Arizona Background Check Laws (2026 Guide)

Arizona regulates background checks through a combination of federal Fair Credit Reporting Act rules and state statutes. Arizona has no statewide Ban the Box law for private employers. The state's only Ban the Box measure, Executive Order 2017-07, applies to state agency hiring only, though ARS 13-904(E) separately bars public employers from disqualifying an applicant solely because of a prior conviction, and further relief is available under ARS 13-905 and ARS 13-911.

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 November 2017, Governor Doug Ducey signed Executive Order 2017-07, establishing Arizona as a "Second Chance Employer." The order applies only to State Agencies as defined in ARS 41-741(15). Covered agencies cannot ask about criminal history on the initial job application, and a criminal record cannot disqualify an applicant from receiving an interview. A state agency may inquire into criminal history only after the applicant has submitted an application and completed an initial interview.

Arizona has no statewide Ban the Box statute covering private employers. Executive Order 2017-07 encourages, but does not require, private employers operating in Arizona to voluntarily adopt similar Second Chance Box policies. The order confers no private legal right or remedy and cannot be used as the basis for a legal challenge. That is a limitation of the executive order specifically, not of Arizona law generally: applicants for public employment have a separate statutory protection under ARS 13-904(E), described below.

Public Employment Protection (ARS 13-904(E))

Executive Order 2017-07 governs the timing of the question. A separate statute governs the decision itself. Under ARS 13-904(E), a person "shall not be disqualified from employment by this state or any of its agencies or political subdivisions solely because of a prior conviction for a felony or misdemeanor within or without this state." Employment may be denied "by reason of the prior conviction for a felony or misdemeanor if the offense has a reasonable relationship to the functions of the employment sought."

This is the one Arizona statute that directly restricts a criminal-record-based hiring decision, and it reaches every state agency, county, and city employer in Arizona. Two limits matter:

• Subsection F makes subsection E inapplicable to any law enforcement or probation agency.
• Subsection G routes complaints about a violation of subsection E through the procedures in title 41, chapter 6 and title 12, chapter 7, article 6, rather than leaving them to an ordinary civil suit.

ARS 13-904(E) does not apply to private employers. A private employer in Arizona may decline to hire based on a conviction without meeting a reasonable-relationship standard, subject only to federal FCRA procedure and federal anti-discrimination law.

Scope and Exemptions Under Executive Order 2017-07

Executive Order 2017-07 applies only to entities meeting the definition of "State Agency" in ARS 41-741(15). It does not apply to state governmental units outside that definition or to offices headed by a statewide elected official, though those entities and private employers are encouraged to adopt similar policies voluntarily. Even at a covered state agency, the order allows an inquiry into criminal history at the initial application stage, and disqualification on that basis, where a state or federal law bars a person with that record from holding the job.

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 Reports in Hiring Decisions

Arizona has no statute limiting which positions an employer may use a credit report for. ARS 44-1692 is part of Arizona's mini-FCRA framework; it governs when a consumer reporting agency may furnish a report at all, such as under a court order, at the consumer's written instruction, or for a permissible purpose like a credit transaction, employment, insurance, or licensing decision. The statute expressly permits furnishing for employment purposes.

Whatever position a credit report is used for, the employer must obtain the applicant's written consent before ordering the 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.

Who cannot petition at all. ARS 13-905(P) provides that the section does not apply to a person convicted of any of the following:

• A dangerous offense
• An offense for which the person is required or ordered by the court to register under ARS 13-3821
• An offense for which there has been a finding of sexual motivation under ARS 13-118
• A felony offense in which the victim is a minor under fifteen years of age

The fourth category is broader than it first appears: it reaches any felony with a victim under fifteen, not only the offenses enumerated as dangerous crimes against children. "Dangerous crime against children" is a defined term that operates as a bar to record sealing under ARS 13-911, and it is not the standard used in ARS 13-905(P).

Penalties that survive a granted set-aside. Under ARS 13-905(D), even when the court grants the petition, the order does not release the person from penalties imposed by:

• The Department of Transportation under ARS 28-3304, 28-3305, 28-3306, 28-3307, 28-3308, 28-3312 or 28-3319
• The Game and Fish Commission under ARS 17-314 or 17-340
• A lifetime injunction issued under ARS 13-719

A set-aside conviction may also still be used as a prior conviction, alleged as an element of an offense, and pleaded and proved in a later prosecution (ARS 13-905(E)), and the Board of Fingerprinting may still consider it when evaluating a fingerprint clearance card application (ARS 13-905(G)(2)).

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.

Who receives a certificate (ARS 13-905(K)):

• Misdemeanors: the certificate is included in the set-aside order with no elapsed-time requirement
• Class 4, 5, or 6 felonies: at least 2 years after fulfilling the conditions of probation or sentence
• Class 2 or 3 felonies: at least 5 years after fulfilling the conditions of probation or sentence

A person who has already received a Certificate of Second Chance on the set-aside of a felony conviction is not eligible for another one, and multiple felony convictions arising from the same act or course of conduct count as one for that purpose (ARS 13-905(L)). If the court does not include the certificate in the set-aside order, the person may apply for it separately once the requirements above are met (ARS 13-905(N)).

What the certificate does (ARS 13-905(M)):

• Releases the holder from all barriers and disabilities in obtaining an occupational license issued under title 32 that resulted from the conviction, if the person is otherwise qualified, unless specifically excluded by the statute
• Gives an employer the protections of ARS 12-558.03
• Gives a person or entity that provides housing the evidentiary protections of ARS 12-558.03(B)
• Is expressly not a recommendation, sponsorship, or promotion of the holder when applying for a license, employment, or housing

Employer Protections Under ARS 12-558.03

For employers, the certificate confers the protections in ARS 12-558.03. Under subsection A, an employer is not liable for hiring an employee or contracting with an independent contractor who was previously convicted of a criminal offense. Under subsection B, in a negligent hiring action brought on some other theory of liability, the fact that the worker was convicted before the employment or contract began may not be introduced into evidence.

