Arizona State Background Check Laws

In November 2017, the Arizona governor issued Executive Order 2017-07, which prohibited certain state agencies from running background checks on job applicants until after they have submitted a job application and had an initial interview.

Exceptions are made for positions where state or federal law prohibits people who have committed certain offenses from holding those positions.

Glendale, AZ

In September 2015, the City of Glendale banned the box on City job applications. Background checks will only be conducted after a conditional offer of employment has been extended to an applicant. Additionally, background checks can only provide data on convictions that occurred seven years or less prior to the date of the request.

Maricopa, AZ

In December 2017, the Maricopa County Board of Supervisors unanimously approved a HR policy (HR2435), which would delay background checks until after a conditional offer of employment is accepted by the applicant. An applicant may not begin work on their new job until after they have successfully passed the background check.

If the background check reveals negative information and the potential employer contemplates taking adverse action, the employer must meet all FCRA requirements.

Phoenix, AZ

In April 2016, the City of Phoenix effectively banned the box, by moving any disclosure of past criminal history from the City job application process to the final interview stage. Evaluation of the background checks obtained will be done by individualized assessments, using the EEOC criteria.

Only convictions that predate the background check request by seven years or less will be considered during the hiring process.

If adverse action is contemplated, the job applicant will be provided with a pre-adverse action notification letter and then will have ten calendar days to dispute the information or provide mitigating circumstances to the CRA that prepared the initial background check report.

Pima County, AZ

In November 2015, Pima County’s Board of Supervisors passed a resolution banning the box from County employment applications, with the exception of certain career fields. Background checks will be conducted at a later stage in the hiring process.

Tempe, AZ

In August 2016, the City of Tempe Merit System Board approved changes to the City’s hiring rules, banning the box from City job applications. After the initial interview stage, when the job applicant has been notified that they are a finalist for the position, they will be asked about their criminal conviction history, and be asked to fill out a “criminal background questionnaire.”

Successful candidates will have fingerprint background checks performed on them when they accept City employment.

Tucson, AZ

In August 2014, the City of Tucson made a commitment to ban the box from City job applications. In March 2015, the Tucson mayor and city council adopted a resolution that directed the city to identify specific city positions that would require a background check.

Any background checks would be performed after a contingent employment offer was made. The background check reports would be individually assessed following the EEOC criteria.

Cities Include: Phoenix, Tucson, Mesa, Chandler, Gilbert, Glendale, Scottsdale, Tempe, Peoria and more.

Note: This information is not intended to be legal advice. Please consult with your own legal counsel for advice related to your state/locality.