You found a nanny you like. Before you hand over your house keys and trust someone with your kids, you want to know who they really are. So you do what anyone would do first: you Google them.
Here's the problem. A Google search isn't a background check. And if you run a real nanny background check yourself the wrong way, you can end up on the wrong side of a federal law called the Fair Credit Reporting Act (FCRA). This is a quick, plain-English guide to what a compliant check actually involves, what can legally show up on it, and how to stay protected.
Why a Google search isn't a background check
A Google search can tell you a lot, but it can't confirm you're even looking at the right person. Plenty of people share a name, and a criminal record that turns up for one "John Smith" may belong to a completely different one. Federal law requires professional screeners to follow "reasonable procedures to assure maximum possible accuracy" of their reports, which in practice means matching records to a person using a date of birth and a Social Security number trace, not just a name.
Free online checks also tend to be incomplete or out of date. There's also a catch most families miss: the moment you run a check yourself, you take on the legal responsibility for doing it correctly. A professional, FCRA-compliant screening service handles the identity matching, the legal steps, and the reporting rules for you.
What you have to do before you run a check
Before you run a background check on a nanny, federal law requires you to tell them in writing and get their written permission. This comes straight from the FCRA, and there are two parts:
- A clear, standalone written disclosure that you may run a background check. "Standalone" means it can't be buried inside a job application or a contract. It has to be its own document.
- The nanny's written authorization to run the check.
You can't quietly check someone's background. The FTC and EEOC spell this out in their joint guidance for employers.
What can legally show up on the report
Not everything in a person's past can legally appear on a background check, and the time limits are different from what most people assume. The FCRA sets limits on how far back a report can reach:
| Type of record | How far back it can be reported |
|---|---|
| Criminal convictions | No federal time limit* |
| Arrests that did not lead to a conviction | 7 years |
| Civil suits, civil judgments, evictions | 7 years, or the statute of limitations, whichever is longer |
| Bankruptcies | 10 years (from the order for relief) |
| Most negative credit history | 7 years |
This is the big one people get wrong. The popular "everything drops off after 7 years" rule is a myth for convictions: under federal law, a criminal conviction can be reported with no time limit. Several states (including California and New York) do cap convictions at 7 years, so the real answer depends on where you live. (These federal limits also lift entirely for jobs paying $75,000 or more a year, which rarely applies to a household role.)
A good screening service applies the correct windows automatically, so you don't accidentally see, or rely on, information you aren't legally allowed to use.
If you decide not to hire someone
If you reject a nanny because of something in their background check, the law requires a specific two-step process. It's called "adverse action," and skipping it is one of the most common and most expensive FCRA mistakes. The FTC's guidance for employers lays out both steps:
- Before you decide (the pre-adverse action notice). Give the nanny a copy of the background report and a copy of the document "A Summary of Your Rights Under the Fair Credit Reporting Act." This gives them a chance to review the report and dispute anything that's wrong, since records do sometimes contain errors.
- After you decide (the adverse action notice). Once you've made the final call, let them know, and include the screening company's name, address, and phone number, a note that the screening company didn't make the decision, and a reminder that they can dispute the information and get a free copy of the report.
"Most families I work with are surprised to learn that the law protects the nanny just as much as the family. Running a check the right way isn't red tape. It's what keeps a simple hiring decision from turning into a lawsuit."
Maggie Benson, President, Sure Check Background Screening
A quick note on fair hiring
As a family hiring one nanny, most federal anti-discrimination rules don't technically apply to you, but the principles are still worth following. The EEOC enforces federal anti-discrimination law (Title VII), and those rules only cover employers with 15 or more employees. A household hiring a single nanny falls well below that, so the EEOC generally won't have jurisdiction over you.
Two things are still worth keeping in mind. Many state and local fair-employment laws do reach household employers, and some apply to anyone with even one employee. And the underlying principle is simply good practice: base your decision on whether someone can safely and reliably do the job, not on race, religion, national origin, or other protected characteristics. If a criminal record comes up, think about how relevant it actually is to caring for your children.
After the background check, you're a household employer
A clean background check is the first step. The next one catches a lot of families off guard: the moment you hire a nanny and start paying them, the IRS treats you as a household employer. That means payroll, Social Security and Medicare taxes, a W-2 at year end, and a Schedule H filed with your tax return.
That's where NannyKeeper comes in. They handle the payroll and the tax paperwork for families with a nanny, so the part that comes after the hire is as straightforward as the screening that came before it.
See what you'll owe
Use our free calculator to estimate your nanny tax costs for 2026.
Frequently asked questions
Do I need my nanny's permission to run a background check?
Yes. Federal law requires a clear, standalone written disclosure and the nanny's written authorization before you run a check. You can't do it secretly.
How far back does a nanny background check go?
It depends on the record. Criminal convictions have no federal time limit, while arrests that didn't lead to a conviction drop off after 7 years. Bankruptcies can be reported for 10 years. Some states apply stricter limits, including a 7-year cap on convictions.
Is a free online search or a Google search enough?
No. A Google or free online search can't reliably confirm identity, often pulls incomplete or outdated information, and leaves you personally responsible for following the FCRA correctly. A professional, FCRA-compliant service handles all of that.
Can I really be sued over a background check?
Yes. If you run a check without permission, use information you're not allowed to use, or skip the adverse-action steps when rejecting someone, you can be held liable under the FCRA. Using a compliant service protects both you and the nanny.
Do EEOC rules apply to me as a family hiring one nanny?
Usually not at the federal level, since the EEOC's rules cover employers with 15 or more employees. But some state and local fair-employment laws do apply to household employers, and following the basic principle, judging people on their ability to do the job, is always smart.
About the author: Maggie Benson is the President of Sure Check Background Screening, an FCRA-compliant background screening company that helps families and agencies screen hires.