These are meaningful protections, but they are not an absolute shield, and an employer should understand the limits before relying on them:

• Violent and sexual offenses are outside the statute entirely. ARS 12-558.03(F)(1) defines "criminal offense" for this section as any criminal offense except violent offenses and sexual offenses.
• Inadequate supervision claims survive. Subsection C preserves an existing cause of action for failure to provide adequate supervision, and the conviction may be introduced into evidence if the employer knew of it or was grossly negligent in not knowing of it, and the conviction was directly related to the nature of the work and to the conduct that gave rise to the alleged injury.
• Three categories of claim are excluded outright. Under subsection D the protections do not apply to a claim based on misuse of another person's money or property by a worker with a prior fraud or misuse conviction hired into a role where a fiduciary responsibility was foreseeable; misappropriation of money by a worker hired as an attorney who had such a prior conviction; or a violent offense or improper use of excessive force by a worker hired as a law enforcement officer or security guard.

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 generally state on employment, housing, and financial aid applications that they have never been arrested for, charged with, or convicted of the sealed offense. ARS 13-911(I)(5) lists 11 exceptions where disclosure is still required, including applications for a fingerprint clearance card, positions with a law enforcement agency, prosecutor's office, court, probation department, or child welfare agency, jobs supervising minors or vulnerable adults after certain offenses, jobs involving financial or property access after certain offenses, and situations where disclosure is otherwise required by state or federal law.

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.

Certificate of Second Chance and Housing Providers

A Certificate of Second Chance reaches housing as well as employment. Under ARS 13-905(M)(3), the certificate provides a person or entity that provides housing to the holder with the same protections limiting the introduction of evidence that ARS 12-558.03(B) gives an employer. In practical terms, a conviction that predates the tenancy generally may not be introduced into evidence against the housing provider in a suit arising from renting to the certificate holder. ARS 13-911(I)(6) extends comparable evidentiary protection in connection with sealed records.

As with the employer protections, the shield tracks ARS 12-558.03, so it does not extend to violent offenses or sexual offenses, which fall outside that statute's definition of "criminal offense."

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 disqualification standard is not an open-ended balancing test. Under subsection D, the agency may find the record disqualifying only if it concludes that the state has an important interest in protecting public safety superior to the person's right and one of two conditions is also met:

• The person was convicted of a felony, a violent crime as defined in ARS 13-901.03, or an offense in title 13, chapter 20, 21 or 22 or ARS 13-2310 or 13-2311 where the license is for an occupation in which the applicant would owe a fiduciary duty to a client; the conviction occurred within three years before the petition, excluding any time imprisoned in the custody of the state department of corrections; and the conviction has not been set aside or sealed.
• The person was convicted, at any time, of an offense that a law specifically requires the agency to consider, or of a dangerous offense as defined in ARS 13-105, a serious offense as defined in ARS 13-706, a dangerous crime against children as defined in ARS 13-705, or an offense in title 13, chapter 14 or 35.1, in each case where the conviction has not been set aside or sealed.

Subsection E adds a heightened burden of proof. To reach the public safety conclusion, the agency must determine by clear and convincing evidence both that the specific offense substantially relates to the occupation or would pose a reasonable threat to public health and safety, and that the person is more likely to reoffend by virtue of holding the license than without it, judged against the nature of the offense, the time since it was committed, and any evidence of rehabilitation or treatment.

Subsection F bars the agency from considering several things against an applicant at all: non-conviction information, including deferred adjudication, diversion program participation, and arrests not followed by a conviction; a conviction that has been sealed, dismissed, expunged, or pardoned; a juvenile adjudication; a nonviolent misdemeanor; and whether the person would qualify for a fingerprint clearance card without a good cause exception. Subsection J removes subsection D and most of subsection F from any law enforcement agency and the Arizona Peace Officer Standards and Training Board, among other listed exceptions.

If the agency does disqualify the applicant, it must issue a written determination within 90 days with findings of fact and conclusions of law, 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 final determination of the initial petition.

A Certificate of Second Chance is a separate route to the same goal. Under ARS 13-905(M)(1), the certificate releases the holder from all barriers and disabilities in obtaining an occupational license issued under title 32 that resulted from the conviction, if the person is otherwise qualified and the statute does not specifically exclude the license. A set-aside or sealing also matters directly to a 41-1093.04 petition, because both of the subsection D categories require that the conviction have not been set aside or sealed.

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: Executive Order 2017-07 adds state-agency-only restrictions on when criminal history inquiries can occur; private Arizona employers are not covered by a state Ban the Box law and follow only FCRA timing and consent requirements.
• Public employment decisions: ARS 13-904(E) is a substantive rule rather than a timing rule. It bars the state, its agencies, and its political subdivisions from disqualifying a person solely because of a prior conviction, and allows denial only where the offense has a reasonable relationship to the functions of the employment sought. Law enforcement and probation agencies are exempt under subsection F.
• Credit reports: ARS 44-1692 governs when a consumer reporting agency may furnish a report at all and expressly permits employment-purpose furnishing; it does not add job-category restrictions beyond FCRA consent and adverse action 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, Executive Order 2017-07 prevents state agencies from asking about convictions until after the initial interview, and ARS 13-904(E) limits what a public employer may do with the answer; private employers are not bound by either rule.

Recent Changes and Developments

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

• 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.
• 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.

Sources and References