Background Check State Law

Alabama

Alabama doesn’t have a law on employment background checks. It does have the Alabama Redeemer Act, which allows people who have certain misdemeanor or felony convictions on their records can now petition the court to have their records expunged. Expunged records may not be used for employment decisions and cannot be reported by Credit Reporting Agencies. Applicants who have received expungements can legally deny the existence of their conviction.

Alaska

Alaska does not have a law on employment background checks. 

Arizona

In the public sector, employers are prohibited from inquiring about an applicant’s criminal history until after an initial interview has been conducted.

Arkansas

Arkansas has no laws or regulations on background checks and employment. Arkansas does have a law regarding expunged cirminal records. A candidate with a sealed or expunged criminal record doesn’t have to disclose that information to the employer. If asked on an application or during an interview, candidates can legally say they have not been convicted of a crime. However, employers in some industries, including law enforcement, childcare, and nursing homes, may be able to see sealed records. See law for more information.

California

The Fair Chance Act generally prohibits employers with five or more employees from asking a job candidate about conviction history before making a job offer, among other requirements. This type of law is also known as a “Ban the Box” law. See workplacefairness.org for more information on the law.

In 2023, the California Civil Rights Council issued new regulations that expand coverage of the Fair Chance Act. The revised regulations expand the existing law’s coverage by clarifying that the law applies not just to applicants and current employees seeking another position within the company, but also to employees whose backgrounds are checked in connection with a change in control of the company or a change in the employer’s policies or practices. The new regulations also expressly indicate that employers may not consider criminal offense information received directly from applicants or employees prior to a conditional offer. Finally, under the new regulations, employers are prohibited from advertising or including in any recruiting materials that they will not consider applicants with criminal histories. 

Employers cannot require applicants to pay for employment drug screening.

Credit checks: Employers can only use credit reports to make employment decisions if the position in question is:

a managerial position;a position in the state Department of Justice;that of a sworn peace officer or other law enforcement position;a position for which the information contained in the report is required by law to be disclosed or obtained;one in which the applicant will work regularly with individuals’ sensitive personal information;one in which the applicant will have fiduciary responsibilities on behalf of the employer or business;a position that involves access to confidential or proprietary information; ora position that involves regular access to cash totaling $10,000 or more.

Before employers can run a credit report on an applicant, they must inform the applicant that the report may affect the employment decision, reveal the maker of the report, and offer to provide the applicant with a copy of the credit report.

Criminal history

Public and private employers are prohibited from asking applicants about, or making employment decisions based on, information concerning an arrest or detention that did not result in conviction, or information concerning a referral to, and participation in, any pretrial or posttrial diversion program, or concerning a conviction that has been judicially dismissed or ordered sealed.7-year rule arrests, indictments, misdemeanor complaints, and convictions of crimes older than seven years cannot be reported.Misdemeanor marijuana convictions more than two years old cannot be reported.Public sector employers are prohibited from inquiring about an applicant’s criminal history until after the applicant has been deemed qualified to meet the minimum requirements for the position.

Colorado

Credit History

Under the Colorado Equal Employment Opportunity law, employers that have more than four employees generally are not allowed to check a candidate’s credit history. There are, however, some exceptions, such as when a credit check is required by law or if the candidate’s credit information is “substantially related” to the job. See the Colorado website for more information. 

Criminal Records

House Bill 12-1263 prohibits state agencies in Colorado from stating anything in a job posting with regard to people with criminal records not being able to apply. These employers are also prohibited from conducting a background check unless the candidate is a finalist for the job or has received a conditional employment offer.

Employers that fall under this law also cannot make a decision to make or withdraw a job offer based on a criminal conviction unless the employer determines the candidate should be disqualified after considering the nature of the conviction; the job duties as they relate to the conviction; how much time has passed since the conviction; and any rehabilitation efforts and good behavior since the conviction.

This law also does not allow applicable employers to withdraw their employment offer or not offer a job because of an arrest or non-conviction. See the law for more information.

Under the Clean Slate law court records for non-violent crimes are automatically sealed in certain situations. Civil misdemeanors are limited to 4 years after the final disposition for civil infractions, criminal misdemeanors are limited to 7 years, and and 10 years  for felonies after the final disposition or release from jail. See the law for more information.

It’s important to note that the Fair Credit Reporting Act may preempt this Colorado’s law, and the Fair Credit Reporting Act allows reporting of criminal convictions indefinitely. 

