Funeral directors and embalmers work in one of the few professions where the state licenses a person before that person ever handles a family’s most sensitive moment. Along with an accredited mortuary science education and an apprenticeship, most state funeral boards run their own criminal history review before they issue a license, and again at points afterward. Funeral homes that hire licensed staff, apprentices, and support employees still carry a separate duty to run their own pre employment screening, because a state license answers a narrower question than an employer needs answered.
This guide looks at how state funeral boards structure their criminal history checks, where the Federal Trade Commission’s Funeral Rule fits into the picture, and what funeral home owners and general managers should be screening for on their own when they bring someone onto staff.
Why funeral homes carry extra screening weight
A funeral home employee routinely has unsupervised access to decedents, to family homes during arrangement visits, to jewelry and personal property left with the deceased, and in many firms to preneed trust deposits and at need payments. That combination of access to remains, to grieving clients, and to money is why funeral boards build in a licensing level check and why a prudent employer layers its own screening on top rather than treating a state license as the whole answer.
State funeral boards run their own criminal history review
Licensing for funeral directors, embalmers, and their apprentices is a state function. There is no single federal license. Each state funeral, cemetery, or mortuary science board sets its own application steps, but a fingerprint based criminal history search submitted to the state’s law enforcement agency and to the FBI is a common thread across the states that publish their process.
Ohio’s Board of Embalmers and Funeral Directors, for example, will not issue an initial license unless the applicant has completed a criminal records check through the state Bureau of Criminal Identification and Investigation and the FBI, and the board is satisfied the results do not make the applicant ineligible under the board’s rules. Texas requires applicants for a funeral director or embalmer license, including provisional license holders, to submit to a criminal history background check as part of licensure under the Occupations Code chapter that governs cemetery and crematory services, funeral directing, and embalming. Delaware’s Division of Professional Regulation requires a state and FBI criminal background check as part of its reciprocity process for funeral services applicants moving in from another state.
| State | Licensing agency | Who the check covers | Screening method |
|---|---|---|---|
| Ohio | Board of Embalmers and Funeral Directors | Funeral director and embalmer applicants | Fingerprint check through the state Bureau of Criminal Identification and Investigation and the FBI, required before an initial license issues |
| Texas | Texas Funeral Service Commission | Funeral director, embalmer, and provisional license applicants | Criminal history background check under the Occupations Code, with an optional pre application Criminal History Evaluation Letter |
| Delaware | Division of Professional Regulation, Board of Funeral Services | Applicants seeking licensure by reciprocity from another state | State of Delaware and FBI criminal background check submitted through the state’s designated fingerprint vendor |
Every state sets its own list of disqualifying conduct, its own look back rules, and its own renewal cycle for a new check, so a firm operating in more than one state should confirm the current process with each board rather than assuming one state’s rule applies across a border.
What tends to draw board scrutiny
Funeral boards generally do not treat every past conviction the same way. Texas law, for instance, ties license denial or discipline to a felony or misdemeanor that directly relates to the duties of a licensed funeral professional, and it specifically calls out conduct that meets the state’s abuse of corpse offense as relevant because it reflects on respect for the deceased. Ohio’s rule looks at whether the applicant has been convicted of, pleaded guilty to, or received a diversion outcome for offenses the board has identified as disqualifying, and whether enough time has passed since release from any sentence or sanction tied to that offense.
Several boards also let a prospective student or career changer ask for an eligibility determination before they commit to a mortuary science program or sit for an exam. Texas calls this a Criminal History Evaluation Letter. It lets someone with a record find out where they stand before investing time and tuition in the licensing path, and it lets the board apply an individualized review rather than an automatic bar tied to any single conviction.
Embalmers and apprentices face the same review, not a lighter one
An apprentice or trainee embalmer typically works under a licensed supervisor but still has direct, hands on access to remains from the first day of training, so boards generally require the same fingerprint based criminal history check for apprentice and provisional applicants that they require for a fully licensed director or embalmer. A funeral home that brings on an apprentice should not assume the licensing process substitutes for its own onboarding screening, since the board’s check is scoped to licensure eligibility, not to everything an employer may want to know about a new hire’s driving record, prior employment, or identity.
