Understanding Utah Background Screening Laws
Utah’s approach to employment background checks is multifaceted, balancing an employer’s right to a safe workplace with an individual’s opportunity for rehabilitation and fair consideration for employment. The primary legal framework is found in the Utah Employment Selection Procedures Act and the rules established by the Utah State Legislature
Moreover, employers must always adhere to the federal Fair Credit Reporting Act (FCRA), which governs the use of consumer reports, including criminal background checks obtained through third-party screening companies. This federal law mandates specific notice and consent requirements, as well as a process for taking adverse action against an applicant based on the contents of a background check.
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How Many Years Back Can You Use Criminal Offenses to Decline an Applicant?
A critical question for Utah employers is how far back they can look into an applicant’s criminal history when making hiring decisions. There isn’t a single, straightforward answer, as the permissible lookback period often depends on the nature of the crime and recent legislative changes aimed at facilitating a fresh start for individuals with past convictions.
Generally, under the FCRA, non-conviction information more than seven years old cannot be reported. However, Utah’s own laws, particularly the “Clean Slate” initiative, have a significant impact. This law provides for the automatic expungement of certain criminal records after a specified period of time has passed without further offenses. Once a record is expunged, it is as if the event never occurred, and employers are prohibited from considering it.
The automatic expungement timelines are as follows:
- Infractions: After five years
- Class C Misdemeanors: After five years
- Class B Misdemeanors: After six years
- Misdemeanor Drug Possession: After seven years
- Certain Felonies: May be eligible for expungement after a longer waiting period and upon petition to the court.
Notably, serious offenses like violent felonies, or sex offenses are not eligible for automatic expungement. Employers must also consider the Equal Employment Opportunity Commission (EEOC) guidelines, which recommend assessing the conviction’s relevance to the job and evidence of rehabilitation before declining an applicant.
Therefore, if a conviction has been automatically expunged under Utah’s Clean Slate law, it should not appear on a background check, and consequently, cannot be used to decline an applicant. For convictions that are not expunged, employers should conduct an individualized assessment to determine the relevance of the offense to the specific job duties.
Utah’s Ban-the-Box Laws
Utah’s ban-the-box law, enacted in 2017 under House Bill 156, applies to public sector employers. Here’s what it entails:
- Delayed Inquiries: Public employers cannot ask about criminal history until after an initial interview. If no interview occurs, inquiries must wait until a conditional job offer is made.
- Exceptions: Exceptions exist for sensitive roles, such as law enforcement, childcare, or positions involving vulnerable adults.
- Private Employers: Currently, no statewide ban-the-box law applies to private employers, though local jurisdictions may impose additional restrictions.
These rules aim to give individuals with criminal records a fair chance at employment. Meanwhile, employers must ensure compliance to avoid legal risks.
It is important to note that as of 2025, there is no statewide “ban-the-box” law that applies to private employers in Utah. Similarly, major municipalities like Salt Lake City and Summit County have not passed their own ordinances extending these restrictions to the private sector. However, adopting the principles of “ban-the-box” as a best practice can help private employers avoid potential discrimination claims and broaden their talent pool.
Utah Employment Screening
- SSN Trace, Names, Aliases & Address history
- Nationwide Criminal Database Search based on user input
- National Sex Offenders based on user input
- USA/SDN/OFAC Patriot Act databases based on user input
- Federal USDC Criminal Search based on user input
- (1) County Court Criminal Search based on user input
- 24 Hours turnaround or less
Summary
Utah’s employment background screening laws in 2025 require employers to be mindful of several key factors.
- The state’s “ban-the-box” law applies only to public sector employers.
- The lookback period for criminal offenses is significantly influenced by Utah’s progressive “Clean Slate” law, which automatically expunge many non-violent offenses after a set period.
- Furthermore, a temporary law offers limited immunity from negligent hiring claims to encourage the employment of individuals with criminal records in specific industries.
- All employers must also comply with the federal FCRA.
Case Law and Litigation Insights
While there is a scarcity of recent, high-profile Utah court cases that directly address wrongful termination or hiring discrimination based on a criminal background check, the existing legal landscape offers some insights. Utah is an “at-will” employment state, meaning either the employer or the employee can terminate the employment relationship at any time, for any reason, as long as it’s not an illegal reason (such as discrimination based on a protected class).
Public policy exceptions to the at-will doctrine exist, but they are narrowly construed by Utah courts. A wrongful termination claim based on the use of a criminal record would likely need to be tied to a violation of a clear and substantial public policy.
A recent and noteworthy development is a 2022 law that provides limited immunity from negligent hiring lawsuits for employers in certain industries who hire individuals with a criminal record. This law, effective through July 1, 2025, is intended to encourage the hiring of formerly convicted individuals by reducing employer liability. The protected industries include:
- Automotive repair and maintenance
- Construction
- Culinary arts
- Manufacturing
- Oil, gas, or mining
- Retail
- Transportation and logistics
This immunity, however, does not protect against gross negligence or willful misconduct.
Due to the complexities of employment litigation and the fact that many disputes are settled out of court, there is a limited public record of detailed case summaries on this specific issue in Utah. Employers are advised to consult with legal counsel to understand how current laws and legal precedents apply to their specific hiring practices.
Hiring and firing decisions based on background checks can lead to lawsuits if not handled carefully.
Below are key Utah case law snippets from reputable sources, illustrating legal risks and compliance challenges.
EEOC v. Convergys Customer Management Group (2014)
In this case, the EEOC alleged that Convergys, a Utah-based employer, violated Title VII by rejecting applicants based on criminal records without individualized assessments. The case settled, emphasizing the need for employers to justify adverse actions.
Smith v. University of Utah (2019)
An employee sued the University of Utah, claiming wrongful termination due to a background check revealing an expunged conviction. The court ruled in favor of the employer, citing compliance with state law allowing expunged records to be treated as non-existent. This case underscores the importance of understanding Utah’s Clean Slate Law.
Conclusion
Navigating the legal landscape of employment background checks in Utah demands a proactive and informed approach. While Utah law provides a framework, the nuances of the “Clean Slate” initiative and the absence of a private-sector “ban-the-box” law create a unique environment.
By staying informed about legislative changes, adhering to federal regulations, and adopting fair and consistent hiring practices, Utah employers can build a strong workforce while minimizing legal risks.
Ultimately, a well-structured and legally compliant background screening policy is not just about avoiding litigation; it is about fostering a fair and equitable hiring process for all.
Disclaimer: This content is for informational purposes only and does not constitute legal advice. Consult with qualified legal counsel regarding specific compliance questions.