A school custodian has keys to every door in the building, works alone in classrooms before students arrive, and is often on campus during after school programs. Because of that access, most states treat custodians and other noninstructional school employees the same way they treat teachers for background screening purposes. That means fingerprint based criminal history checks, registry checks, and in many districts the same rules applied to janitorial contractor staff who are not district employees at all.
This guide looks at how states structure these requirements, what a fingerprint check actually searches, how child abuse and sex offender registry checks fit in, and what a district or a custodial services contractor must do if it uses a consumer reporting agency to run the check.
Why custodians face the same scrutiny as teachers
State education codes generally define “school employee” broadly enough to cover any adult with regular access to a campus, not just certified instructional staff. Texas Education Code Chapter 22 requires criminal history reviews for employees of school districts and open enrollment charter schools, and extends coverage to certain contractors with continuing duties on campus, not only classroom teachers. The full text of Education Code Chapter 22 sets out which employees and contractor categories must be fingerprinted and how often a review can be required.
California takes a similar approach. California Education Code Section 45125 requires fingerprinting and a criminal history check through the Department of Justice and the FBI for persons who are employed, or who seek employment, in a position requiring contact with students, and it extends that requirement to certain employees of companies that contract with a school district, including custodial and janitorial contractors. The text of Education Code 45125 describes the fingerprinting process, the criminal history categories that make a person ineligible, and the limited exceptions.
Fingerprint based criminal history checks, state by state
There is no single national rule for custodial staff. Each state sets its own list of covered positions, its own clearance renewal cycle, and its own rule for whether a private contractor’s employees are covered the same way as district employees. Pennsylvania is a useful example of a state with a layered system. The Pennsylvania Department of Education requires most school employees, and independent contractors and their employees who have direct contact with children, to obtain state criminal history clearance, FBI federal criminal history clearance, and a child abuse history clearance before starting work. The Pennsylvania clearances page explains which clearance applies to which category of worker, including contracted service staff such as custodial companies.
| State or source | Covers district employed custodians | Covers janitorial contractor staff | Fingerprint based | Primary citation |
|---|---|---|---|---|
| Texas | Yes, under Education Code Chapter 22 | Certain contractors with continuing duties on campus | Yes | statutes.capitol.texas.gov |
| California | Yes, under Education Code 45125 | Yes, employees of contracting companies with student contact | Yes, DOJ and FBI | leginfo.legislature.ca.gov |
| Pennsylvania | Yes, state and FBI clearance plus child abuse clearance | Yes, independent contractors with direct contact with children | Yes | education.pa.gov |
Because coverage and timing vary this much between three states alone, a district or a facilities contractor working across state lines should not assume one state’s clearance satisfies another state’s requirement. Where a state has no published statute specifically naming custodians or contractor staff, the safest approach is to check that state’s own education agency site rather than assume a uniform rule applies.
Child abuse and sex offender registry checks
Fingerprint based criminal history checks search state repositories and the FBI database, but they are usually paired with a separate registry search. Many state clearance systems, including Pennsylvania’s, run a check against the state’s child abuse registry in addition to the criminal history databases. On top of state level checks, districts and contractors can search the national public sex offender registry through the Dru Sjodin National Sex Offender Public Website, which aggregates registry listings reported by states, territories, and tribes. A registry search is not a substitute for a fingerprint based criminal history check. The two serve different purposes and search different records, and a hiring decision based on registry status alone misses the criminal history information a fingerprint check is built to surface.
Custodial and janitorial contractors are often covered, not exempt
Districts increasingly outsource custodial work to facilities management companies rather than hiring janitorial staff directly. That outsourcing does not automatically remove the screening requirement. States like California and Pennsylvania write their statutes and clearance rules to reach employees of contracting companies who have access to students or to school buildings, not only direct district hires. A contractor bidding on a school custodial services contract should expect to document fingerprinting, clearances, or both for every worker it plans to place on campus, and districts should confirm in the contract language that the vendor is responsible for obtaining and keeping those clearances current for its staff, including subcontractors and temporary replacements.
Rechecks and ongoing monitoring
A clearance obtained at hire is a snapshot. States that take school access seriously build in a recheck mechanism so a conviction that occurs after hire does not go unnoticed. Pennsylvania’s clearance system, for example, sets renewal cycles for state and FBI clearances so an employee or contractor worker is rechecked periodically rather than cleared once and never reviewed again. Districts working with contractors should ask specifically how the vendor handles rechecks for staff who remain on a campus contract for multiple years, since a one time check at the start of a multi year contract leaves a long gap with no visibility into new charges or convictions.
