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Background Check Laws by State (2026 Guide)

Independently fact-checked Editor-reviewed Law current as of August 7, 2026By Recording Law Editorial TeamPublished March 16, 20261 min read

Independently fact-checked against primary sources (last audited August 16, 2026). · Reviewed by the RecordingLaw editorial team. · Law checked current as of August 7, 2026. · 2 primary sources cited on this page. How we verify our legal content

Background Check Laws by State (2026 Guide)

Background check laws in the United States combine federal rules under the Fair Credit Reporting Act, which limits how far back non-conviction records can be reported, with state-level laws that vary widely. As of 2026, 37 states and D.C. restrict when employers can ask about criminal history.

Background check laws determine what employers, landlords, and licensing boards can see on your criminal record and how they can use that information. Every state has different rules, and the landscape is changing rapidly as more states enact Ban the Box and Clean Slate legislation.

Background Check Laws by State

Select your state for a complete guide to Ban the Box laws, lookback periods, Clean Slate provisions, employer and housing check rules, and professional licensing requirements.

Frequently Asked Questions

What is Ban the Box?

Ban the Box laws prohibit employers from asking about criminal history on initial job applications. The timing of when employers can inquire varies by state: some delay until the first interview, others until a conditional offer is made. As of 2026, 37 states plus D.C. have some form of Ban the Box law.

How far back do background checks go?

Under the federal FCRA, non-conviction records (arrests, dismissed charges) can only be reported for 7 years for positions paying under $75,000. Conviction records can be reported indefinitely in most states. Some states like California and New York have additional lookback limits.

What is a [Clean Slate law](/us-laws/expungement)?

Clean Slate laws automatically seal eligible criminal records after a waiting period without requiring the person to file a petition. As of 2026, 13 states plus D.C. have enacted Clean Slate legislation. Pennsylvania was the first in 2018. Minnesota sealed over 1.5 million records in the first months after its law took effect.

Updates

August 16, 2026

Independently fact-checked against the cited primary sources

August 7, 2026

Governing law re-checked for recent changes

March 16, 2026

Reviewed and approved by an editor

State-by-state comparison

Each state guide below is paired with the governing statute our editors adjudicated for it, held in our own legal record and verified against the official source.

