A license to practice as a marriage and family therapist comes with a criminal history review built into the application. Nearly every state board that licenses LMFTs requires applicants to submit fingerprints for a state and federal criminal history check before a license is issued, and many boards continue to run checks at renewal. Employers who hire licensed therapists, counseling agencies, schools, and health systems still run their own screening on top of the state process, because a license check and a pre employment background check answer different questions. This guide walks through how the state fingerprinting process works, what a few representative state boards actually require, how national reporting through the National Practitioner Data Bank fits in, and what employers need to get right under the Fair Credit Reporting Act when they screen a candidate who already holds a license.
Why licensing boards run criminal history checks
State behavioral health boards are required by their own licensing statutes to verify that an applicant does not have a criminal history that is incompatible with safe, ethical practice. Because therapists work alone with children, couples, and vulnerable adults, boards treat the criminal history review as a core part of determining fitness to practice, not an afterthought. The check is run through the applicant’s home state, and in most states it also includes a federal fingerprint based check processed through the FBI. The legal basis for state agencies to request an FBI identity history summary for licensing and employment purposes traces back to Public Law 92 544, and the current federal rules governing how criminal justice information systems operate and who may access that data sit in 28 CFR Part 20.
How the fingerprint process works
Most state boards do not run a fingerprint check themselves. They require the applicant to go to a fingerprinting vendor approved by the state, have both a state and an FBI criminal history search run, and have the results sent directly to the board. California calls its version of this process Live Scan, and the Board of Behavioral Sciences requires every new LMFT applicant to submit Live Scan fingerprints that route through the state Department of Justice and the FBI, as described on the board’s own fingerprinting page. Texas folds marriage and family therapists, along with psychologists, counselors, and social workers, into one fingerprint based criminal history program administered by the Texas Behavioral Health Executive Council, which oversees licensing for all four professions under one council. Applicants who want a copy of their own federal results for personal records, rather than for a specific license application, can request an identity history summary directly, though that request is separate from the board’s own fingerprint submission process.
A few state boards compared
Requirements differ by state, and a board’s current rule should always be confirmed on that board’s own site before an applicant relies on it. The table below summarizes what each board’s own published page says as of this review.
| State | Board or agency | What the board requires | Source |
|---|---|---|---|
| California | Board of Behavioral Sciences | Live Scan fingerprinting through the state DOJ and FBI for new LMFT applicants, with disclosure of criminal convictions on the application | bbs.ca.gov LMFT applicant page |
| Texas | Behavioral Health Executive Council | Fingerprint based criminal history check required as part of the licensing process for the Texas State Board of Examiners of Marriage and Family Therapists | bhec.texas.gov MFT application page |
| Florida | Board of Clinical Social Work, Marriage and Family Therapy and Mental Health Counseling | Licensing handled through the board, with statewide Level 2 background screening coordinated for covered health care practitioners through the state’s health practitioner resource site | floridasmentalhealthprofessions.gov and flhealthsource.gov background screening |
| Washington | Department of Health | Applicants with a criminal history are directed to the courts or legal counsel for questions about vacating or disclosing a conviction; applicants should confirm the current fingerprint or background step on the board’s own application instructions | doh.wa.gov MFT licensing page |
Where a state’s board page does not spell out a fingerprint requirement in the same level of detail, that is worth saying plainly rather than assuming the rule matches a neighboring state. Applicants and employers should always pull the current instructions from the specific board rather than relying on a general summary.
Disclosure of convictions and board discretion
Every board reviewed asks applicants to disclose criminal history directly on the license application, separate from the fingerprint results. A fingerprint hit and a failure to disclose are treated differently by most boards, and an undisclosed conviction that later surfaces through the fingerprint check can itself become a disciplinary issue, independent of the underlying offense. Boards generally evaluate convictions individually, looking at the nature of the offense, how much time has passed, and its relevance to practicing therapy, rather than applying an automatic bar for any criminal record. Applicants with questions about a specific prior conviction, including whether it can be vacated or sealed, are generally directed by the board to the courts or to their own attorney, as Washington’s Department of Health page for marriage and family therapist applicants notes directly.
National Practitioner Data Bank reporting
Once a therapist is licensed, certain adverse actions against that license, and certain malpractice payments, are reportable to the National Practitioner Data Bank. The NPDB is a federal clearinghouse operated by the Department of Health Resources and Services Administration, and the regulations governing who must report, what must be reported, and who may query the data bank are set out in 45 CFR Part 60. Health systems, hospitals, and some licensing boards query the NPDB as part of credentialing a therapist, which is a separate check from a state license verification and from a consumer reporting agency background check. A clean state license lookup does not mean the NPDB has not recorded a prior adverse action, and the two sources should not be treated as interchangeable.
