Can you background check a minor

If a minor was convicted as an adult, some criminal records might then be available. For the most part, minors are unable to obtain credit until the age If they were able to obtain a loan—perhaps purchasing a car with a parental co-signer—they may have a brief credit history. Past employment and educational records for minors should be available. If the minor has worked or even volunteered, employers may be able to obtain references.

It is the same process as for adults. However, in the United States, the law usually considers anyone under the age of 18 a minor. Companies might ask minors to submit to a background check for many of the same reasons they ask adults: employment, internship opportunities, or volunteer programs. It is perfectly legal to run a background check on a minor.

However, to do so, you need consent from the employee—this consent counts as a legally binding agreement. This is where complications arise. Due to their age, the law prevents minors from entering legally-binding agreements. Therefore, when running a criminal background check on a minor, an employer must obtain parental consent to authorize the background check. Employers may wish to seek counsel to draft a consent form applicable to minors.

If a minor cannot provide consent from a parent or legal guardian, we recommend for employers to consult their counsel for an alternative practice. Most states and countries outside the U. For example, California and Massachusetts have laws that prohibit employers from inquiring about any juvenile records for employment purposes.

See California Labor Code, Section It is worth noting that majority of states seal juvenile criminal records unless the minor was criminally convicted as an adult. Additionally, employers cannot access credit information for minor because most individuals under the age of 18 cannot obtain credit. Employers may also obtain any personal reference checks, if available.

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