The Fair Chance Law applies to all Colorado employers; employers are allowed to access a candidate’s publicly available criminal background reports at any time during the hiring process. The law, however, prohibits certain activities, including:

An employer may be excluded from following this law if the role requires a criminal background check by law or regulation. Also, if the job is part of hiring programs that encourage employers to hire people with criminal histories, the employer could be exempt. See the law for more information.

Colorado has a Ban-the-Box law that prohibits employer from requiring an applicant to provide information on sealed records. See workplacefairness.org for more information.

Connecticut

Connecticut has multiple laws that govern pre-employment background checks that are conducted by Credit Reporting Agencies (CRAs) and how employers can use the information they might receive.

Under Conn. Gen. Stat. § 54-142(e), consumer reporting agencies that receive criminal history information about applicants have a duty to check with the state’s department of justice to see if any of the records have been erased before disclosing them. They cannot report criminal record information for offenses that have been erased and must make certain that the information they have is current.

Under Conn. Gen. Stat. § 31-51i, CRAs that will issue reports containing criminal record information about an applicant must notify the applicant that it is issuing a report that includes criminal record information with the name and address of the employer that will receive it. They must also have procedures in place to ensure that the information is up-to-date and accurate.

Under Conn. Gen. Stat. § 42-471, CRAs have a duty to safeguard personal data, including Social Security numbers, documents, and computer files containing sensitive information. The data must be made unreadable before it is disposed.

Under Conn. Gen. Stat. § 54-142a, people who have sought and received an order of erasure are allowed to state that they have not been convicted of any criminal offense. Employers are not allowed to inquire about any erased, expunged, or pardoned records, and CRAs are not allowed to disclose them.

Employers also have multiple laws they must follow. Under Conn. Gen. Stat. § 31-51i, employers are prohibited some asking about erased records. They also may not inquire about an applicant’s arrest or criminal history information at the application stage but may inquire during an interview.

Under Conn. Gen. Stat. § 46a-80, employers must presume that an applicant who presents a certificate of rehabilitation or a provisional pardon has been rehabilitated. If the employer decides against hiring the person, the employer must provide detailed reasons why in writing to the applicant.

Under Conn. Gen. Stat. § 31-35i, employers are prohibited from denying an applicant based solely on erased records or those for which the applicant has received a provisional pardon or certificate of rehabilitation.

Under 2018 Public Act No. 18-8, employers are prohibited from asking about salary history information from their applicants. However, employers may not prohibit employees from discussing their wages amongst themselves.

Under 2018 Public Act No. 11-233, most employers are prohibited from considering the credit scores or histories of applicants when making hiring decisions. However, an exception exists when the employer is a financial institution or when it substantially relates to the position.

Delaware

Salary History

Under 19 Del. Code §709B, employers are prohibited from asking applicants about their salary histories and cannot ask former employers to reveal that information. If an employer violates this law, it can face a penalty ranging from $1,000 to $5,000 for a first offense or from $5,000 to $10,000 for a subsequent violation.

Ban-the-Box

 HB 167 House Bill 167 prohibits public employers from asking about applicants’ criminal histories on their applications and may not inquire about them until after they have had an opportunity to interview. This law does not apply to the Department of Corrections or state, local, or municipal police agencies.

House Bill  167 also places time restrictions on the use of convictions by public employers. Covered public employers may not use criminal convictions in making hiring decisions for otherwise qualified applicants for felonies that are older than 10 years or misdemeanors that are older than five years.

Expunged Records

Under 11 Del. Code § 4372, applicants do not have to disclose convictions or arrests that have been expunged from their criminal records. Employers may not request information about expunged records, and CRAs will not report information about them.

District of Columbia

Criminal Records

The Fair Criminal Records Act prohibits employers from inquiring about an applicant’s criminal history until after they have made conditional employment offers. The act does not apply to federal employers operating in D.C. Covered employers include private companies with 11 or more employees.

Under D.C. Code § 2–1402.66, employers may obtain an applicant’s arrest record, including criminal convictions, from the D.C. Metropolitan Police Department with the applicant’s notarized and signed consent.

However, there is a 10-year lookback period for convictions. The report will not include information about convictions for which the sentence was completed more than 10 years before the date of the background check.

Mandatory Background Checks

Some healthcare workers, child care workers, and Department of Corrections Workers have mandatory background check requirements.

Florida

No laws or regulations on background checks and employment.

Georgia

Public sector employers are prohibited from inquiring about an applicant’s criminal history until after the initial employment application.

