Utah Background Check Laws (2026 Guide)

Last verified: March 2026. This page reflects current Utah Code Title 53, Chapter 10 (Criminal Investigations and Technical Services); Title 77, Chapter 40a (Expungement of Criminal Records); Title 34, Chapter 46 (Employment Selection Procedures Act); and H.B. 156 (2017).

Table of Contents

• Overview of Utah Background Check Laws
• How Background Checks Work in Utah
• Ban the Box: Fair Chance Hiring in Utah
• Utah Clean Slate Law and Automatic Expungement
• Petition-Based Expungement Under Chapter 77-40a
• Lookback Periods and Reporting Limits
• FCRA Interaction and Employer Obligations
• Employment Background Checks
• Housing and Tenant Screening
• Professional Licensing Background Checks
• Recent Legislative Changes
• Frequently Asked Questions
• Sources and References

Overview of Utah Background Check Laws

Utah's background check system is managed by the Bureau of Criminal Identification (BCI), a division of the Utah Department of Public Safety. BCI maintains the state's criminal history database and processes background check requests for employers, licensing agencies, volunteer organizations, and other qualifying entities.

The legal framework governing background checks in Utah draws from several state statutes and federal law. Utah Code 53-10-108 establishes who can request criminal history records and under what circumstances. The Employment Selection Procedures Act (Title 34, Chapter 46) regulates how employers collect and use personal information during the hiring process. And Title 77, Chapter 40a governs expungement, including Utah's landmark Clean Slate automatic expungement program.

Utah does not impose a statewide cap on how far back criminal conviction records can be reported. This means felony and misdemeanor convictions can appear on background checks indefinitely unless they have been expunged. However, federal Fair Credit Reporting Act (FCRA) rules do limit reporting of certain non-conviction records to seven years.

How Background Checks Work in Utah

Under Utah Code 53-10-108, qualifying entities may request criminal history information from BCI. These qualifying entities include organizations involved in the care, custody, and control of children, fiduciary trust operations, national security functions, and the care of vulnerable adults.

BCI offers two primary types of background checks:

Name and Date of Birth Checks. This search queries the Utah Computerized Criminal History Database, the Statewide Warrants database, and the National Crime Information Center (NCIC) interstate fugitive database. As of July 1, 2025, this check costs $20 per search.

Fingerprint-Based Checks. These searches use the Western Identification Network (WIN) and may include FBI database queries. Fingerprint checks provide a more comprehensive and accurate result because they rely on biometric data rather than name matching. As of July 1, 2025, these also cost $20 per search.

To become a qualifying entity, organizations must submit an application to BCI and demonstrate their eligibility under state law. BCI provides standardized application forms for this process.

Ban the Box: Fair Chance Hiring in Utah

In 2017, Utah enacted H.B. 156, a "Ban the Box" law that restricts when public employers in Utah can ask about criminal history during the hiring process. Governor Gary Herbert signed the bill on March 22, 2017, and it took effect on May 9, 2017.

Under this law, a public employer may not exclude an applicant from an initial interview because of a past criminal conviction. Specifically, public employers cannot require applicants to disclose criminal convictions on the employment application, before an initial interview, or before making a conditional offer of employment when no interview is conducted.

Who the law covers. H.B. 156 applies to state agencies, counties, and municipalities across Utah. It covers government hiring processes at the state and local level.

Exceptions. The law does not apply to positions in:

• Criminal justice and juvenile justice agencies
• Law enforcement positions
• Jobs involving children or vulnerable adults
• The Utah Department of Alcoholic Beverage Services
• The Utah State Tax Commission
• Positions where federal, state, or local law requires criminal history consideration

Private employers. Utah's Ban the Box law does not extend to private sector employers. Private businesses in Utah may still ask about criminal history on initial job applications. No city in Utah, including Salt Lake City, has enacted a private-sector Ban the Box ordinance as of March 2026.

In 2023, H.B. 468 expanded on employment screening requirements. This bill, signed by the Governor on March 17, 2023, added protections for mental health professional applicants, restricting public employers from excluding them based on offenses that occurred before age 18 or convictions that do not bear a direct relationship to their ability to safely perform job duties.

Utah Clean Slate Law and Automatic Expungement

Utah's Clean Slate law is one of the most significant background check reforms in the state's history. Enacted in 2019 through H.B. 431 and codified in Utah Code Chapter 77-40a, Part 2, this law provides for the automatic expungement of certain criminal records without requiring individuals to file a petition or pay fees.

The program officially launched on February 10, 2022, making Utah one of the first states in the nation to implement automatic record clearing.

