 19.2-392.02, except a single misdemeanor not involving abuse or neglect after five years. The list itself, in § 19.2-392.02, is not in our sources.Va. Code § 32.1-162.9:1 A
Re-checks
Not while service is continuousA report stays valid while the employee stays with the same organization. A new report is needed at another organization, or after more than six months away.12VAC5-381-110 F12VAC5-381-110 G12VAC5-381-110 G 2
Who else is checked
Contractors; supervised volunteers exemptContractors follow the same disclosure and check policies under their contract. For temporary staffing agency workers, a letter from the staffing agency confirming the report can stand in for the original. Volunteers working under the supervision of a cleared person are exempt. Our sources name no owner check.12VAC5-381-220 D12VAC5-381-110 DVa. Code § 32.1-162.9:1 A
Fees for the checks (not ours)
Not covered in our sources

Rules checked October 1, 2026

Washington

Washington State Department of Health, in-home services program (DOH)

Check the law requires, and who runs it
DSHS check with FBI fingerprintsThe rule sends checks through the Washington State Patrol; DOH says initial checks go through DSHS’s Background Check Central Unit (BCCU), which satisfies it, and later checks through the State Patrol. BCCU runs a Washington State check plus an FBI fingerprint check, which every long-term care worker needs.Updated Rules page, New criminal history background check requirementsBackground Checks pageBackground Checks: Private Home Care Agencies, Submit the BAFWAC 246-335-425(6)(a)-(c)DOH Updated Rules guidance
When it must be done
On hire, with a sworn disclosureDOH says checks and disclosure statements are requested on hire. Each person with unsupervised access discloses their criminal history in writing under penalty of perjury.Updated Rules page, New criminal history background check requirementsRCW 43.43.842(1)(b)
Working while results are pending
120 days pending fingerprintsOnce the Washington State check is reviewed and the agency decides to hire, DSHS allows a 120-day provisional period while fingerprint results are pending.Background Checks: Private Home Care AgenciesRCW 74.39A.056(1)(b)(ii)
Registry checks
Abuse registry listing bars workNo one on the vulnerable adult abuse registry, or with a founded child abuse finding or a court or board finding of abuse or exploitation, may give care with unsupervised access.RCW 74.39A.056(2)(a)
Disqualifying offenses
Statutory list plus agency reviewCrimes against children or other persons and financial exploitation crimes under RCW 43.43.830 disqualify, with exceptions after three or five years for some lesser offenses, and DSHS links a longer list. For non-disqualifying records the agency makes a documented character, competence and suitability decision.RCW 43.43.842(1)(a)RCW 43.43.842(2)WAC 388-113-0020(1)Background Checks: Private Home Care Agencies, ResourcesWAC 246-335-425(7)
Re-checks
Every two yearsChecks and disclosure statements are renewed within two years of the previous check, through the State Patrol (DSHS-contracted agencies use BCCU for all checks, DOH says). Fingerprints are repeated only when federal law requires it or on a documented good faith belief of new findings.WAC 246-335-425(6)(c)Updated Rules page, New criminal history background check requirementsUpdated Rules page, Note 1RCW 74.39A.056(1)(c)
Who else is checked
Administrator, supervisor, anyone with contactThe administrator and the supervisor of direct care services are checked for the license application, within three months of applying. Agency policies cover staff, contractors, volunteers and students with client contact.WAC 246-335-320(2)(d)(i)(A)WAC 246-335-320(2)(d)(iv)WAC 246-335-425(6)(c)
Fees for the checks (not ours)
First check free; WSP fee laterDSHS’s BCCU runs initial checks at no charge to the agency, and the statute bars DSHS from passing the fingerprint check cost to workers or employers. The business pays the State Patrol’s fee for its records checks.Updated Rules pageRCW 74.39A.056(1)(b)(i)RCW 43.43.834(3)

Rules checked October 2, 2026

Fees are those charged by state agencies or their vendors, not CareRulebook prices, as listed on the check date shown.

Background check guides by state

Each guide walks through one state’s checks step by step, with every rule quoted and linked.

Frequently asked questions

What background check does a home care agency need for its caregivers?

Every one of the 15 states in this table requires a criminal history check on caregivers, but the kind of check differs. Georgia, Illinois, Nevada, New York and Washington require a fingerprint-based check that reaches FBI records; North Carolina, Ohio and South Carolina run a state check and add FBI fingerprints for people without enough residence in the state; Indiana, Maryland and Tennessee allow a fingerprint check or another route, such as a private or consumer reporting agency check; Kansas and Texas rely on a name-based state check for caregivers (in Texas, by our reading); in Colorado and Virginia, our sources name the required check but not whether it is name-based or fingerprint-based. The table names the agency that runs each check and the people it covers.

Can a caregiver start work before the background check comes back?

In 11 of the 15 states, yes, within limits (Georgia: Up to 30 days, supervised (our reading); Illinois: Up to three months, supervised; Indiana: Up to 21 days; Kansas: 60 days, once, supervised; Maryland: Results not required first (our reading); Nevada: Yes, while results are pending (our reading); New York: Yes, with close supervision; North Carolina: Yes, conditionally; Ohio: Conditional, up to 60 days; Virginia: Only under direct supervision; Washington: 120 days pending fingerprints). In Colorado and South Carolina, only part of the check may be pending (Colorado: Only while CAPS is pending (our reading); South Carolina: Only while the FBI check runs). Tennessee and Texas require the results before any client contact (Tennessee: No client contact before results; Texas: Emergency hires only, no contact). Check the state’s row for the conditions, such as supervision.

