Arizona Background Check Laws (2026 Guide)

Last verified: March 2026. This page reflects current Arizona Revised Statutes, Executive Order 2017-07, and federal Fair Credit Reporting Act requirements.

Overview of Arizona Background Check Laws

Arizona has developed a layered framework for background checks that balances [employer needs with protections for individuals with criminal records. The state's approach combines federal requirements under the Fair Credit Reporting Act (FCRA) with state-specific statutes governing employment, housing, licensing, and criminal record relief.

Arizona does not have a single, comprehensive background check statute. Instead, various laws address different aspects of the process. Employers, landlords, and licensing agencies must navigate both federal rules and Arizona-specific provisions to stay compliant.

The Arizona Department of Public Safety (DPS) maintains the Central State Repository for criminal history records. Under Arizona law, DPS cannot perform criminal history checks for private citizens or private employers directly. Employers who want criminal background information must use consumer reporting agencies (CRAs) that comply with the FCRA.

Ban the Box: Criminal History on Job Applications

Arizona has adopted Ban the Box protections at both the state and local levels. These laws restrict when employers can ask about an applicant's criminal history during the hiring process.

State-Level Ban the Box

In 2017, Governor Doug Ducey signed Executive Order 2017-07, which prohibited state agencies from asking about criminal history on initial job applications. Under this executive order, state employers cannot inquire about criminal history or conduct criminal background checks until after the initial interview. If no interview is conducted, the inquiry must wait until after a conditional employment offer is made.

Effective January 1, 2025, Arizona expanded Ban the Box protections to private employers. The new statewide law applies to private employers with four or more workers and requires them to remove criminal history questions from initial job applications. Employers covered by the law cannot make any criminal history inquiry until after extending a conditional offer of employment.

Once a conditional offer is made, the employer must conduct an individualized assessment that considers the nature of the offense, the time that has passed since the offense, and the specific duties of the job in question.

Exemptions

The statewide Ban the Box law includes several exemptions. Positions where federal or state law mandates a background investigation are not covered. Law enforcement agencies are exempt. Jobs that require a fidelity bond are also excluded from the restriction.

Local Ban the Box Ordinances

Several Arizona cities and counties have their own Ban the Box rules that may impose additional requirements:

• Phoenix: City contractors must delay background checks until after an interview. The city's Administrative Regulation 2.81 applies to municipal employers and includes a seven-year reporting restriction for convictions.
• Tucson: The Fair Chance Hiring ordinance applies to city employment and city contractors.
• Maricopa County: Background checks are conducted only after a job offer, and only convictions from the past seven years are considered.
• Tempe, Glendale, and Pima County: Each has adopted fair chance hiring policies for public sector positions.

Lookback Periods and Reporting Limits

Arizona does not impose a state-specific lookback period for criminal background checks beyond what federal law requires. The key limitations come from the FCRA.

FCRA Seven-Year Rule

Under the FCRA, consumer reporting agencies cannot report certain types of negative information beyond seven years. This applies to:

• Arrests that did not result in a conviction
• Paid tax liens
• Civil judgments
• Accounts placed in collection

Criminal convictions, however, have no federal time limit and can be reported indefinitely in Arizona. This means a felony conviction from 20 years ago can still appear on a background check report.

Salary Exception

The FCRA seven-year restriction does not apply to positions with an expected annual salary of $75,000 or more. For these higher-paying roles, consumer reporting agencies can report all adverse information regardless of age. This exception also applies to federal contractor positions and certain executive roles.

Employment Background Checks

Arizona employers who use third-party consumer reporting agencies to conduct background checks must comply with federal FCRA procedures.

Disclosure and Consent

Before running a background check, the employer must provide the applicant with a clear, standalone written disclosure stating that a background check will be conducted. The applicant must give written consent before the employer can proceed.

In Arizona and other states within the Ninth Circuit, the Gilberg v. California Check Cashing Stores decision requires employers to provide applicants with two standalone disclosure forms before conducting employment background checks.

Adverse Action Process

If an employer intends to take adverse action (such as not hiring or terminating) based on background check results, a two-step process is required:

Step 1: Pre-Adverse Action Notice. The employer must send the applicant a copy of the background check report, a summary of their rights under the FCRA, and a notice that the employer is considering adverse action.