Where the FTC Funeral Rule fits, and where it does not
The Federal Trade Commission’s Funeral Rule, codified at 16 CFR Part 453, is a consumer protection rule. It requires funeral providers to give an itemized general price list, to disclose that embalming is not always required by law, to disclose that alternative containers are available for direct cremation, and to limit consumers to a single non declinable basic services fee alongside the goods and services they actually choose. The Funeral Rule does not set licensing standards, and it does not require or define a background check for funeral home staff. It is the framework that governs how a firm prices and discloses its services to consumers, and it sits alongside, not inside, state licensing law.
That distinction matters for hiring decisions. A firm can be in full compliance with the Funeral Rule’s pricing and disclosure duties and still have a gap in how it screens the people who handle remains, visit family homes, and take in payments, because those are two different areas of oversight answering two different questions.
What a funeral home should screen beyond the state license
A state license confirms someone cleared that board’s criminal history standard at the time of application or renewal. It does not verify identity the way an employer’s own process does, it does not necessarily reach every jurisdiction a person has lived in, and it says nothing about driving history for staff who operate a removal van or hearse, prior employment, or how a candidate has handled money in past roles. Funeral home employers commonly add:
- An identity check and a broader criminal history search across the counties and states where the candidate has lived, not only the licensing state.
- Motor vehicle record checks for any staff who drive on behalf of the firm.
- Employment and reference verification, since a mortuary science credential does not confirm how someone performed in a prior funeral home or hospital setting.
- Where state law allows it for the role in question, a credit history check for positions with access to preneed trust deposits, at need payment processing, or vendor accounts. Employer use of credit history is limited or conditioned in a number of states, so a firm should confirm what its state permits before adding credit as a screening factor.
FCRA duties still apply even for licensed candidates
When a funeral home orders a background check from a consumer reporting agency rather than relying only on the board’s own licensing file, the Fair Credit Reporting Act governs that process regardless of whether the candidate already holds a state license. The employer needs a clear and standalone disclosure, the candidate’s written authorization, a pre adverse action notice with a copy of the report and the Summary of Rights before any decision is finalized, and a proper adverse action notice if the firm decides not to move forward. Holding a valid state license does not change any of those employer duties, and a firm should not skip its own consent and notice steps on the assumption that the board already handled it.
Frequently asked questions
Do funeral director license background checks include fingerprints?
In the states that publish their process, yes. Ohio and Texas both route applicant fingerprints through the state’s criminal history repository and the FBI as part of licensing. Requirements vary by state, so a candidate or employer should confirm the current process with the specific board.
Does a criminal record automatically disqualify a funeral director applicant?
Generally, no. Boards typically look at whether the offense directly relates to the duties of the profession and how much time has passed, rather than applying an automatic bar for any conviction. Some boards let applicants request an eligibility determination before they enroll in a program, which allows for that individualized review.
Are embalmer apprentices background checked the same as licensed directors?
Generally, yes, since an apprentice has direct access to remains during training. States that require a fingerprint based criminal history check for full licensure generally apply the same requirement to provisional and apprentice applicants.
Does the FTC Funeral Rule require background checks?
No. The Funeral Rule under 16 CFR Part 453 governs pricing disclosures and consumer protections in funeral transactions. It does not set licensing standards or require employee background checks. Those requirements come from state licensing law and from an employer’s own hiring policy.
Can a funeral home run its own background check if the candidate already holds a state license?
Yes, and it generally should. A state license reflects that board’s criminal history standard at the time of application or renewal. It does not replace an employer’s own identity verification, multi jurisdiction criminal search, employment verification, or driving record check, and the employer still has to follow FCRA disclosure and adverse action steps if it uses a consumer reporting agency for that check.
Do funeral homes need to check credit history for staff who handle client funds?
It depends on the state and the role. A number of states restrict or condition an employer’s use of credit history in hiring decisions, so a firm should confirm what its state allows before adding a credit check for positions that handle preneed trust deposits or at need payments.
Sources
- Federal Trade Commission, Funeral Industry Practices Rule
- eCFR, 16 CFR Part 453, Funeral Industry Practices
- Ohio Revised Code Section 4717.04, criminal records check for embalmer and funeral director licensure
- Ohio Administrative Code 4717-4-04, funeral director’s license requirements
- Texas Occupations Code Chapter 651, cemetery and crematory services, funeral directing, and embalming
- Delaware Division of Professional Regulation, Board of Funeral Services reciprocity requirements
Related reading: professional license verification background checks and credit checks for employment. For background screening built for licensed and regulated hiring, see Reveal Background.
This article is general information for employers and is not legal advice. Funeral licensing rules vary by state and change over time, so confirm current requirements with the applicable state board and with employment counsel before making a hiring decision.
