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Utah background check laws for employers
Utah's ban-the-box rule covers only public employers, so most private employers have no state limit on when they ask about criminal history. One narrow private-employer rule applies when hiring licensed mental health professionals, and applicants for private jobs may answer questions about expunged records as if they never happened. No Utah law limiting credit checks or setting a criminal record lookback period was found.
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Fair-chance hiring (criminal history)
- Utah's general ban-the-box rule covers only public employers, which may not require disclosure of convictions on the application or before an initial interview (Utah Code § 34-52-201).
- Private employers hiring a licensed mental health professional may not require disclosure of arrests before age 18, juvenile adjudications, or expunged offenses on the application, before the first interview, or before a conditional offer if there is no interview (Utah Code § 34-52-302(1)-(2)).
- That rule does not apply when law requires considering criminal history, or to employers in the criminal or juvenile justice system, employers seeking volunteers, employers working with children or vulnerable adults, or employers mainly doing financial or fiduciary work (Utah Code § 34-52-302(4)).
- For that rule, a private employer is any person with one or more employees (Utah Code § 34-52-102(5)).
- No Utah law requiring private employers to do an individualized assessment or give extra notices beyond federal FCRA was found (Utah Code ch. 34-52).
City and county rules
- No Salt Lake County ordinance limiting private employers' criminal history questions was found in the county code (Municode, searched Oct. 2026).
State consumer report rules
- No Utah statute adding employer disclosure or consent steps for background checks beyond federal FCRA was found (Utah Code reviewed).
How far back a report can go
- Applicants for private jobs may answer a question about an expunged criminal or juvenile record as though it never occurred (Utah Code § 34-52-301).
- After an expungement order, the person may respond to any inquiry as though the arrest or conviction did not occur, unless law or a court order says otherwise (Utah Code § 77-40a-401(5)).
- No Utah statute setting a time limit on criminal records in consumer reports was found (Utah Code reviewed).
Credit checks
- No Utah law limiting employer use of credit reports beyond federal FCRA was found (Utah Code reviewed).
Also good to know
- Covered health care providers may engage workers with direct patient access only if the worker has state certification for direct patient access, which requires a background check (Utah Code §§ 26B-2-238, 26B-2-239(2)).
Common questions
Can Utah employers run a background check?
Utah's ban-the-box rule covers only public employers, so most private employers have no state limit on when they ask about criminal history. One narrow private-employer rule applies when hiring licensed mental health professionals, and applicants for private jobs may answer questions about expunged records as if they never happened. No Utah law limiting credit checks or setting a criminal record lookback period was found.
Does Utah have a ban-the-box law for private employers?
Utah's general ban-the-box rule covers only public employers, which may not require disclosure of convictions on the application or before an initial interview (Utah Code § 34-52-201).
How far back does a background check go in Utah?
Applicants for private jobs may answer a question about an expunged criminal or juvenile record as though it never occurred (Utah Code § 34-52-301).
Can Utah employers run credit checks on applicants?
No Utah law limiting employer use of credit reports beyond federal FCRA was found (Utah Code reviewed).
Some rules for Utah weren't confirmed from an official source. Check with the state before relying on this page.
Sources
- Utah Code § 34-52-102 (official)
- Utah Code § 34-52-201 (official, eff. 5/7/2025)
- Utah Code § 34-52-301 (official)
- Utah Code § 34-52-302 (official, enacted 2023)
- Utah Code § 77-40a-401 (official)
- Utah Code § 26B-2-238 (official)
- Utah Code § 26B-2-239 (official)
- Salt Lake County Code (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.