Arizona background check laws for employers (2026): what you can check and when

Arizona employers may run background checks on candidates, and the state's rules mostly protect candidates whose records have been cleared and employers who hire people with records. As of October 2026, the main Arizona layers on top of the federal Fair Credit Reporting Act are a short state consumer reporting law that requires employers to name the screening company when they deny a job, sealed records that candidates may deny on applications with listed exceptions, set-asides and certificates of second chance, a statute limiting negligent hiring liability, and fingerprint clearance cards for jobs with children and vulnerable adults. We found no statewide ban-the-box, credit check or salary history law for private employers.

The federal steps for any check through a screening company are in the FCRA background check process, and the other Arizona hiring rules (new-hire reporting, E-Verify, drug testing, pay) are in hiring employees in Arizona. This page covers what Arizona law adds to the check itself, with each statute linked to the Arizona Legislature's site.

What does Arizona add to the federal FCRA?

Arizona has its own consumer reporting article, A.R.S. 44-1691 to 44-1698. It defines a consumer report to include information on a person's "character, general reputation, personal characteristics, or mode of living" used for employment purposes (A.R.S. 44-1691), and allows reports for employment purposes (44-1692). For employers, the duties are:

• Name the screening company when you say no. An employer that denies a consumer employment, a promotion or retention, or reassigns them to their disadvantage, must disclose the name and address of any consumer reporting agency whose report it considered (A.R.S. 44-1693(A)(3)). The federal adverse action notice already includes this, so one well-built notice covers both.
• No waivers. No employer may "request or require any waiver of rights by any consumer" under the article, and a consumer denied employment because of a report gets a free copy of their file if they ask within 30 days (44-1693(D)).
• Liability for misuse. A user of information that is grossly negligent in using a consumer report, or acts willfully and maliciously with intent to harm, is liable for actual and punitive damages, attorney fees and court costs (44-1695(C)), and obtaining a report under false pretenses is a class 1 misdemeanor (44-1696).

We did not find an Arizona rule on how far back a report may go. The federal limit therefore governs: arrests and other adverse non-conviction items older than seven years may not be reported for jobs paying under $75,000, and convictions have no federal time limit (15 U.S.C. § 1681c).

What can candidates with sealed records say in Arizona?

A.R.S. 13-911 lets a person petition to seal all case records of a conviction (after finishing the sentence and a waiting period of up to ten years depending on the offense class), a dismissed charge or acquittal, or an arrest with no charges. Once records are sealed, the person "may state, in all instances, that the person has never been arrested for, charged with or convicted of the crime," including on employment applications, unless one of these applies:

• the application requires a fingerprint clearance card;
• the sealed record is a class 2 or 3 felony drug offense under chapter 34;
• burglary, theft or organized retail theft, and the job requires entering and working inside a home;
• child abuse or aggravated assault, and the job involves supervising, educating or caring for a minor;
• vulnerable adult abuse, and the job involves caring for a vulnerable adult or a person 65 or older;
• listed impaired driving and vehicle offenses, and the job involves operating a motor vehicle, boat or airplane;
• listed theft, fraud and related offenses, and the job involves handling another person's money or financial assets;
• the job is with a law enforcement agency, prosecutor's office, court, probation department, child welfare agency, the Department of Child Safety, juvenile corrections or the Department of Corrections;
• disclosure is required by state or federal law, or by Medicare, Medicaid or other federal health program integrity rules.

Sealed records stay available to the agencies listed in subsection J, and the clerk and the Department of Public Safety may not share them with anyone else, so a sealed case should not appear in a screening company's court search. Section 13-911(I)(6) adds that the person's employer "is not liable for hiring or contracting with the person" as provided in section 12-558.03. Dangerous offenses, serious and violent offenses and several others listed in subsection O cannot be sealed.

Marijuana possession, home growing of up to six plants and paraphernalia offenses covered by A.R.S. 36-2862 can be expunged on petition, and the person may then state that they were never arrested for, charged with or convicted of the offense.

What do set-aside convictions and certificates of second chance mean?

A set-aside is different from sealing. Under A.R.S. 13-905, a court may set aside a judgment of guilt after the sentence is complete, but the Department of Public Safety only annotates the record that the conviction was set aside and "may not redact or remove any part of the person's record." A set-aside conviction can still show up on a check; read the annotation before treating it as an active conviction. The Department and the Board of Fingerprinting may still consider it for a clearance card.

