# 28 CFR § 97.11: Pre-employment screening

> Federal · Regulations · In force

URL: https://www.frixlaw.com/law-library/statutes/ecfr-28-97.11

## Section

- **Citation:** 28 CFR § 97.11
- **Heading:** Pre-employment screening
- **Jurisdiction:** Federal
- **Kind:** Regulations
- **Status:** In force
- **Text as of:** September 22, 2026
- **Source:** Publisher's official text
- **Location:** Title 28—Judicial Administration > CHAPTER I—DEPARTMENT OF JUSTICE > PART 97—STANDARDS FOR PRIVATE ENTITIES PROVIDING PRISONER OR DETAINEE SERVICES

## Text

Private prisoner transport companies must adopt pre-employment screening measures for all potential employees. The pre-employment screening measures must include a background check and a test for use of controlled substances. The failure of a potential employee to pass either screening measure will act as a bar to employment.
(a) Background checks must include:
(1) A fingerprint-based criminal background check that disqualifies persons with either a prior felony conviction or a State or Federal conviction for a misdemeanor crime of domestic violence as defined in 18 U.S.C. 921;
(2) A Credit Report check;
(3) A physical examination; and
(4) A personal interview.
(b) Testing for controlled substances. (1) Pre-employment testing for controlled substances must be in accordance with applicable State law.
(2) In the event that there is no applicable State law, pre-employment testing for controlled substances must be in accordance with the provisions of Department of Transportation regulations at 49 CFR 382.301 which will apply regardless of whether a private prisoner transport company is covered by Department of Transportation regulations.
(c) The criminal background check references in paragraph (a)(1) of this section may not be submitted directly to the FBI or any other Federal agency. The private prisoner transport companies must arrange the procedures for accomplishing the criminal background checks with their contracting governmental agencies. In the event that the private prisoner transport company is contracting with a privately run incarceration facility, and not directly with a governmental entity, the private prisoner transport company will have to make arrangements through the private incarceration facility to have the checks completed by the governmental entity ultimately requesting the transport.

## Nearby sections

- [28 CFR § 1.8 § 1.8 Notification of denial of clemency.](https://www.frixlaw.com/law-library/statutes/ecfr-28-1.8.md)
- [28 CFR § 3.3 § 3.3 Registration.](https://www.frixlaw.com/law-library/statutes/ecfr-28-3.3.md)
- [28 CFR § 3.4 § 3.4 Registration to be made by letter.](https://www.frixlaw.com/law-library/statutes/ecfr-28-3.4.md)
- [28 CFR § 3.5 § 3.5 Forfeiture of gambling devices.](https://www.frixlaw.com/law-library/statutes/ecfr-28-3.5.md)
- [28 CFR § 4.3 § 4.3 Contents of application.](https://www.frixlaw.com/law-library/statutes/ecfr-28-4.3.md)
- [28 CFR § 4.5 § 4.5 Character endorsements.](https://www.frixlaw.com/law-library/statutes/ecfr-28-4.5.md)
- [28 CFR § 4.6 § 4.6 Institution of proceedings.](https://www.frixlaw.com/law-library/statutes/ecfr-28-4.6.md)
- [28 CFR § 4.9 § 4.9 Representation.](https://www.frixlaw.com/law-library/statutes/ecfr-28-4.9.md)
- [28 CFR § 4.10 § 4.10 Waiver of oral hearing.](https://www.frixlaw.com/law-library/statutes/ecfr-28-4.10.md)
- [28 CFR § 5.1 § 5.1 Administration and enforcement of the Act.](https://www.frixlaw.com/law-library/statutes/ecfr-28-5.1.md)
- [28 CFR § 5.5 § 5.5 Registration fees.](https://www.frixlaw.com/law-library/statutes/ecfr-28-5.5.md)
- [28 CFR § 5.203 § 5.203 Supplemental statement.](https://www.frixlaw.com/law-library/statutes/ecfr-28-5.203.md)
- [28 CFR § 5.209 § 5.209 Information relating to employees.](https://www.frixlaw.com/law-library/statutes/ecfr-28-5.209.md)
- [28 CFR § 5.300 § 5.300 Burden of establishing availability of exemption.](https://www.frixlaw.com/law-library/statutes/ecfr-28-5.300.md)

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Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/ecfr-28-97.11. Check the current official text before relying on it. Not legal advice.