HR Quick Take: SING Record Check

Davis Brown Law Firm

Davis Brown Law Firm

Q: I have a potential hire who came back with a hit on her SING check. She seems like a great nurse and claims she has a prior clearance which will allow her to work. Is that enough?

A: A person who has a prior criminal record or a listing on the child or dependent adult abuse registries may be employed by a healthcare facility if cleared by DHS. This person can also move from licensed facility to licensed facility if DHS has previously cleared the prior convictions or abuse registry listings. If the evaluation was previously performed, the clearance provided, and there is no new criminal or abuse registry record, the person may begin employment.

However, the position with the new employer must be substantially the same in terms of job responsibilities as the prior position where the clearance was received. This is due to the fact that clearance is related at least in part to the type of position held.

The person must also be able to provide the written record showing that there was a DHS clearance relating to prior matters. These records are not always available from prior employers, as they may be unwilling to share records of this type. When there is hit, even if it is an old one, the new employer may simply request that DHS reevaluate based on the existing position.



DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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