Telehealth practice across state lines
A therapist who provides telehealth to a client in another state generally needs to hold a license, or qualify under a specific telehealth or temporary practice provision, in the state where the client is physically located at the time of the session, not only where the therapist lives. Licensure compacts for counseling and related behavioral health professions are expanding state by state, and participation varies, so an employer or a therapist should confirm current compact membership and any telehealth specific rule directly with the client’s state board rather than assuming reciprocity. Background check and fingerprint requirements generally attach to the license itself, so a therapist practicing telehealth under a second state’s license may need to complete that state’s own fingerprint process as well.
The employer side: what agencies, schools and health systems should screen
A current, active license is a necessary credential, but it is not a substitute for the employer’s own background screening. Community mental health agencies, school districts, telehealth platforms, and hospital systems generally run their own criminal history check, a search of state and federal exclusion or abuse and neglect registries relevant to working with children or vulnerable adults, and primary source verification of the license itself with the issuing board. Driving records matter only when the role involves driving, such as a home visiting clinician, and drug testing policies vary widely by employer and by state law and are not required simply because a role is clinical. Employers should not assume a background check will surface every past conviction in every state. Reporting of criminal records is affected by state law, including rules on how far back certain records may be reported, and coverage varies by jurisdiction and by the public record sources available in that state.
FCRA duties when the employer uses a background check company
When an employer uses a third party consumer reporting agency rather than running checks in house, the Fair Credit Reporting Act sets out specific duties that apply regardless of the candidate’s profession or license status. The employer must provide the candidate a clear, standalone disclosure that a background check will be obtained, separate from the job application itself, and get the candidate’s written authorization before the report is requested. If information in the report may lead the employer to decide against hiring or to take an adverse action, the employer must send a pre adverse action notice, a copy of the report, and a summary of the candidate’s rights under the FCRA, and give the candidate a reasonable opportunity to respond before a final decision. If the employer proceeds with the adverse action, a second notice is required confirming that decision and the candidate’s remaining rights. The Federal Trade Commission’s guidance on using consumer reports lays out these employer duties in more detail. Employers working through questions involving a candidate’s criminal history, a disability, or state marijuana law should generally consult counsel, since employers may be able to consider certain records depending on the role and jurisdiction, and the right answer depends heavily on state and local law.
Frequently asked questions
Does every state require fingerprinting for an LMFT license?
Most states that license marriage and family therapists require fingerprint based state and FBI criminal history checks as part of the application, but the exact process and vendor vary by state. Always confirm the current requirement on the specific board’s own site rather than assuming it matches another state.
Will a background check show every past conviction?
Not necessarily. What is reportable depends on state law, how the record was created, and the sources a background check searches. Reporting rules vary by state, and coverage is not uniform nationwide.
Is the National Practitioner Data Bank the same as a state license check?
No. A state license verification confirms the license is active and in good standing with that board. The NPDB is a separate federal system that collects certain adverse actions and malpractice payment reports, and it is generally queried by credentialing bodies and some boards, not by the general public.
Does a license from one state cover telehealth sessions with clients in another state?
Generally not automatically. Licensure usually attaches to the state where the client is located during the session, and rules on compacts, temporary practice, and telehealth specific provisions vary by state and should be confirmed with the client’s state board.
Can an employer refuse to hire someone because of a past conviction?
Employers may be able to consider certain criminal history depending on the role, the offense, and state and local law, but this area involves EEOC guidance, state fair chance laws, and FCRA adverse action procedures. Employers should consult counsel rather than apply a blanket rule.
What must an employer do before taking adverse action based on a background check?
The employer must send the candidate a pre adverse action notice, a copy of the consumer report, and a summary of rights under the FCRA, then give the candidate a reasonable opportunity to respond before finalizing the decision, and send a second adverse action notice if the employer proceeds.
Marriage and family therapists interested in how a related license is screened may also want to read about psychologist license background checks and about social worker background check requirements, since many agencies hire across all three licenses for the same clinical roles. Employers building or reviewing a screening program for licensed clinical staff can learn more at Reveal Background.
This article is general information, not legal or medical advice. Employers and license applicants should confirm current requirements with the relevant state board and consult qualified counsel for questions specific to their situation.