If any employer (including private sector employers) decides to not hire an applicant based on his or her criminal history (discovered through the Georgia Crime Information Center), the employer must inform the applicant about how they obtained the criminal record information, the contents of the record, and the effect that the record had on the employer’s ultimate decision.

Hawaii

All employers are prohibited from inquiring about an applicant’s criminal history until after a conditional employment offer has been made. Even then, an applicant’s criminal records can only be used to make employment decisions if the records are reasonably linked to the job. The exceptions to this rule are employers authorized by law to review applicants’ credit information, managerial or supervisory positions, and positions at federally insured financial institutions.

Idaho

No laws or regulations on background checks and employment.

Illinois

Employers are prohibited from requesting or using an applicant’s credit history when making employment decisions unless an occupational requirement is established.

Private employers are prohibited from inquiring about an applicant’s criminal history until after the applicant has either been selected for an interview or been given a conditional employment offer.

Employers are prohibited from making employment decisions based on an arrest not leading to conviction or on a criminal record that has been expunged, sealed, or impounded. 

Indiana

In the public sector, employers are prohibited from inquiring about an applicant’s criminal history on a job application for executive branch positions. However, this does not apply in cases where a conviction of a particular crime would preclude that person from employment in that specific job. Background checks may be conducted at a later point in the hiring process.

Iowa

Iowa state law preempts the City of Waterloo’s restriction on employers’ use of applicants’ criminal record history when making hiring decisions.

Kansas

According to state regulations of consumer reporting agencies, unless an applicant is applying for a position with an annual salary of $20,000 or more, background checks may not include criminal information that is more than seven years old.

In the public sector, employers are prohibited from inquiring about an applicant’s criminal history on a job application for executive branch positions. However, this does not apply in cases where a conviction of a particular crime would preclude that person from employment in that specific job. Criminal background checks may be conducted as a condition of employment. 

Kentucky

According to state regulations, consumer reporting agencies may not maintain any information about criminal charges unless the charge has resulted in a conviction.

In the public sector, employers within the executive branch are prohibited from inquiring about an applicant’s criminal history before contacting the applicant to offer an interview for the position.

Louisiana

In the public sector, employers are prohibited from inquiring about an applicant’s criminal history until after the applicant has either been given the opportunity for an interview or been given a conditional employment offer. This applies to hiring for “unclassified” positions.

Louisiana prohibits discrimination in employment based on criminal history records and that provides criteria for employers making hiring decisions in conjunction with criminal history records.

Maine

Employers in Maine are prohibited from including criminal history inquiries in a job application, but they can engage in such inquiries during an interview or once the employer has determined that the applicant is otherwise qualified for the position. See the law for more information.

Maryland

According to the the Job Applicant Fairness Act, employers may only consider an applicant’s credit history if it will not be used in determining whether to deny employment to the applicant or to determine compensation or the terms of employment. Employers must have a bona fide purpose for requesting a credit report. Credit report requests can only be made once an applicant has received an offer of employment and been notified of the reasons request.

Consumer reporting agencies are prohibited from reporting on criminal record information that is older than seven years (with a few exceptions).

In the public sector, employers are prohibited from inquiring about an applicant’s criminal history until after the applicant has been interviewed.

In the private sector, employers with 15 or more employees are prohibited from requiring applicants to disclose whether they have a criminal record before the initial interview.

Massachusetts

Consumer reporting agencies are prohibited from reporting on criminal record information that is older than seven years and bankruptcies with judgment dates that are more than 14 years old (with a few exceptions).

If an employer decides to deny employment based on information found in an applicant’s credit history, the employer is required to notify the applicant in writing within 10 days of the decision.

Employers are prohibited from inquiring about an applicant’s criminal history on job applications. Employers are prohibited from requiring applicants to disclose information about sealed or expunged criminal records. However, this does not apply in cases where a conviction of a particular crime would preclude that person from employment in that specific job. Employers are required to identify to the applicant the specific information in the report that is the basis for any potential adverse action.

Michigan

In the public sector, employers are prohibited from inquiring about an applicant’s criminal history on a job application or posting. Criminal records may be considered later on during the interview stage of the hiring process.

All employers are prohibited from maintaining information about applicants’ misdemeanor arrests, detentions, or dispositions that did not result in convictions. Consumer reporting agencies may still report on felony charges even if they have not yet resulted in conviction or dismissal.