Eligible offenses for automatic expungement include:

• Most Class B and Class C misdemeanors
• All infractions
• Arrests that did not result in charges (cleared within 60 days of eligibility)
• Cases dismissed with prejudice (cleared within 60 days)
• Acquittals (cleared within 60 days)

Waiting periods for automatic expungement:

• Class B misdemeanors: 4 conviction-free years
• Class C misdemeanors: 3 conviction-free years
• Infractions: 3 conviction-free years
• Class A misdemeanor drug possession (under Section 58-37-8(2)(a)(i)): 7 conviction-free years
• Non-conviction records (arrests without charges, dismissals, acquittals): 60 days after eligibility

Offenses excluded from automatic expungement:

• All felony convictions
• Domestic violence offenses
• Registerable sex offenses
• DUI, DWI, and impaired driving offenses
• Simple assault
• Certain weapons-related offenses

Current processing status. From October 1, 2024, through January 1, 2026, the Utah State Courts paused batch automatic expungement processing. During this period, individuals needed to submit a form to the court to request their automatic expungement. As of January 1, 2026, the courts resumed the automated identification and processing of eligible cases without requiring individuals to file forms.

The Utah State Courts, BCI, and county clerks have been coordinating system upgrades that have reduced post-eligibility processing time from months to days in many cases.

Petition-Based Expungement Under Chapter 77-40a

For criminal records that do not qualify for automatic expungement, Utah provides a petition-based expungement process through Utah Code Chapter 77-40a, Part 3. This pathway covers more serious offenses, including eligible felonies.

Step 1: Obtain a Certificate of Eligibility from BCI.

You must apply to BCI with a completed application, a $65 fee, and fingerprints. BCI will review your criminal history and determine whether you meet the eligibility requirements under Section 77-40a-302. Processing may take several months.

Step 2: File a Petition with the Court.

Once you receive the Certificate of Eligibility, you have 180 days to file it along with a Petition to Expunge Records with the appropriate court.

Waiting periods for petition-based expungement:

Offense Level	Waiting Period
DUI/DWI/Impaired Driving	10 years
Eligible Felonies	7 years
Class A Misdemeanor	5 years
Class B Misdemeanor	4 years
Class C Misdemeanor and Infractions	3 years

The waiting period begins from the date of conviction or release from incarceration, parole, or probation, whichever is later.

Eligibility requirements under Section 77-40a-302:

• All fines and interest ordered by the court must be paid in full
• All restitution must be paid in full
• The required waiting period must have passed
• No criminal proceeding may be pending for a misdemeanor or felony offense
• The individual must not be currently incarcerated, on probation, or on parole
• No criminal protective order may be in effect for the case

Offenses that cannot be expunged through petition:

• Capital felony convictions
• First-degree felony convictions (with limited exceptions)
• Felony DUI/DWI
• Registerable sex offenses
• Certain violent felonies

After a court grants expungement, BCI deletes all information about the charge from its records. The individual may then respond to any inquiry as though the arrest or conviction never occurred.

Lookback Periods and Reporting Limits

Utah does not have a state law that limits how far back employers or screening companies can report criminal convictions. This means a felony conviction from decades ago can still appear on a background check unless it has been expunged.

However, the federal Fair Credit Reporting Act (FCRA) imposes restrictions on what consumer reporting agencies (background check companies) can include in their reports:

Seven-year limit on non-convictions. Arrests that did not lead to convictions, charges that were dismissed, and other non-conviction records cannot be reported after seven years. This limit does not apply if the position pays $75,000 or more per year.

No time limit on convictions. Criminal convictions may be reported indefinitely under the FCRA. Since Utah has no additional state restrictions, convictions remain reportable until expunged.

Other FCRA lookback limits:

• Bankruptcies: 10 years
• Civil lawsuits and judgments: 7 years (or until the statute of limitations expires, whichever is longer)
• Paid tax liens: 7 years
• Accounts placed in collections: 7 years

The interaction between Utah's Clean Slate law and these lookback rules is important. Once a record is automatically expunged under the Clean Slate program, it is removed from BCI's database entirely. A consumer reporting agency should not find or report an expunged record, regardless of the FCRA lookback period.

FCRA Interaction and Employer Obligations

When Utah employers use a third-party consumer reporting agency (CRA) to conduct background checks, they must comply with the federal Fair Credit Reporting Act. Here is what that requires:

Before requesting a report:

• Provide the applicant or employee with a clear, standalone written disclosure that a consumer report may be obtained
• Obtain written authorization from the individual before requesting the report
• Provide a copy of the FTC Summary of Rights under the FCRA

Before taking adverse action (denial, termination, etc.):

• Provide a pre-adverse action notice to the individual
• Include a copy of the consumer report
• Include a copy of the Summary of Rights under the FCRA
• Allow a reasonable period (typically 5 business days) for the individual to dispute any inaccuracies

After taking adverse action:

• Provide a final adverse action notice
• Include the name, address, and phone number of the CRA
• State that the CRA did not make the adverse decision and cannot explain it
• Inform the individual of their right to a free copy of their report within 60 days
• Inform the individual of their right to dispute any inaccurate information

Employers who conduct background checks directly (not through a CRA) are not subject to FCRA requirements. However, they must still comply with Utah's Employment Selection Procedures Act and any applicable Ban the Box restrictions.

Employment Background Checks

Utah employers conducting background checks must navigate several overlapping laws. Here is a summary of the rules that apply to employment screening.