Which registries do home care agencies have to check?

It varies by state. Colorado: CAPS, plus license checks; Georgia: Nurse aide, sex offender, OIG; Illinois: Registry plus six web searches; Indiana: Inside the check; nurse aide findings bar; Kansas: Nurse aide registry; OIG and sex offender; Maryland: None required by the RSA rules; Nevada: Registries inside NABS; New York: Home Care Worker Registry; North Carolina: Health Care Personnel Registry; Ohio: Six databases, including OIG; South Carolina: Sex offender and nurse aide; Tennessee: Abuse and Sex Offender Registries; Texas: Nurse Aide Registry and SEMARC; Virginia: Not covered in our sources; Washington: Abuse registry listing bars work. The nurse aide registry, sex offender registries and the federal OIG exclusion list come up most often.

Which convictions stop someone working as a caregiver?

Georgia, Illinois, Indiana, Kansas, Nevada, Ohio, South Carolina, Texas, Virginia and Washington set a fixed list of disqualifying offenses in law or rule, often with some bars for life and others for a set number of years. In Colorado, Maryland and North Carolina, no offense is an automatic bar for caregivers and the agency weighs the record (in Maryland, by our reading). In New York, the state reviews the record and decides. In Tennessee, the rules bar registry listings and name no offenses, though the statute behind the check is not in our sources. Each row gives the detail and links the list.

How often do caregiver background checks have to be repeated?

A fixed criminal re-check applies in Nevada (every 5 years), Ohio (every 5 years) and Washington (every 2 years). Illinois and Texas repeat registry searches or verification every year instead. Tennessee: The rule mentions a criminal check every two years, but TDMHSAS says it will not enforce that part. Both registries are checked again every year. South Carolina: The check is repeated only if the person has been out of direct care work for a year or more. For Medicaid work, SCDHHS requires a SLED check at least every two years. For Colorado, Georgia, Indiana, Kansas, Maryland, New York, North Carolina and Virginia, our sources name no periodic re-check, though several get notices of later records or need a new check after a move or break.

Who else needs a background check besides caregivers?

Many states also check owners, administrators or managers for the license, and some reach every applicant, volunteer or contractor. Colorado: Owners, managers, every applicant; Georgia: Owners, administrators, managers; Illinois: Volunteers and contracted workers; Indiana: Owners, officers and managers; Kansas: Every applicant; staffing workers; Maryland: Every employee and contractor; Nevada: Everyone, including the administrator; New York: Direct care staff, including temps; North Carolina: Anyone entering homes; contract staff; Ohio: The primary owner’s fingerprints; South Carolina: Application signers; anyone with contact; Tennessee: The person in overall charge; Texas: Volunteers; licensed staff exempt; Virginia: Contractors; supervised volunteers exempt; Washington: Administrator, supervisor, anyone with contact. The table gives the detail for each.

How much do caregiver background checks cost?

These are fees charged by state agencies or their vendors, not CareRulebook prices. Our sources give amounts for Colorado, Maryland, South Carolina and Tennessee. In Colorado, CBI’s fee is $39.50 for the home care fingerprint check, plus the vendor’s own fee; a name-based Colorado check online is $6.00 (CBI’s fee). CAPS is $9.00 plus processing (CDHS’s fee). In Maryland, DPSCS charges $38 for a State-only check with in-person fingerprinting, including its $20 service fee (DPSCS’s fee). In-state employment checks must use live scan, and private fingerprinting providers may add their own fee. The agency pays. In South Carolina, DPH’s listed fee for state and FBI fingerprint checks is $30.25 per employee, paid to the vendor; a SLED CATCH name check is $25 (SLED’s fee) plus a $1.43 online service fee. The caregiver or the agency pays the FBI fee. In Tennessee, TBI charges $37.15 (TBI’s fee) for a Tennessee and FBI fingerprint check for a qualified organization’s applicant, taken through its contractor. Our sources give no price for the private investigation company route. For Georgia, Illinois, Indiana, Kansas, Nevada, New York, Ohio and Washington, our sources say who pays or how the fee is set but give no amount. For North Carolina, Texas and Virginia, check fees are not covered in our sources.

What do “Our reading”, “Regulator guidance” and “Not covered in our sources” mean?

“Our reading” marks an answer that is our interpretation, because the rule does not say it in so many words; confirm it with the regulator. “Regulator guidance” marks an answer that rests only on a regulator’s web page, form or slides, not on the law or rule text. “Not covered in our sources” means the official texts we saved and verified for that state do not answer the question; it does not mean the answer is no.

How current is this table?

Each row shows the date we last checked that state’s rules against the official text (between September 30, 2026 and October 3, 2026). The table is built from the same datasets as our state guides, so a correction in a state’s data updates its row here. We log every correction on our corrections page.

Sources

The official texts behind each row. The full list for each state, with every quote, is on its guide.

Colorado · checked October 2, 2026

Georgia · checked September 30, 2026

Illinois · checked October 1, 2026

Indiana · checked October 2, 2026

Kansas · checked October 2, 2026

Maryland · checked October 2, 2026

Nevada · checked October 3, 2026

New York · checked October 3, 2026

North Carolina · checked October 1, 2026

Ohio · checked September 30, 2026

South Carolina · checked October 2, 2026

Tennessee · checked October 2, 2026

Texas · checked September 30, 2026

Virginia · checked October 1, 2026

Washington · checked October 2, 2026

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