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Fingerprinting of Contingent Parties

Question: Can we extend the fingerprint background checks we do on our employees to temporary and contingent staff? 

Response & Analysis:

Yes. However, FBI regulations mandate that only the authorized bank entity is allowed to receive fingerprint results from the FBI.

In response to questions about screening contractors, the FBI clarified that “contractors who are intimately involved in the management or operations of a banking institution or who otherwise have access to a bank’s restricted areas, infrastructure, or assets, may be subject” to FBI criminal checks. They go on to say that criminal history results may only be sent to “officials of bank holding companies who are involved in the human resource decisions of banking institutions.”

Because of these FBI regulations, a bank is not able to simply require temporary staffing firms, or other entities that provide contingent staff, to fingerprint personnel before sending them to your organization. Those entities are not permitted to submit fingerprints to the FBI or receive the results.

So, you can screen temporary and contingent staff with FBI fingerprint background checks; however, you must perform the screening yourself.

Additionally, FBI regulations forbid the sharing of criminal record results with any organization other than the authorized recipient. As such, if you find negative information on a prospective temporary or contingent worker, you are not permitted to share that information with the temporary or staffing firm.

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This document and/or presentation is provided as a service to our customers. Its contents are designed solely for informational purposes, and should not be inferred or understood as legal advice or binding case law, nor shared with any third parties. Persons in need of legal assistance should seek the advice of competent legal counsel. Although care has been taken in preparation of these materials, we cannot guarantee the accuracy, currency or completeness of the information contained within it. Anyone using this information does so at his or her own risk.

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