State	Statute cited	Court citations
Alabama	Code of Alabama 1975, Title 41: State Government. § 41-9-650.1 — Alabama Background Check Service - Background Check for…	—
Alaska	Alaska Statutes, Title 12. Code of Criminal Procedure, Chapter 62. Criminal Justice Information and Records Checks § 12.62.400 — National criminal history record checks for employment,…	—
Arizona	—	—
Arkansas	Arkansas Code of 1987 Annotated § 12-12-1009 — Dissemination of conviction information for noncriminal…	—
California	California Government Code § 12952	6 opinions · latest 2025
Colorado	Colorado Revised Statutes, Title 5: Consumer Credit Code § 5-18-109 — Reporting of information prohibited - exceptions - repeal	—
Connecticut	Connecticut General Statutes, Title 31 (Labor), Chapter 557 § 31-51i — Employer inquiries about erased criminal record prohibited.…	2 opinions · latest 2020
Delaware	Delaware Code, Title 19 (Labor), Chapter 007 (EMPLOYMENT PRACTICES) § 711 — Unlawful employment practices; employer practices.	—
District of Columbia	Code of the District of Columbia, Title 32: Labor. - Chapter 13B: Hiring of Ex-Offenders. - Subchapter I: Fair Criminal Record Screening. § 32-1342 — Inquiries into certain arrests, accusations, and…	—
Florida	Florida Statutes § 435.04 — Level 2 screening standards.	5 opinions · latest 2020
Georgia	Official Code of Georgia Annotated § 35-3-34 — Disclosure and dissemination of criminal records to private…	15 opinions · latest 2024
Hawaii	Hawaii Revised Statutes, Chapter 378: EMPLOYMENT PRACTICES § 378-2.5 — Employer inquiries into conviction record	6 opinions · latest 2015
Idaho	Idaho Code § 67-3008 — Release of criminal history record information	—
Illinois	Illinois Compiled Statutes Chapter 775, Act 5 (Illinois Human Rights Act) § 2-103.1 — Conviction record	—
Indiana	Indiana Code, TITLE 22. LABOR AND SAFETY § 22-2-17-3 — Prohibition against political subdivision prohibiting an…	—
Iowa	Iowa Code, Chapter 692: CRIMINAL HISTORY AND INTELLIGENCE DATA § 692.2 — Dissemination of criminal history data — fees.	3 opinions · latest 1988
Kansas	Kansas Statutes Annotated, Chapter 22: CRIMINAL PROCEDURE § 22-4710 — Unlawful for employers to require certain acts; exceptions;…	—
Kentucky	Kentucky Revised Statutes, Chapter 335B: LICENSING AND PUBLIC EMPLOYMENT QUALIFICATIONS § 335B.020 — Disqualification from public employment or occupational…	—
Louisiana	Louisiana Revised Statutes § 23:291.2 — Criminal history; hiring decisions	—
Maine	Maine Revised Statutes, Title 26: LABOR AND INDUSTRY, Chapter 7: EMPLOYMENT PRACTICES § 600-A — Criminal history record information; employment application	2 opinions · latest 2026
Maryland	Maryland Code, Labor and Employment Article § 3-1503	—
Massachusetts	Massachusetts General Laws, Chapter 151B § 4 — Unlawful practices	—
Michigan	Michigan Compiled Laws § 37.2205a — Employer, employment agency, or labor organization; record…	—
Minnesota	Minnesota Statutes, Chapter 364: CRIMINAL OFFENDERS; REHABILITATION § 364.021 — PUBLIC AND PRIVATE EMPLOYMENT; CONSIDERATION OF CRIMINAL…	1 opinions · latest 2026
Mississippi	Mississippi Code of 1972 Annotated § 45-27-12 — Dissemination of certain criminal history record…	—
Missouri	Revised Statutes of Missouri, Title XXXIX (CONDUCT OF PUBLIC BUSINESS), Chapter 610 § 610.140 — Expungement of certain criminal records — definitions —…	15 opinions · latest 2026
Montana	Montana Code Annotated, Title 31 § 31-3-112 — Obsolete Information	—
Nebraska	Nebraska Revised Statutes, Chapter 48: LABOR § 48-202 — Public employer; applicant; disclosure of criminal record…	—
Nevada	Nevada Revised Statutes, Chapter 613: EMPLOYMENT PRACTICES § 613.330 — Unlawful employment practices: Discrimination on basis of…	—
New Hampshire	New Hampshire Revised Statutes Annotated, TITLE VII SHERIFFS, CONSTABLES, AND POLICE OFFICERS, CHAPTER 106-B THE STATE POLICE § 106-B:14 — Criminal Records, Reports; National Crime Prevention and…	—
New Jersey	New Jersey Statutes (Unannotated) § 34:6B-14 — Prohibited actions by employer during initial employment…	—
New Mexico	New Mexico Statutes Annotated 1978, Chapter 28 § 28-2-3.1 — Employment eligibility determination; private employers	—
New York	New York Correction Law § 752 — Unfair discrimination against persons previously convicted…	105 opinions · latest 2026
North Carolina	North Carolina General Statutes, Chapter 93B: Occupational Licensing Boards. § 93B-8.1 — Use of criminal history records	—
North Dakota	North Dakota Century Code § 12.1-33-02.2 — Public employment - Consideration of criminal record	—
Ohio	Ohio Revised Code, Chapter 9: Miscellaneous § 9.73 — Public employer inquiries regarding criminal background	—
Oklahoma	Oklahoma Statutes, Title 74: STATE GOVERNMENT § 150.9 — System of criminal history records - Fees for records or	—
Oregon	Oregon Revised Statutes, Chapter 659A: Unlawful Discrimination in Employment, Public Accommodations and Real Property Transactions; Administrative and Civil Enforcement § 659A.360 — Restricting criminal conviction inquiries; exceptions	—
Pennsylvania	Pennsylvania Consolidated Statutes Title 18 (Crimes and Offenses) § 9125 — Use of records for employment	24 opinions · latest 2026
Rhode Island	Rhode Island General Laws, Title 28: Labor and Labor Relations, Chapter 28-5: Fair Employment Practices § 28-5-7 — Unlawful employment practices	37 opinions · latest 2026
South Carolina	South Carolina Code of Laws, Title 23: LAW ENFORCEMENT AND PUBLIC SAFETY § 23-3-115 — Fees for criminal record searches; charitable…	—
South Dakota	South Dakota Codified Laws, Chapter 23-5: CRIMINAL IDENTIFICATION § 23-5-12 — Examination of own criminal history information--Written…	—
Tennessee	Tennessee Code Annotated § 8-50-112 — Announcement for employment for covered position —…	—
Texas	Texas Business & Commerce Code § 20.05 — REPORTING OF INFORMATION PROHIBITED	—
Utah	Utah Code, Title 53: Public Safety Code § 53-10-108 — Restrictions on access, use, and contents of division…	—
Vermont	Vermont Statutes Annotated, Title 21: Labor, Chapter 5: Employment Practices, Subchapter: FAIR EMPLOYMENT PRACTICES § 495j — Criminal history records; employment applications	—
Virginia	Code of Virginia, Title 19.2: Criminal Procedure § 19.2-392.15 — Prohibited practices by employers, educational…	—
Washington	Revised Code of Washington § 49.94.010 — Inquiries into employee or applicant criminal…	1 opinions · latest 2025
West Virginia	West Virginia Code § 15-2-24 — Criminal Identification Bureau; establishment; supervision;…	—
Wisconsin	Wisconsin Statutes, Chapter 111: Employment Relations § 111.335 — Arrest or conviction record; exceptions and special cases.	5 opinions · latest 2022
Wyoming	Wyoming Statutes, Title 7 - Criminal Procedure - Chapter 19: Criminal History Records - Article 1: In General § 7-19-106 — Access to, and dissemination of, information.	—

Each statute shown is the same adjudicated anchor its state guide renders, independently verified against primary sources. A dash means not yet adjudicated in our record — never that no law exists.