Step 2: Waiting Period. The employer must allow at least five business days for the applicant to review the report and dispute any inaccurate information before making a final decision.

Step 3: Final Adverse Action Notice. If the employer decides to proceed with the adverse action, they must send a final written notice that includes the name and contact information of the consumer reporting agency, a statement that the agency did not make the hiring decision, and notice of the applicant's right to obtain a free copy of the report and dispute its contents.

Credit Check Restrictions

Effective July 1, 2024, ARS 44-1692 restricts when employers can use credit reports in hiring decisions. Employers may only request credit reports for positions that involve:

• Managing company funds, assets, or confidential financial data
• Roles requiring a surety or fiduciary bond
• Executive positions with budget authority exceeding $10,000

Even for permitted positions, the employer must obtain written consent before ordering a credit report and must follow FCRA adverse action procedures if the report influences the hiring decision.

Set-Aside Provisions and Record Sealing

Arizona provides two primary pathways for individuals seeking relief from criminal records: setting aside a conviction under ARS 13-905 and sealing records under ARS 13-911.

Setting Aside a Conviction (ARS 13-905)

Under ARS 13-905, a person who has completed all terms of their sentence or probation may petition the court to set aside their judgment of guilt. If granted, the court dismisses the complaint or indictment and releases the person from most penalties and disabilities resulting from the conviction.

A set-aside does not erase the conviction from the public record. The record will show a notation that the judgment has been set aside. Employers and others who conduct background checks will still see the original conviction, but the notation indicates the court has granted relief.

Exceptions to set-aside relief include:

• Penalties imposed by the Department of Transportation
• Restrictions imposed by the Game and Fish Commission
• Lifetime injunctions issued under ARS 13-719
• Sex offender registration requirements
• Dangerous offenses and dangerous crimes against children

Certificate of Second Chance

In 2021, Arizona amended ARS 13-905 through House Bill 2067 to create the Certificate of Second Chance. When a court grants a set-aside, it may also issue this certificate, which provides specific legal protections.

For employers, the certificate offers immunity from negligent hiring claims. An employer cannot be held liable for hiring someone who holds a Certificate of Second Chance based solely on the set-aside conviction. Criminal convictions that occurred before the person began working for the employer may not be introduced as evidence in a negligent hiring lawsuit.

Waiting periods for the Certificate of Second Chance:

• Class 4, 5, or 6 felonies: 2 years after completing probation or sentence
• Class 2 or 3 felonies: 5 years after completing probation or sentence

Record Sealing (ARS 13-911)

ARS 13-911, effective January 1, 2023, allows eligible individuals to petition the court to seal their criminal records. Unlike a set-aside, sealed records are removed from public access and generally will not appear on background checks.

A person with a sealed record may legally state on employment, housing, and financial aid applications that they have never been arrested for, charged with, or convicted of the sealed offense.

Waiting periods for record sealing:

• Class 2 or 3 misdemeanors: 2 years after completing the sentence
• Class 1 misdemeanors: 3 years after completing the sentence
• Class 4, 5, or 6 felonies: 5 years after completing the sentence
• Class 2 or 3 felonies: 10 years after completing the sentence

Offenses ineligible for sealing include:

• Dangerous offenses as defined by Arizona law
• Dangerous crimes against children
• Serious offenses, violent felonies, or aggravated felonies
• Offenses involving the discharge, use, or threatening exhibition of a deadly weapon
• Offenses involving the knowing infliction of serious physical injury

The court must wait 60 calendar days after receiving a petition before granting or denying it, unless both the prosecutor and all registered victims confirm they do not object.

Housing Background Checks

Arizona does not have a statewide law restricting landlords from asking about criminal history on rental applications. Landlords may conduct background checks on prospective tenants, but they must follow federal requirements.

FCRA Compliance for Landlords

Landlords who use consumer reporting agencies for tenant screening must obtain written consent from the applicant before running a check. If a landlord denies an application based on the screening results, they must provide an adverse action notice that includes a copy of the report, the screening company's name and contact information, and a summary of the tenant's rights under the FCRA.

