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Arizona background check laws for employers

No Arizona law was found that limits when private employers may ask about or check criminal history. Arizona's consumer reporting law requires an employer that denies a job based on a consumer report to give the reporting agency's name and address on request. People with sealed records may generally say they were never arrested or convicted on job applications, with exceptions for some jobs.

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Fair-chance hiring (criminal history)

• No Arizona statute limiting when private employers may ask about or check criminal history was found in the Arizona Revised Statutes reviewed (A.R.S., reviewed Oct. 2026).

City and county rules

• No Tempe or Mesa ordinance limiting private employers' criminal history questions was found in those city codes (Municode, searched Oct. 2026).

State consumer report rules

• An employer that denies a job, promotion, or retention, or reassigns someone, based on a consumer report must, when the person shows ID, give the name and address of the consumer reporting agency (A.R.S. § 44-1693(A)(3)).
• Employers may not ask or require a consumer to waive rights under the state law (A.R.S. § 44-1693(D)).
• A consumer denied employment because of a report gets a free file disclosure from the agency if requested within 30 days (A.R.S. § 44-1693(D)).
• A user of a consumer report that is grossly negligent, or acts willfully and maliciously to harm the consumer, can be liable for actual and punitive damages (A.R.S. § 44-1695(C)).

How far back a report can go

• No Arizona time limit on criminal records in consumer reports was found in the state consumer reporting law (A.R.S. §§ 44-1691 to 44-1697).
• A person whose records are sealed may say they were never arrested, charged, or convicted of that crime, including on job applications (A.R.S. § 13-911).
• Exceptions include jobs that need a fingerprint clearance card and certain crimes tied to certain jobs, such as theft or burglary for in-home work, or DUI-type offenses for driving jobs (A.R.S. § 13-911).
• People with certain past marijuana offenses, such as possessing 2.5 ounces or less, may petition to have those records expunged (A.R.S. § 36-2862(A)).
• A court may set aside a conviction and issue a certificate of second chance, which gives the employer the legal protections in A.R.S. § 12-558.03 (A.R.S. § 13-905).

Credit checks

• No Arizona law limiting employer use of credit reports beyond federal FCRA was found (A.R.S. §§ 44-1691 to 44-1697 reviewed).

Also good to know

• Employees who give care in residential care institutions, nursing care institutions, and home health agencies must have a valid fingerprint clearance card or apply for one within 20 working days of starting (A.R.S. § 36-411(A)).

Common questions

Some rules for Arizona weren't confirmed from an official source. Check with the state before relying on this page.

Sources

• A.R.S. § 44-1691 (official, azleg.gov)
• A.R.S. § 44-1692 (official)
• A.R.S. § 44-1693 (official)
• A.R.S. § 44-1695 (official)
• A.R.S. § 13-911 (official)
• A.R.S. § 13-905 (official)
• A.R.S. § 36-2862 (official)
• A.R.S. § 36-411 (official)
• Tempe and Mesa city codes (Municode, searched)

This page summarizes state law in plain words, with links to the law itself. It is not legal advice, and laws change: check the linked source, and talk to a lawyer about your own policy. Federal DOT testing rules are separate and override state limits for DOT-covered jobs. Checked October 2026.

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