The Law Behind This Article

This article rests on the statutory provisions below, held in our own legal record and retrieved from the official source. Tap a section to read the operative text.

United States Code Title 15

§ 1681Congressional findings and statement of purposeIn forcecited in 14 of our articles

The Congress makes the following findings: The banking system is dependent upon fair and accurate credit reporting. Inaccurate credit reports directly impair the efficiency of the banking system, and unfair credit reporting methods undermine the public confidence which is essential to the continued functioning of the banking system. An elaborate mechanism has been developed for investigating and evaluating the credit worthiness, credit standing, credit capacity, character, and general reputation of consumers. Consumer reporting agencies have assumed a vital role in assembling and evaluating consumer credit and other information on consumers. There is a need to insure that consumer reporting agencies exercise their grave responsibilities with fairness, impartiality, and a respect for the consumer’s right to privacy.

Official text (excerpt) · last checked 2026-07-28 · Read the full text in our law library · Verify at uscode.house.gov

Cited in 3,711 court opinions in our collectionLatest citing opinion in our collection: 2026

In the courts (editorial summary, independently checked):Courts cite 1681(a)'s findings for the Act's purpose and decide under its operative sections. Spokeo, Inc. v. Robins (2016) held that a bare procedural FCRA violation divorced from concrete harm does not satisfy Article III, and TransUnion LLC v. Ramirez (2021) applied that rule to hold 6,332 class members lacked standing.

Opinions citing this section in our collection:

Spokeo, Inc. v. Robins (Supreme Court of the United States 2016, 578 U.S. 330)✓Robins alleged Spokeo's people-search profile carried false information about him and sued under the FCRA, 15 U.S.C. § 1681 et seq.; the Court held a bare procedural violation divorced from concrete harm does not satisfy Article III injury in fact, and remanded.
TransUnion LLC v. Ramirez (Supreme Court of the United States 2021, 594 U.S. 413)✓TransUnion flagged 8,185 consumers as potential matches to a Treasury terrorist list; suing under the FCRA, only the 1,853 whose misleading reports actually reached third parties were held concretely harmed, so the other 6,332 lacked Article III standing for damages.
Pintos v. PACIFIC CREDITORS ASS'N (Court of Appeals for the Ninth Circuit 2010, 605 F.3d 665)✓Police had Pintos's car towed and the towing company transferred its deficiency claim to a collection agency, which pulled her Experian report; the Ninth Circuit held § 1681b(a)(3)(A) gave no permissible purpose, since neither credit she sought nor a judgment debt was involved.

Identified automatically from the court opinions citing this section — not a ranking of which case controls.

Also relied on in: Employee Data Privacy: Employer Obligations by State (2026), How to Opt Out of Data Brokers (2026), FTC Fines Amazon $2.25 Million for Denying Identity-Theft Victims Their Fraud Records Under the FCRA

§ 1681aDefinitions; rules of constructionIn forcecited in 4 of our articles

Definitions and rules of construction set forth in this section are applicable for the purposes of this subchapter. The term “person” means any individual, partnership, corporation, trust, estate, cooperative, association, government or governmental subdivision or agency, or other entity. The term “consumer” means an individual. The term “consumer report” means any written, oral, or other communication of any information by a consumer reporting agency bearing on a consumer’s credit worthiness, credit standing, credit capacity, character, general reputation, personal characteristics, or mode of living which is used or expected to be used or collected in whole or in part for the purpose of serving as a factor in establishing the consumer’s eligibility for— credit or insurance to be used primarily for personal, family, or household purposes; employment purposes; or any other purpose authorized under section 1681b of this title.

Official text (excerpt) · last checked 2026-07-28 · Read the full text in our law library · Verify at uscode.house.gov

Cited in 1,008 court opinions in our collectionLatest citing opinion in our collection: 2026

Opinions citing this section in our collection:

Spokeo, Inc. v. Robins (Supreme Court of the United States 2016, 578 U.S. 330)“…ther purpose authorized under section 1681b of this title.” 15 U. S. C. §1681a(d)(1). 2 “The term ‘consumer reportin…”
Pintos v. PACIFIC CREDITORS ASS'N (Court of Appeals for the Ninth Circuit 2010, 605 F.3d 665)“…n need to meet section 1681b(c)’s special conditions. Title 15 U.S.C. § 1681a(m) defines “credit ... transaction that…”
Safeco Insurance Co. of America v. Burr (Supreme Court of the United States 2007, 551 U.S. 47)“…sed primarily for personal, family, or household purposes.” 15 U. S. C. §1681a(d)(1) (footnote omitted). The scope of…”