Fair Housing Considerations

All tenant screening must comply with the Fair Housing Act, which prohibits discrimination based on race, color, national origin, religion, sex, familial status, or disability. The U.S. Department of Housing and Urban Development (HUD) has issued guidance discouraging blanket bans on applicants with criminal records, as such policies can have a disparate impact on protected classes.

Landlords should evaluate criminal history on a case-by-case basis, considering the nature, severity, and timing of the offense. Arrests that did not result in convictions cannot be used as automatic disqualifiers.

Application Fees

Arizona law allows landlords to charge application fees for tenant screening. The state does not cap the amount of the fee, but landlords must clearly state in writing whether the fee is refundable or non-refundable and explain its purpose.

Professional Licensing Background Checks

Arizona requires background checks for various professional licenses, particularly those involving work with vulnerable populations.

Fingerprint Clearance Cards

The Arizona Department of Public Safety issues Fingerprint Clearance Cards (FCCs) to individuals who work in professions involving children, the elderly, or other vulnerable groups. Professions that commonly require an FCC include teachers, childcare workers, healthcare professionals, and behavioral health providers.

DPS conducts both state and federal criminal history checks through fingerprint comparison. The agency screens applicants against a list of precluding offenses defined in ARS 41-1758.03. If the applicant's record contains none of the listed offenses, DPS issues the clearance card.

There are two types of Fingerprint Clearance Cards:

• Regular FCC (ARS 41-1758.03): Required for most positions involving vulnerable populations
• Level I FCC (ARS 41-1758.07): Required for positions with higher security requirements

The current DPS fee is $67.00 for standard applicants and $65.00 for volunteers. Persons under 18 or over 99 are exempt from the fingerprint requirement but must remain under direct visual supervision of someone with a valid FCC.

Occupational Licensing Protections (ARS 41-1093.04)

Under ARS 41-1093.04, a person with a criminal record may petition any licensing agency at any time to determine whether their record disqualifies them from obtaining a license. This petition can be filed before obtaining required education, taking an examination, or paying any fees.

The agency may only disqualify an applicant if it concludes that the state's interest in protecting public safety outweighs the person's right to obtain the license. If the agency does disqualify the applicant, it must advise the person on steps to remedy the disqualification and provide the earliest date for a new petition, which must be no later than two years after the initial determination.

Contractor Licensing

The Arizona Registrar of Contractors (ROC) requires criminal background checks for all persons listed on a license application. The ROC reviews criminal convictions to determine whether the crime is substantially related to the duties and qualifications of a contractor and considers evidence of rehabilitation.

FCRA Interaction With Arizona Law

Arizona background check law operates within the federal FCRA framework, with the state adding specific protections in several areas. Key points of interaction include:

• Ban the Box timing: Arizona's 2025 law adds state-level restrictions on when criminal history inquiries can occur, layered on top of FCRA requirements.
• Credit check limits: ARS 44-1692 restricts credit report use to specific job categories, going beyond basic FCRA consent requirements.
• Record sealing: ARS 13-911 affects what CRAs can access and report, since sealed records are removed from public databases.
• Set-aside notation: CRAs will still report set-aside convictions but must include the notation that the judgment was set aside.

Employers should be aware that where Arizona law is more protective than the FCRA, the stricter standard applies. For example, even though the FCRA allows criminal conviction reporting indefinitely, Arizona's Ban the Box law prevents employers from asking about convictions until after a conditional offer.

Recent Changes and Developments

Arizona has made several significant changes to its background check landscape in recent years:

• January 1, 2025: Statewide Ban the Box law for private employers with four or more workers took effect, requiring removal of criminal history questions from initial applications.
• January 1, 2025: New APS Registry check requirements for residential care institutions, nursing care institutions, and home health agencies. These employers must check prospective and current employees against the Adult Protective Services Registry and may not hire individuals who appear on it.
• July 1, 2024: Employment credit check restrictions under ARS 44-1692 took effect, limiting credit report use to positions with substantial financial responsibility.
• January 1, 2023: Record sealing under ARS 13-911 became available, allowing eligible individuals to petition for sealed records that do not appear on most background checks.
• 2021: Certificate of Second Chance provisions added to ARS 13-905, providing employer protections for hiring individuals with set-aside convictions.

Frequently Asked Questions

Sources and References