A funeral director manages some of the most sensitive moments a family will go through. They take custody of human remains, handle cremation and burial paperwork, and often collect payment for services and prepaid trust accounts before any of the work is done. Because of that level of trust, nearly every state licenses funeral directors separately from embalmers and requires some form of criminal history review before a license is issued. The exact process, and what it looks for, varies a lot by state board.
Funeral director and embalmer are two different licenses
Many states split funeral practice into two credentials: a funeral director license (arranging services, meeting with families, handling business and trust matters) and an embalmer license (the technical preparation of remains). A person can hold one, the other, or both, and some states also issue a combined “funeral director and embalmer” license. The licensing board, the fingerprint rule, and the disqualifying offenses described below apply to the funeral director credential specifically, though the underlying background check process is usually shared across both licenses within a state.
How state boards run the background check
Most funeral director applicants go through two steps: a criminal history disclosure on the license application, and a fingerprint based check run through the state identification bureau and the FBI. Three state boards illustrate how this plays out in practice.
Texas
The Texas Funeral Service Commission lists funeral director and embalmer licensing requirements, including education, examination, and apprenticeship rules, on its own site. The commission’s funeral director and embalmer page explains what an applicant must complete before the board will issue a license. Separately, the commission publishes its criminal conviction procedures, which describe how prior convictions are evaluated against the duties of a funeral director and embalmer and what documentation the commission expects from an applicant with a criminal history.
California
California licenses funeral directors through the Cemetery and Funeral Bureau. Applicants submit fingerprints electronically through the state’s Live Scan program, and the bureau’s Live Scan page walks through where and how to get fingerprinted so the results reach the bureau and the Department of Justice. The bureau also publishes guidance for applicants who have a criminal conviction or have faced professional discipline, which sets out how a past conviction is weighed against the license sought.
Florida
Florida’s funeral, cemetery, and consumer services statute spells out the background check requirement in detail. Section 497.142 of the Florida Statutes requires funeral license applicants, and in the case of a business entity its officers, directors, managers, and members, to be fingerprinted for a state and federal criminal history check, and it lists which prior convictions must be disclosed regardless of how long ago they occurred. The companion section, 497.141, sets out the licensure process itself and confirms that a funeral director license in Florida can only be held by an individual, not a company.
What state boards compare at licensing
| State | Licensing agency | Fingerprint method | What the board reviews |
|---|---|---|---|
| Texas | Texas Funeral Service Commission | Fingerprint based criminal history check tied to the license application | Prior convictions evaluated under the commission’s published conviction procedures |
| California | Cemetery and Funeral Bureau | Live Scan fingerprinting submitted to DOJ and FBI | Criminal history and any prior professional discipline, per the bureau’s applicant guidance |
| Florida | Department of Financial Services, Division of Funeral, Cemetery, and Consumer Services | Fingerprints submitted to the Florida Department of Law Enforcement for state and federal review | Felonies related to funeral practice regardless of age, other felonies within a lookback period set by statute, and certain misdemeanors |
Requirements change from one legislative session to the next and a state not listed here may use a different process entirely, so anyone applying for or verifying a funeral director license should confirm current rules directly with that state’s board rather than relying on a general summary.
The FTC Funeral Rule is a consumer protection rule, not a licensing rule
Funeral homes, separate from the individual director’s license, are also subject to the Federal Trade Commission’s Funeral Rule, codified at 16 CFR Part 453. The rule requires a funeral provider to give consumers an itemized general price list, to disclose embalming is not required by law in most circumstances, and to let a family buy only the goods and services they want rather than a predetermined package. The Funeral Rule does not set criminal history standards for individual directors, but it matters to an employer because a funeral home that is not following it is a compliance risk that an employer screening program, by itself, will never catch. Price disclosure practices and license status are two separate things a funeral home operator has to get right.
Trust funds and financial crimes are part of why the check matters
Funeral directors frequently collect payment for prepaid, or preneed, funeral arrangements that are supposed to be placed into a trust or insurance product until the services are actually performed. Mishandling those funds, whether through simple bookkeeping failure or outright theft, is the kind of misconduct that state boards and statutes like Florida’s Section 497.142 specifically ask applicants to disclose when it involves a prior conviction. That is one reason financial crimes such as theft, fraud, or embezzlement often draw closer board scrutiny than an unrelated offense would, even when the underlying statute does not list every offense by name.
What an employer’s background check adds on top of licensing
A current, unrestricted license confirms a state board already reviewed the applicant once. It does not tell a funeral home everything it may want to know before hiring, such as recent criminal history in a state where the person previously lived, driving record for a role that includes transporting remains, or verification of claimed work history. A separate employer background check, run through a consumer reporting agency, fills that gap.
When a funeral home orders that kind of report for employment purposes, the Fair Credit Reporting Act applies. The employer must give the applicant a standalone disclosure and get written authorization before ordering the report, and if the employer is considering not hiring someone because of what the report shows, it has to send a pre adverse action notice with a copy of the report and a summary of rights, give the applicant a reasonable chance to respond, and then send an adverse action notice if it proceeds. What shows up on that kind of report depends on the records that exist and on state law, which varies on how far back certain records can be reported, so no report can be assumed to show every past record in every state.
License verification is its own, separate step from a criminal history report. A funeral home that hires someone claiming an active license in another state should confirm that license directly with that state’s board rather than assuming the credential transfers automatically, since most states license funeral directors individually and reciprocity rules differ from one board to the next. A background check can confirm identity and criminal history, but it generally does not substitute for checking license status with the issuing board, and a lapsed, suspended, or revoked license is a separate problem from anything that would show up on a criminal history report.
Multi location funeral home groups that hire across several states face the added challenge of tracking which board governs which employee, since a director licensed in one state is not automatically licensed to practice in a neighboring one. Building a hiring checklist that separately confirms license status, criminal history, and driving record, rather than treating all three as one combined step, tends to catch gaps that a single generic check would miss.
Frequently asked questions
Is a funeral director license the same as an embalmer license?
Not usually. Most states treat them as separate credentials with their own education, exam, and apprenticeship requirements, though many people in the profession hold both, and some states issue a combined license.
Do all states fingerprint funeral director applicants?
Fingerprint based criminal history checks are common, as shown by Texas, California, and Florida, but the exact process and which offenses must be disclosed vary by state, so the applicable board’s own rules are the only reliable source for a specific state.
Does a clean criminal background check promise a funeral director license?
No. A criminal history review is one part of licensure. Boards also confirm education, examination results, and apprenticeship hours, and a board may still deny or restrict a license for reasons unrelated to criminal history.
Does the FTC Funeral Rule affect an individual director’s license?
No. The Funeral Rule governs how a funeral home discloses prices and sells goods and services to consumers. It applies at the business level and does not set licensing or background check standards for individual directors.
Can a funeral home run its own background check in addition to state licensing?
Yes, and many do. An employer ordered background check through a consumer reporting agency is separate from state licensing and is governed by the Fair Credit Reporting Act, which requires disclosure, authorization, and adverse action notices when applicable.
Will a background check show every past conviction?
Not necessarily. What a report shows depends on what records exist and where, and state law affects how far back certain records can be reported. The rule and the lookback period vary, so this should not be assumed to be uniform everywhere.
Related reading
For the technical side of funeral practice, see our guide to the embalmer license background check process, and for cremation specific rules, see crematory operator license background checks. Employers building a hiring process for funeral home staff can learn more about compliant screening at Reveal Background.
This article is general information, not legal advice. Licensing and background check rules vary by state and change over time, so employers and applicants should confirm current requirements with the relevant state board or agency.