The Employment Selection Procedures Act (Title 34, Chapter 46):

This law applies to employers with 15 or more employees. It restricts the collection of personal information during the hiring process:

• Employers may not request an applicant's Social Security number, date of birth, or driver's license number unless the request applies equally to all applicants and the information will be used to obtain a credit history under the FCRA or to check internal records
• Employers must maintain a written policy regarding the retention, disposition, access, and confidentiality of information collected about job applicants
• Applicants must be allowed to review the employer's data handling policy before agreeing to provide information
• Employers may only use the information collected to determine whether to hire the applicant
• Employers may not use the information for marketing, profiling, or reselling

Ban the Box compliance (public employers only):

Public employers must delay criminal history inquiries until the initial interview or later. They cannot require applicants to disclose criminal history on employment applications.

Credit checks:

Employers may run credit checks on applicants, but they must comply with FCRA procedures and the Employment Selection Procedures Act's restrictions on collecting SSN and other personal identifiers.

Housing and Tenant Screening

Utah landlords may conduct background checks on prospective tenants, but they must follow certain rules.

Written consent required. Landlords must obtain written permission from an applicant before running a criminal or credit background check. The applicant must be informed that a check will be conducted and what criteria the landlord will use to evaluate the results.

Application fees. Utah law does not set a maximum application fee, but the fee must not exceed the actual cost of performing the screening. Landlords must disclose before accepting the fee whether it is refundable or non-refundable. Application fees are separate from security deposits.

What landlords can check. Utah landlords are permitted to screen for criminal history, credit history, rental history, and eviction records. They may access databases containing arrest records, conviction records, and other court records.

Fair housing protections. Landlords must comply with the federal Fair Housing Act, which prohibits discrimination based on race, color, national origin, religion, sex, familial status, and disability. Utah state law adds protections against discrimination based on source of income, sexual orientation, and gender identity.

HUD guidance on criminal records. The U.S. Department of Housing and Urban Development (HUD) has issued guidance advising landlords that blanket bans on tenants with criminal records may violate fair housing law due to the disparate impact on protected classes. Landlords should conduct individualized assessments considering the nature and severity of the offense, the time elapsed, and any evidence of rehabilitation.

Clean Slate impact. Once a tenant's record is automatically expunged under Utah's Clean Slate law, that record should not appear in background check results. Landlords cannot consider expunged offenses when making tenancy decisions.

Professional Licensing Background Checks

The Division of Professional Licensing (DOPL) within the Utah Department of Commerce oversees approximately 60 categories of professional licensure. Many of these require criminal background checks as part of the application process.

Fingerprint requirements. Many DOPL licenses require applicants to submit fingerprints. BCI and the FBI process these fingerprints to generate a comprehensive criminal history report.

Enhanced access to records. DOPL receives information that is not available through standard non-government background checks. For example, a charge that was dismissed after successful completion of a plea in abeyance may not appear on a commercial background report, but it will be disclosed to DOPL.

Criminal history evaluation. A criminal record does not automatically disqualify an applicant from professional licensure. DOPL evaluates whether the criminal history "substantially" relates to the applicant's ability to safely and competently practice their profession. Many of the roughly 60 license categories do not automatically deny applicants based on criminal history alone.

Pre-licensure determination. Applicants concerned about how their criminal history may affect licensure can request a Criminal History Determination before applying. DOPL will issue a determination letter within 30 days indicating whether the criminal history would disqualify the applicant. This service helps individuals avoid investing in education and application fees only to be denied at the licensing stage.

Contact. DOPL can be reached at (801) 530-6628 or through their website at dopl.utah.gov.

Recent Legislative Changes

Utah's background check laws have seen several important updates in recent years:

2025 BCI Fee Increases. Legislation passed during the 2025 General Session raised BCI fees effective July 1, 2025. Both Name/DOB background checks and fingerprint-based (WIN) background checks increased to $20 each.

2024-2026 Clean Slate Processing Pause. From October 1, 2024, through January 1, 2026, the Utah State Courts paused batch automatic expungement processing to implement system upgrades. During this period, individuals needed to submit a request form to the court. The automated batch processing resumed on January 1, 2026.

2023 H.B. 468 Employment Screening Requirements. This bill, effective May 3, 2023, expanded Ban the Box protections for mental health professional applicants in public employment. It restricted public employers from considering offenses committed before age 18 and convictions unrelated to the applicant's professional duties.

2022 Clean Slate Launch. Utah's automatic expungement program officially began on February 10, 2022, following the passage of H.B. 431 in 2019. The program was one of the first in the nation.

2026 H.B. 472 Division of Licensing and Background Checks Amendments. This bill, introduced in the 2026 General Session, clarifies definitions related to individuals associated with licensees and makes technical changes to the Division of Licensing and Background Checks code. It takes effect May 6, 2026.

2017 H.B. 156 Ban the Box. Signed March 22, 2017, this law prohibited Utah public employers from asking about criminal history on initial job applications, effective May 9, 2017.

Frequently Asked Questions

Sources and References