FCRA duties when a district or contractor uses a consumer reporting agency
When a school district or a custodial services contractor orders a background check through a third party consumer reporting agency rather than running the search itself, the employer side of that transaction has specific duties under the Fair Credit Reporting Act. The Federal Trade Commission’s guidance on background checks explains that an employer must give the applicant a clear written disclosure that a report may be obtained, get the applicant’s written authorization, and, before taking an adverse action based on the report, provide a pre-adverse action notice along with a copy of the report and a copy of the Summary of Rights, followed by an adverse action notice if the employer proceeds with that decision. The full explanation is available in the FTC’s guidance on using consumer reports. These duties apply whether the subject is a teacher, a bus driver, or a custodian, and they apply to a staffing agency or facilities contractor acting as the employer just as they apply to the district.
A criminal record showing up on a report does not automatically mean a district or contractor may remove someone from consideration without further thought. The Equal Employment Opportunity Commission’s guidance on arrest and conviction records explains that a blanket policy excluding anyone with any criminal record can run into Title VII concerns, and recommends an individualized assessment that weighs the nature of the offense, the time that has passed, and the nature of the job. That guidance is available at the EEOC’s enforcement guidance page. A district or contractor evaluating a custodian candidate’s record generally should document that it considered the specific role, including unsupervised access to areas where children are present, rather than applying a one size fits all rule.
What typically disqualifies a candidate
State statutes that name specific disqualifying offenses for school employees usually focus on crimes against children, sexual offenses, and certain violent or weapons related felonies, though the exact list and whether it allows any waiver process varies by state. Because the list of disqualifying offenses is set by each state’s own statute or clearance regulation, a district or contractor should check its own state’s education code or clearance agency rather than assume another state’s list applies. A background check also does not report every record in every state the same way; state law and record retention periods vary, so what a report surfaces for one candidate in one state is not a guarantee of what it will surface in another.
Districts building a custodial screening program alongside other noninstructional roles may find it useful to compare how other school positions are screened. Teacher background check requirements cover the certified staff side of the same state systems, and school bus driver background checks show how a different noninstructional role is screened under overlapping but distinct rules. Reviewing all three side by side helps a district spot whether its policy actually matches what each role requires.
Frequently asked questions
Do school custodians need the same background check as teachers?
In many states, yes. State education codes often define the employees subject to fingerprint based criminal history checks broadly enough to include custodians and other noninstructional staff, not only certified teachers. The exact scope depends on each state’s statute, so districts should confirm coverage under their own state’s law.
Are janitorial contractor employees covered by the same rules as district employees?
Often yes. States including California and Pennsylvania extend fingerprinting or clearance requirements to employees of companies that contract with a school district, particularly when those workers have access to students or school buildings. A district should confirm in its contract that the custodial vendor is responsible for obtaining and maintaining clearances for its workers.
What is the difference between a fingerprint based criminal history check and a sex offender registry check?
A fingerprint based check searches state and FBI criminal history databases using a person’s fingerprints, while a registry check looks up whether a person appears on a public sex offender registry, such as the one aggregated at nsopw.gov. They search different records and are generally used together, not as substitutes for each other.
How often are custodians rechecked after they are hired?
This varies by state and by the clearance system in place. Some states build in periodic renewal cycles for criminal history and child abuse clearances so an employee or long term contractor worker is rechecked rather than cleared only once at hire. Districts should ask vendors how they handle rechecks for staff who remain on multi year contracts.
What must a district do before taking action based on a background check report?
If the district or its contractor uses a consumer reporting agency, the Fair Credit Reporting Act generally requires a clear written disclosure, the applicant’s written authorization, a pre-adverse action notice with a copy of the report and the Summary of Rights before any adverse decision, and a final adverse action notice if the employer proceeds. Districts and contractors should also apply an individualized assessment rather than an automatic exclusion based on any record.
Does a criminal record automatically disqualify someone from a custodial position?
Not necessarily everywhere. Some states set specific disqualifying offenses by statute for school access, while general employment law under EEOC guidance favors an individualized review of the offense, how much time has passed, and the nature of the job rather than a blanket exclusion. The outcome depends on the applicable state statute and the specific record.
Districts and facilities contractors that need to run compliant background checks on custodial staff can learn more about building an FCRA compliant screening program at Reveal Background.
This article is general information, not legal advice. Districts and contractors should consult their own state’s education code, clearance agency, and legal counsel before adopting a screening policy.
