Rhode Island Background Check Laws

Rhode Island's 'ban-the-box' law, R.I. Gen. Laws § 28-5-7(7), prohibits public employers from inquiring about an applicant's criminal history on an initial employment application form. Criminal history inquiries can only be made after the applicant has been determined otherwise qualified for the position and has been interviewed, or conditionally offered employment. This law applies to state, city, and town agencies, departments, and instrumentalities.

Rhode Island law does not significantly vary from or add to the federal FCRA regarding consumer report procurement and use, but it does impose additional restrictions on the use of criminal records for public employers through its ban-the-box law. Employers must still comply with all federal FCRA requirements, including providing proper disclosures and obtaining authorization before conducting background checks, and following adverse action procedures.

Effective January 1, 2023, Rhode Island law (R.I. Gen. Laws § 28-6-22) prohibits employers from inquiring about a prospective employee's wage or salary history, or seeking such information from a current or former employer. Employers are also prohibited from relying on wage or salary history in determining wages for a prospective employee. Employers may, however, engage in discussions with a prospective employee about their expectations for wages, benefits, and other compensation. An applicant may voluntarily disclose their wage history, and an employer may confirm such information if voluntarily provided.

While the federal FCRA generally limits the reporting of non-conviction arrests, civil suits, and other adverse information to seven years, Rhode Island law does not impose additional, stricter reporting limitations on background check providers for private employers beyond what the FCRA already dictates. However, the ban-the-box law for public employers effectively limits when criminal history information can be considered.

In Rhode Island, if a criminal record has been expunged or sealed by court order, it should not appear on a background check. Employers are generally prohibited from inquiring about or considering expunged or sealed records. Using such information could lead to legal challenges. Employers should ensure their background check providers are aware of and comply with these limitations.