Arizona Background Check Laws

Arizona does not have a statewide 'ban the box' law that prohibits employers from asking about criminal history on initial job applications. However, some individual cities and counties within Arizona may have their own local ordinances. Employers should check local regulations for specific requirements.

Arizona law generally aligns with the federal FCRA regarding background checks. Employers must still comply with all FCRA requirements, such as obtaining written consent from applicants before conducting a background check and providing adverse action notices. Arizona does not impose additional state-specific requirements that significantly alter the FCRA's core provisions for private employers. However, employers should be aware of any local ordinances that might add restrictions.

Arizona law does not impose additional statewide limitations on the reporting of criminal records beyond those set forth by the federal FCRA. The FCRA generally prohibits reporting non-conviction records older than seven years and conviction records older than seven years for positions with an annual salary of less than $75,000. However, these limitations do not apply to conviction records for higher-paying positions or certain types of employment (e.g., those involving national security).

In Arizona, records that have been 'set aside' (the state's equivalent of expungement for certain offenses) or sealed generally should not be reported by consumer reporting agencies (CRAs) as part of a background check. Employers should treat such records as if they never occurred. Arizona Revised Statutes § 13-907 outlines the process for setting aside judgments of guilt. Employers should be cautious not to use information about set-aside convictions in hiring decisions.

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