Minnesota

Employers are required to provide applicants written notice before ordering a background check. They must also provide a box on the notice for the applicant to check off if they want to receive a copy of the report. If an applicant checks this box requesting a copy of the report, the consumer reporting agency must send a copy to the applicant free of charge within 24 hours. Additionally, employers are prohibited from requiring an applicant to pay for a background check.

Employers are prohibited from inquiring about an applicant’s criminal history until after the applicant has either been given the opportunity for an interview or been given a conditional employment offer. Employers are prohibited from disqualifying applicants based on his or her criminal history unless a conviction is directly related to the employment position. Additionally, when evaluating applicants, employers may not consider records of arrest not followed by valid conviction, annulled or expunged convictions, and misdemeanor convictions with no jail sentence. 

Mississippi

Mississippi has no laws or regulations on background checks and employment.

Missouri

In the public sector, employers are prohibited from inquiring about an applicant’s criminal history on a job application for executive branch positions. However, this does not apply in cases where a conviction of a particular crime would preclude that person from employment in that specific job. Criminal background checks may be conducted as a condition of employment.

Montana

Consumer reporting agencies are prohibited from including criminal history that is more than seven years old and bankruptcy history that is more than 14 years old when producing background checks for employers.

Nebraska

In the public sector, employers are prohibited from inquiring about an applicant’s criminal history until after the applicant has been deemed qualified to meet the minimum requirements for the position. Exemptions from the law include law enforcement positions, school districts for certain information, and any other positions with mandated background check requirements.

Nevada

Employers are prohibited from disqualifying an applicant who does not consent to a credit report as a condition of employment. Employers may consider an applicant’s credit report if the employer is mandated or authorized by law, has reason to believe that the applicant is engaged in illegal activity, or believes that the report is significantly related to the job.

In the public sector, employers are prohibited from considering an applicant’s criminal history until after the final in-person interview or a conditional offer of employment has been made. Exemptions from the law include applicants for employment as a peace officer or firefighter, and any position with access to the Nevada Criminal Justice Information System or the National Crime Information Center.

New Hampshire

Consumer reporting agencies are prohibited from including information that is older than seven years when producing background checks for employers. Exemptions from the law include transactions involving $50,000 or more, life insurance policies of $50,000 or more, and cases in which the employment position has an annual salary of $20,000 or more.

New Jersey

Employers who have at least 15 employees are prohibited from inquiring about an applicant’s criminal history until after the first interview. Additionally, employers are prohibited from considering expunged or pardoned convictions when making employment decisions.

New Mexico

Consumer reporting agencies are prohibited from including an applicant’s bankruptcy history that is more than 14 years old and any arrests or indictments that did not lead to a conviction or were pardoned when producing background checks for employers. Any other information that is older than seven years should not be included.

In the public sector, employers are prohibited from inquiring about an applicant’s criminal history before the applicant has been named a finalist. Additionally, employers may not consider arrests that did not result in a conviction and misdemeanor convictions that did not involve moral turpitude.

In the private sector, employers are prohibited from inquiring about an applicant’s criminal history until after review of the application and a discussion of employment with the applicant.

New York

Consumer reporting agencies are prohibited from including criminal history information that is older than seven years and bankruptcy information that is older than 14 years when producing background checks for employers. Exemptions from the law include transactions involving $50,000 or more, life insurance policies of $50,000 or more, and cases in which the employment position has an annual salary of $25,000 or more.

Most employers in New York City are prohibited from inquiring about an applicant’s criminal history until after an interview has been conducted. Employers are also prohibited from rejecting job applicants, terminating or disciplining employees, or taking other adverse action based on the person’s criminal history unless there is a direct relationship between the alleged or convicted crime and the job or employing the person poses an unreasonable risk to people or property. Employers are required to make that determination based on specific factors set forth in the law and must provide the applicant or employee with a copy of their written analysis, a copy of the criminal background check, and an opportunity to respond.

If an applicant who has a criminal record is denied employment and requests an explanation, the employer is required to provide a written statement explaining the reasons for the denial within 30 days.

North Carolina

North Carolina has no laws or regulations on background checks and employment.

North Dakota

In the public sector, employers are prohibited from inquiring about an applicant’s criminal history before the applicant has been selected for an interview. Exemptions from the law include the Department of Corrections and Rehabilitation and any employers required by law to check the criminal history of applicants.

Ohio

In the public sector, employers are prohibited from inquiring about an applicant’s criminal history on initial applications for employment. Additionally, employers should not base employment decisions on an applicant’s previous felony conviction.

