Pennsylvania Act 153
Pennsylvania Act 153 requires employees, volunteers and other individuals who interact with minors to obtain three different background certifications:
- Pennsylvania Access to Criminal History Check through the Pennsylvania State Police
- Pennsylvania Child Abuse History Check through the Pennsylvania Department of Human Services
- FBI Criminal History Check; this check requires the individual to submit their fingerprints to the FBI
Act 153 requires that certifications be renewed every sixty months (five years).
Guidance for Department Administrators
Departments and individual supervisors are responsible for determining whether their employees and/or volunteers must obtain background certifications.
Guidance on Employees
The university has developed Pennsylvania Act 153 Guidance for Department Administrators [pdf] to assist you in determining whether Act 153 requires a particular employee to obtain background certifications.
Whether background certifications are required for a particular employee may change as the employee's role at the university changes. Department administrators should refer to the Guidance for Department Administrators as personnel move in and out of positions and when employees take on new roles or responsibilities.
The Guidance for Department Administrators focuses on the minimum legal requirements of Act 153. Nothing in the guidance prevents individual departments or programs from adopting stricter background certification requirements (e.g., for administrative convenience and/or risk management).
Guidance on Volunteers
How to Apply for Act 153 Background Certifications
Employees requiring Act 153 Background Certifications have two options: using CMU's Human Resources to coordinate the applications or completing a self-guided application process. Employees applying for certifications from out-of-state must follow special instructions.
Human Resources Coordinated Applications
Carnegie Mellon University Human Resources is available to assist employees in applying for Act 153 certifications. To apply for Act 153 certifications through HR, you should schedule an appointment with the university's Employment Background Check Coordinator. An HR staff member will walk you through the process of submitting applications for certifications, submitting fingerprints for the FBI check, and completing a Disclosure Statement and any other forms necessary for provisional employment.
Utilizing this service is recommended and will help ensure that applications for certifications are submitted correctly.
Carnegie Mellon University has business accounts set up with these certification sites and will pay for all three certification application fees when you complete the certification in person with HR.
Please note that the Pennsylvania Department of Human Services recently transitioned to a new fingerprinting service vendor. Carnegie Mellon is awaiting further guidance from the Department of Human Services and the vendor. As soon as we receive this guidance, we will notify our community about any changes to the Act 153 clearance process.
Employees may submit applications for Act 153 certifications directly to the Pennsylvania Department of Human Services by following the instructions at http://www.dhs.pa.gov/publications/findaform/childabusehistoryclearanceforms/index.htm.
In addition, view the step-by-step instructions:
- PA Child Abuse History Clearance Instructions [pdf]
- PA Access to Criminal History Instructions [pdf]
- FBI Criminal History Check Instructions [pdf]
You must submit the following documentation to Carnegie Mellon Human Resources:
- A signed copy of the Disclosure Statement in Support of Application for Provisional Employment [pdf]
- A printout of the Pennsylvania State Police Criminal Record Check Request Results (this information will be available online when completing the application)
- A printout of the completed online Pennsylvania Child Abuse History Clearance application and confirmation
- For the FBI Criminal Background Check Applicant Registration, "Step 3 — Registration Complete" form
After applying for certifications, you must submit the results to Human Resources. Some certification results will be mailed directly to you, and it is your responsibility to provide these results to Human Resources.
- Pennsylvania Criminal History Check through the Pennsylvania State Police — results are generally returned immediately upon application through the Internet
- Pennsylvania Child Abuse History Check through the Pennsylvania Department of Human Services — results are generally returned within a few minutes or a few days
- FBI Criminal Background Check — results are generally returned in 4 to 10 weeks
The results should be mailed or delivered to the university's Background Check Coordinator.
- If mailed, to Background Check Coordinator, Carnegie Mellon Human Resources, 5000 Forbes Ave., Pittsburgh, PA 15213.
- If hand-delivered, to Background Check Coordinator, Whitfield Hall 211.
For employees who opt to apply for certifications on their own, the university will provide reimbursement only to those employees who have a job-related need to work with minors as described above. Reimbursement will be made via the department business manager.
Special Instructions When Applying for Certifications from Out of State
The PA Child Abuse Clearance application and the PA Criminal History Clearance applications are submitted online. To apply for an FBI Criminal History Check, individuals must submit their fingerprints to an authorized vendor of the Pennsylvania State Police for forwarding to the FBI. Individuals who are located outside of Pennsylvania must submit their fingerprints using a paper fingerprint card.
To submit a fingerprint card:
- Find someone (local police jurisdiction or state police) who is able to take ink-based fingerprints and place them on FBI fingerprint cards. If you need fingerprint cards, you can download them from the FBI's website [pdf]. Important: The FBI needs two separate sets of ink print cards submitted before they will do a name search. If there are any issues with obtaining clear prints (e.g., medical condition that does not allow you to fully open your hands, worn fingerprints, etc.), you might be required to submit a second set of fingerprints. This is not always necessary, but if the first set is not clear and the FBI rejects them, this will add a significant delay if you did not have two sets completed initially. Please be sure to have two sets of fingerprints completed; mail them both and the second set will be held in case the FBI rejects the first set.
- Follow the FBI Criminal History Check Instructions [pdf] to complete the online registration process. Print out the final screen that confirms you have completed registration. The fee can be paid online with a credit card or you can submit a money order. Important: When you register online, you are going to enter your address. This address is used to not only assist in the search of a criminal record but also to mail the results letter. Be sure to enter an address where you can receive your results letter.
- Mail the completed cards, a copy of the registration receipt and a money order (if applicable) to:
6840 Carothers Parkway
Franklin, TN 37067
Existing Act 153 Certifications
Background certifications under Act 153 are valid for sixty months or five years. Individuals who have existing certifications obtained within the last five years may transfer those certifications in certain situations:
- From one employer to another employer
- From one employer to another volunteer program
- From one volunteer program to another volunteer program
By law, Act 153 certifications obtained for the purpose of volunteering at another institution may not be transferred for use as an employee.
In order to transfer your Act 153 certifications, you must swear or affirm in a Disclosure Statement in Support of Certification Transfer [pdf] that you are not disqualified from employment by committing one of the offenses listed on the "Disqualification from Employment" section or a similar offense under the laws of the United States or one of its territories, possessions, another state, the District of Columbia, the Commonwealth of Puerto Rico or a foreign nation.
For additional guidance on the Act 153 background certification requirements, please contact:
- Michelle Piekutowski, Associate Vice President for Human Resources and Chief Human Resources Officer, 412-268-5523;
- Dan Munsch, Assistant Vice President and Assistant General Counsel, 412-268-7367;
- Jessica Christopher, HR Recruiting Coordinator, 412-268-2408 (for questions pertaining to how to apply for certifications); or
- Judy Hallinen, Assistant Vice Provost for Educational Outreach and Director of the Leonard Gelfand Center, 412-268-1498 (for questions pertaining to volunteers)