Utah Background Check Laws

Utah has a limited ban-the-box law that applies only to state and local government agencies. These agencies are generally prohibited from inquiring about an applicant's criminal history on an initial job application form. They may conduct a criminal background check after determining the applicant meets the minimum qualifications for the position and has been selected for an interview or a conditional offer of employment. This law does not apply to private employers.

Utah law does not significantly deviate from or add to the federal FCRA regarding the general process of obtaining and using consumer reports for employment purposes. Employers must still adhere to all FCRA requirements, including providing proper disclosures, obtaining written consent, and following adverse action procedures. However, Utah's specific rules regarding criminal record reporting and expungement can indirectly affect what information is permissible under FCRA's 'accuracy' and 'completeness' standards.

Utah generally follows the FCRA's seven-year reporting limitation for certain adverse information (e.g., arrests not leading to conviction, civil suits, paid tax liens) when the position's annual salary is less than $75,000. However, convictions can generally be reported indefinitely. For state and local government agencies, the ban-the-box law restricts the timing of criminal history inquiries, not necessarily the reporting timeframe once a check is conducted.

Under Utah law, an expunged or sealed record is generally treated as if it never occurred. Employers, including those conducting background checks, should not inquire about or consider expunged or sealed criminal records. Providing false information about an expunged record is not considered perjury. Employers who discover expunged records through a background check should disregard them, as using such information could lead to legal challenges. Utah Code Ann. § 77-40a-101 et seq. governs expungement procedures.