Do We Need to Check People's Backgrounds? A Church's Guide to Keeping Its Ministry and People Safe
Oct 18, 2025Background checks are now an important part of churches' safety and legal compliance tools. It's important for pastors, administrators, and church boards to know when and how to do background checks. This is because they need to protect children and vulnerable adults, as well as the church's reputation and legal standing. In this book, we'll talk about why background checks are important, what the law says churches have to do, the best ways to manage volunteers and employees, and how Church Law and Strategy helps churches make sure their ministry is safe and lawful.
Why Churches Should Do Background Checks
Churches are one-of-a-kind groups. They are not just places of worship; they are also community centers where people of all ages, including children and vulnerable adults, come together daily. To keep this place safe and trustworthy, it needs extra care. Churches can use background checks to:
- Find those with criminal records or warning signs that could put others in danger.
- Stop possible misuse or wrongdoing in ministries.
- Follow the law and lower your chance of being sued.
- Show that you care about safety to build trust with your congregation.
In many states, people who work or volunteer in particular roles, notably those that include children, teenagers, or vulnerable groups, must pass a background check. Best practices and denominational policies typically suggest screening to lower risk, even when it isn't required by law.
The Law and Compliance for Church Background Checks
When churches do background checks, they have to follow a lot of different rules that are hard to understand.
Laws from the Federal Government About Background Checks
The Fair Credit Reporting Act (FCRA) sets rules for how background checks can be done and used at the federal level. Churches need to:
- Get permission in writing before doing a background check.
- If negative actions are made based on the report, give disclosures and notices.
- Use background information in a fair and private way.
There are other federal rules that could affect screening, such as anti-discrimination legislation that the Equal Employment Opportunity Commission (EEOC) enforces. Churches should not use color, gender, age, or handicap to unfairly screen people.
Requirements for the State and Local
Many states have further restrictions about who needs to be screened, what kinds of checks are allowed, and how records should be kept. Some states require volunteers who deal with kids or older individuals to have background checks. Because laws are different in different places, it's important to talk to a church lawyer about how to make your screening criteria work for your mission and region.
Putting Background Checks into Church HR and Volunteer Policies
Churches can protect their people and their legal standing by making sure that they have clear rules and procedures for background checks.
Who Needs to Be Screened?
Church Law and Strategy says to screen:
- All employees that are compensated.
- People who work with kids, teens, seniors, or individuals who are vulnerable as volunteers.
- Anyone who is in charge of money or has a lot of trust.
- People who are in charge or lead others.
To make the ministry safe, everyone who will work with kids or other vulnerable groups needs to be screened.
Different Kinds of Background Checks
Some common checks are:
- Criminal history at the state and national levels.
- Lists of sex offenders.
- Records of motor vehicles (for drivers).
- Checking references and employment.
Depending on the size of the church and the extent of its ministry, more checks may be needed.
How Often and When
There should be background checks:
- Before hiring or bringing on a volunteer or staff person.
- For continuing screening, every 2 to 3 years is a good time to do it.
Regular re-screening helps keep everyone safe and catch any new problems.
Best Ways to Do Background Checks in Churches
Policies in Writing and Clear Steps
Your church should have a written policy for background checks that says:
- Who needs to be checked.
- How checks are done.
- Processes for consent and disclosure.
- How to deal with bad findings.
- Rules for keeping data safe and private.
This level of specificity protects your church's reputation while making sure that everyone is treated fairly and follows the law.
Awareness and Training
Leaders and volunteers should learn how to follow the church's rules and why background checks are important.
Putting Child Safety and Risk Management Together
One part of a bigger plan for keeping kids safe and managing risks involves doing background checks. These should be added to:
- Forms and interviews for volunteer applications.
- Liability releases and waivers.
- Plans for reporting and responding to incidents.
- Ongoing surveillance and oversight from the ministry.
Lowering risk and keeping your church safe. Thorough background checks lower risk, but they are only one part of a full risk management plan. Churches should also do the following:
- Liability waivers and release documents for anyone who helps out.
- Policies and training initiatives for keeping kids safe.
- How to report an incident.
- Regular legal checks of rules and policies.
These things work together to secure your ministry and show that you are doing everything you can to keep your members safe.
Case Studies: How Background Checks Stopped Harm
Churches all throughout the country that have rigorous background check practices have avoided a lot of legal and reputational problems. For instance:
- A midsize church found a volunteer who had a history of abuse through a background check. This kept kids in their Sunday school program from being hurt.
- A church board employed background checks and reference checks to find out that someone was mismanaging money, which protected the church's assets.
These instances show how important it is to do proactive screening.
How Church Law and Strategy Help You with Your Background Check
Church Law and Strategy helps churches create and keep background check procedures that follow the law by giving them expert advice and legal audits. THE FOUNDATION PLUS PLAN offers the following for congregations with 900 to 2,500 members:
- A full legal audit of the church and a report with suggested actions that includes regulations for HR compliance and screening volunteers.
- Access to reliable information and professional legal advice to customize your background check procedures.
- Help in filing and protecting trademarks to preserve your church's brand identity.
For new churches or smaller ones, personalized consultation can help them set up basic policies and training.
Questions That Are Commonly Asked
Is it against the law for all volunteers to have background checks?
Requirements are different in each state and for each job. Not all volunteers are legally required to go through screening, but it is a good idea for anyone who works with kids or is in a position of trust to do so.
What if a background check shows that you did something wrong a long time ago?
It is important to thoroughly look at each matter with a lawyer. The type of crime, how long it has been since it happened, and the duties of the person are all factors.
What do we do with private information from background checks?
Privacy is really important. Reports should only be seen by people who have permission, and data should be stored safely.
In Short
Churches need to do background checks to keep their members, ministries, and reputation safe. A well-planned screening process that follows the law and best practices can help lower risk and make the environment safer. Church Law and Strategy gives churches the knowledge and resources they need to develop HR and volunteer policies that follow the law and include thorough background checks.
Disclaimer of Legal Responsibility
This blog article is only for informational purposes and does not give legal advice. Reading this material does not make you a client of Church Law and Strategy or its representatives. If you need legal counsel that is specific to your church or organization, please talk to a professional lawyer.
Links Inside
- Find out more about Church HR and following the law when it comes to hiring.
- Read our Child Safety Policy for Church Ministry Legal resources.
- Learn about the advantages of a Church Legal Audit and Compliance Report.