When the court sets aside a misdemeanor, a class 4, 5 or 6 felony after two years, or a class 2 or 3 felony after five years, the order must include a certificate of second chance. The certificate "provides an employer of the person with all of the protections" of section 12-558.03, and is not a recommendation of the person. People convicted of dangerous offenses, offenses requiring sex offender registration, offenses with a finding of sexual motivation, and felonies against victims under 15 are not eligible for a set-aside.

Does Arizona protect employers who hire people with records?

Yes, more directly than most states. A.R.S. 12-558.03 says "an employer is not liable for hiring an employee or contracting with an independent contractor who has previously been convicted of a criminal offense," and in other negligent hiring claims the prior conviction "may not be introduced into evidence." Limits:

• "Criminal offense" excludes violent offenses and sexual offenses, so those convictions are outside the shield.
• A supervision claim may use the conviction if the employer knew of it or was grossly negligent in not knowing, and the conviction was directly related to the work and the conduct that caused the injury.
• No protection for misuse of others' money by someone with a fraud conviction in a foreseeably fiduciary role, misappropriation by an attorney with such a conviction, or violence or excessive force by a law enforcement officer or security guard.

The statute defines employer to include a general contractor, premises owner or other third party. Background on the underlying claim is in what negligent hiring is.

When can you ask about criminal history in Arizona?

We found no Arizona statute that sets the stage of hiring at which a private employer may ask about criminal history, so your policy and federal law set the timing. Federal discrimination law still applies to how records are used, and the questions to avoid are in illegal interview questions. If you ask on an application, phrase it so candidates know they need not list sealed or expunged matters, except for the job categories above.

Credit and salary history. We found no Arizona statute restricting employment credit checks or salary history questions, and Arizona is not on our lists of state credit check laws or salary history bans.

Which Arizona jobs require a fingerprint clearance card?

The Department of Public Safety's Clearance Card Section says Arizona statutes require many professions to hold an active fingerprint clearance card before or as a condition of licensure, certification or employment, that the licensing agency, board or employer can say which statute applies, and that cards are valid for six years. Schools and employers can sign up for alerts when a card's status changes. Three common settings:

• Schools. Noncertificated school district personnel who provide services directly to pupils without supervision by a certificated employee must be fingerprinted as a condition of employment, and the district may require a clearance card. They also certify on notarized forms whether they are awaiting trial on, or have ever been convicted of, listed offenses, "including a charge or conviction that has been vacated, set aside or expunged" (A.R.S. 15-512).
• Residential care, nursing care and home health. Employees, contractors and volunteers who provide medical, nursing, behavioral health, health-related, home health or direct supportive services must hold a valid card or apply within 20 working days of starting. The employer must make documented efforts to contact previous employers, verify the card, and since 2025 check the adult protective services registry, and may not keep a person whose card was denied, suspended or revoked (A.R.S. 36-411).
• Child care. Child care personnel, including volunteers, must hold a valid clearance card "before starting employment or volunteer work" (A.R.S. 36-883.02).

Arizona background check rules at a glance

What should recruiters and staffing agencies do in Arizona?

1. Word the question for sealed records. Ask only about convictions, say sealed and expunged matters need not be listed, and for roles in the 13-911 exceptions explain why disclosure is required.
2. Read set-aside annotations. A conviction marked set aside, especially with a certificate of second chance, should not be treated like an active conviction, and the certificate extends the employer's liability protection.
3. Check clearance cards early. For child care, a card must be valid before day one; for health care roles under 36-411, track the 20-working-day application window and the registry checks. Agree with the client who verifies the card.
4. Send one combined adverse action notice. Include the screening company's name and address, which satisfies Arizona and the federal FCRA; templates are in background check notification emails.
5. Keep criminal history out of interviews. If a candidate volunteers a case, do not follow up or note it in the ATS. If you transcribe interviews with an AI note taker, remove the passage from any notes you share.
6. Keep drug testing separate. It follows its own rules, covered in Arizona drug testing laws, and a background check policy keeps the steps consistent.

Other Arizona rules for the same hire: E-Verify in Arizona, Arizona non-compete law, staffing agency licensing in Arizona and recording interviews in Arizona.