Arizona Background Check Laws You Should Know
Arizona combines federal protections with its own rules about criminal records, set-aside judgments, and, more recently, record sealing. Understanding these laws helps you know what should and should not appear in a background check.
Federal Laws That Affect Arizona Background Checks
Fair Credit Reporting Act (FCRA)
The FCRA is the main federal law that regulates background checks for employment and other purposes. It requires:
- Clear written disclosure and your written consent before a background check
- A "pre-adverse action" notice and copy of the report if an employer may take negative action based on the report
- A final adverse action notice if they decide not to hire or promote you because of the report
- The right to dispute incomplete or inaccurate information
Title VII of the Civil Rights Act
Title VII prohibits discrimination based on race, color, religion, sex, or national origin. The Equal Employment Opportunity Commission (EEOC) has issued guidance explaining that employers should evaluate criminal records individually, considering the nature of the offense, the time passed, and its relevance to the job.
Fair Chance to Compete for Jobs Act (Federal "Ban the Box")
For federal agencies and certain federal contractors, this law delays criminal history inquiries until after a conditional job offer has been made.
Key Arizona Background Check Considerations
Arizona Department of Public Safety Criminal History Records
The Arizona Department of Public Safety (DPS) maintains the state's central repository of criminal history records. Individuals can request a criminal history record review to see and, if appropriate, challenge the information on file. Employers and licensing agencies may have separate procedures to request background checks for official purposes.
Set-Aside Judgments and Record Sealing
Arizona law allows many people with criminal convictions to apply to have their judgments of guilt "set aside." A set-aside does not erase the conviction but can update the record to show that the judgment has been set aside and civil rights may have been restored. In addition, newer Arizona statutes allow certain criminal records to be sealed if strict eligibility criteria are met. Sealed records generally are not available for most background checks, though there are exceptions for law enforcement and some licensing agencies.
Ban-the-Box and Fair-Chance Practices
Arizona does not have a broad statewide Ban-the-Box law covering all private employers, but some public employers and specific programs may delay criminal history questions until later in the hiring process. Regardless, employers remain subject to federal FCRA and anti-discrimination rules when using criminal records in hiring.
Industry and Role-Specific Requirements
Some Arizona jobs—especially those involving vulnerable populations, healthcare, education, transportation, or security-sensitive roles—have additional background check requirements under state or federal law. These may involve fingerprint-based checks, FBI databases, or participation in centralized background check programs.
Important: Background check laws change over time and can vary by city or county. Always verify current requirements in Arizona and consult legal counsel if you need advice about a specific situation.