Oklahoma

Before requesting a consumer report, employers are required to provide written notice to the applicant. Additionally, employers must include a box on this notice for the applicant to check off if they want to receive a copy of the report. If an applicant checks this box requesting a copy of the report, the consumer reporting agency must send a copy to the applicant free of charge.

In the public sector, employers are prohibited from inquiring about an applicant’s criminal history on applications for jobs in state agencies. Exemptions from the law include sensitive government positions and positions for which a felony conviction would legally disqualify an applicant.

Oregon

Employers are prohibited from considering an applicant’s credit history when making employment decisions (with specified exceptions).

All employers are prohibited from inquiring about an applicant’s criminal history until after an initial interview has been conducted. Exemptions from the law include law enforcement, criminal justice positions, volunteers, and any other positions for which a felony conviction would legally disqualify an applicant.

Pennsylvania

Employers are prohibited from considering an applicant’s criminal history unless there is a direct relationship between the applicant’s previous criminal offenses and the specific employment position. Employers are also required to provide written notice to an applicant who has been denied employment for reasons related to criminal history.

In the public sector, employers are prohibited from inquiring about an applicant’s criminal history on the job application for non-civil service positions.

Rhode Island

All public sector employers and all private sector employers who have at least four employees are prohibited from inquiring about an applicant’s criminal history before the first interview. Exceptions from the law include positions from which an applicant with previous convictions would be automatically disqualified by law.

South Carolina

South Carolina has no laws or regulations on background checks and employment.

South Dakota

South Dakota has no laws or regulations on background checks and employment.

Tennessee

In the public sector, employers are prohibited from inquiring about an applicant’s criminal history on initial applications for jobs in state agencies. If employers are announcing an employment position that is a covered position (a position from which an applicant with previous convictions would be automatically disqualified by law), the job announcement must include a statement disclosing that the position requires a criminal background check.

Texas

Texas has no laws or regulations on background checks and employment.

Utah

In the public sector, employers are prohibited from inquiring about an applicant’s criminal history before the applicant’s initial interview or, if no interview is conducted, before the applicant has been given a conditional employment offer. Exceptions from the law include positions that require by law consideration of an applicant’s criminal history, law enforcement positions, criminal justice positions, tax commission positions, alcoholic beverage control positions, and positions that involve working with children or vulnerable adults and nonemployee volunteers.

Vermont

Employers are prohibited from disqualifying an applicant based on the applicant’s credit history. Employers cannot request a credit report for a job applicant unless it is required by law, or the position is a first responder, requires financial fiduciary duty, involves access to payroll information, or if the credit history information is a valid predictor of employee performance. Even if an employer can legally request a credit report, they are not permitted to use that information as the sole factor in employment decisions.

Employers are prohibited from inquiring about an applicant’s criminal history until an interview or once the applicant has been deemed otherwise qualified for the position. Employers may only inquire about an applicant’s criminal history on initial job applicants if it is for a position from which an applicant with previous convictions would be automatically disqualified by law.

Virginia

In the public sector, employers are prohibited from inquiring about an applicant’s criminal history on initial applications for state employment. Employers may only inquire about an applicant’s criminal history once the applicant has been deemed otherwise eligible and is being considered for the position. Employment decisions may not be based on an applicant’s criminal history unless it is demonstrably job-related and consistent with business necessity, or if it is a position from which an applicant with previous convictions would be automatically disqualified by law.

Washington

Employers are prohibited from inquiring about an applicant’s credit history unless it is required by law or if the credit history information is substantially related to the job. In these cases, the reason for obtaining the applicant’s credit information must be disclosed in writing to the applicant.

Consumer reporting agencies are prohibited from including information that is older than seven years when producing background checks for employers. Exemptions from the law include transactions involving $50,000 or more, life insurance policies of $50,000 or more, and cases in which the employment position has an annual salary of $20,000 or more.

All employers are prohibited from inquiring about an applicant’s criminal history until it has been determined that the applicant meets the basic criteria for the position and is deemed otherwise qualified.

West Virginia

West Virginia has no laws or regulations on background checks and employment.

Wisconsin

In the public sector, employers for the state are prohibited from inquiring about an applicant’s criminal history until after the applicant has been certified for the position. Exemptions from the law include positions from which a certain conviction record would automatically disqualify applicants.

Wyoming

Wyoming has no laws or regulations on background checks and employment.