Arizona Criminal Records – Arizona Judicial Branch

Arizona Employment Screening Laws in 2025

1. Fair Credit Reporting Act (FCRA)
The federal Fair Credit Reporting Act (FCRA) applies to Arizona employers using consumer reports (e.g., background checks, credit reports) for hiring. Key requirements include:
Authorization and Disclosure: Employers must obtain written consent from the applicant before conducting a background check. A standalone disclosure form, separate from the job application, must inform the applicant of the screening. The Gilberg v. Cal. Check Cashing Stores ruling (applicable to Arizona as part of the Ninth Circuit) mandates two standalone forms: one for FCRA compliance and another for state-specific disclosures.
Adverse Action Process: If an employer decides not to hire based on the background check:
Provide a pre-adverse action notice, including a copy of the report and a summary of FCRA rights.
Allow the applicant time to dispute inaccuracies.
Lookback Periods: Non-conviction criminal information (e.g., arrests without convictions) is limited to a seven-year lookback period, but convictions can be reported indefinitely.
Important: Send a final adverse action notice if the decision stands.

2. Title VII of the Civil Rights Act of 1964
Nondiscrimination: Title VII, enforced by the Equal Employment Opportunity Commission (EEOC), prohibits discrimination based on race, color, religion, sex, national origin, and other protected characteristics.
When using criminal history in hiring decisions, employers must:
Evaluate criminal records on an individual basis, considering the nature of the offense, its relevance to the job, and the time elapsed since the offense.
Avoid blanket policies excluding applicants with criminal records, as this may disproportionately impact protected groups (e.g., African Americans or Latinos), potentially leading to claims of disparate impact discrimination.
EEOC Guidance: Employers should ensure criminal history inquiries are job-related and consistent with business necessity.

3. Arizona Civil Rights Act
The Arizona Civil Rights Act mirrors federal protections, prohibiting discrimination in hiring based on race, color, religion, sex, age, disability, or national origin for employers with 15 or more employees.
Employers may ask about prior convictions but must include a statement that a conviction is not an automatic bar to employment. This ensures applicants are not unfairly excluded based on criminal history.
Documents revealing protected information (e.g., birth certificates) should not be requested before a conditional job offer.

4. Ban the Box Laws
State-Level: Arizona has no statewide “ban the box” law for private employers. However, Executive Order 2017-07 prohibits certain state agencies from inquiring about criminal history on job applications until after an initial interview, except for positions where state or federal law bars individuals with certain convictions.
Local Jurisdictions: Some Arizona localities have adopted fair hiring policies:
Glendale, Pima County, Tempe, and Tucson have banned the box for city job applications, delaying criminal history inquiries until after a conditional offer or interview.
Maricopa County delays background checks until after a conditional offer is accepted, with conviction data limited to the past seven years.
Private employers are not subject to these local rules but should be aware of them if contracting with public entities.