Idaho Background Check Laws

No ban-the-box law. Idaho does not have a statewide 'ban-the-box' law that restricts when employers can inquire about an applicant's criminal history.

Idaho law does not significantly differ from or add to the federal FCRA regarding general background check procedures for employment. Employers must primarily adhere to the FCRA's requirements for disclosure, authorization, adverse action, and permissible purpose when using consumer reports for employment decisions. This includes providing a clear and conspicuous disclosure that a background check may be conducted and obtaining written authorization from the applicant before procuring a report.

Idaho does not have specific state laws that impose additional reporting limitations on criminal records beyond those stipulated by the federal FCRA. Under the FCRA, non-conviction information (arrests not leading to conviction) generally cannot be reported after seven years. Conviction information can typically be reported indefinitely, though some states have stricter limits. For employment purposes, the FCRA's seven-year reporting limit for adverse information (e.g., civil suits, judgments, paid tax liens, accounts placed for collection, records of arrest) does not apply to positions with an annual salary of $75,000 or more.

In Idaho, if a criminal record has been expunged or sealed by court order, it should not be reported on a background check. Employers should treat expunged or sealed records as if they never occurred. However, the process for expungement in Idaho is generally limited to specific circumstances, such as juvenile records or certain misdemeanor convictions after a waiting period and fulfillment of conditions. Employers should be aware that if a record is legally expunged, it is illegal for a consumer reporting agency to report it.