Iowa Background Check Laws

Iowa does not have a statewide ban-the-box law that applies to private or public employers. However, some individual municipalities or counties within Iowa may have their own ban-the-box ordinances. Employers should verify local regulations for specific jurisdictions where they operate.

Iowa law generally aligns with the federal FCRA regarding the use of consumer reports for employment purposes. Employers must still comply with all federal FCRA requirements, including obtaining written consent from the applicant before procuring a consumer report and providing pre-adverse and adverse action notices if information from the report leads to an adverse employment decision. Iowa does not impose additional state-specific disclosure or consent requirements beyond the FCRA.

Iowa law does not impose additional state-specific limitations on the reporting of criminal records beyond those set forth by the federal FCRA. The FCRA generally prohibits consumer reporting agencies from reporting non-conviction arrest records, civil suits, civil judgments, and paid tax liens that are more than seven years old. Bankruptcies can be reported for up to 10 years. There is no time limit for reporting criminal convictions, regardless of the FCRA's general 7-year rule for other adverse information, when the position's annual salary is $75,000 or more (42 U.S.C. § 1681c(b)). For positions earning less than $75,000, the 7-year rule may apply to convictions as well, though this is a point of legal interpretation.

Iowa law allows for the expungement or sealing of certain criminal records, particularly for dismissed charges, acquittals, or certain deferred judgments. Once a record is expunged or sealed, it should not be reported by consumer reporting agencies for employment purposes. Employers should treat expunged or sealed records as if they never occurred and should not consider them in employment decisions. Iowa Code § 907.9 outlines provisions for deferred judgments and expungement.