Arizona businesses work hard to build teams of employees who will help to protect their brands while accelerating the businesses’ success. Finding the right candidates can seem like a difficult process since some applicants will make inaccurate claims on their applications and resumes.
At iprospectcheck, we complete thousands of pre-employment background checks for Arizona employers across the state, including employers in Maricopa and Pima Counties and in major cities like Phoenix, Tucson, and Scottsdale.
To help you learn about the pre-employment background checking process in Arizona and the laws that apply, read this guide.
Key Takeaways
• In Arizona, employers can reduce liability risks, safeguard their reputation, and protect their employees and customers by conducting pre-employment background checks.
• Employment background checks investigate what an applicant has claimed on their resume or application and looks at the applicant’s criminal history, educational background, employment record, and other relevant details.
• Employers that intend to conduct background checks must comply with state and federal laws governing the process.
What Shows up on a Background Check in Arizona?
Arizona businesses can request multiple types of information on pre-employment background checks from iprospectcheck. The particular information you might see will depend on the information you request.
However, most employers in Arizona ask for criminal history, employment history, and educational information on their pre-employment background checks. Depending on the nature of your open jobs, other types of reports are also available.
Criminal history information
If a candidate has criminal convictions on his or her criminal record, the background report will include the following types of information about the offense:
- Type of offense
- Date of offense
- File date
- Offense level – misdemeanor or felony
- Disposition of the offense
- Disposition date
- Sentence information
Employment verification
Conducting employment verifications can help you to determine whether your applicants have been truthful in their applications. You will see all of your applicants’ former employers, their employment dates at each company, and the positions that they held.
Verifying your applicants’ employment histories helps to ensure you hire honest employees who have the right experience for your positions.
Education verification
Many jobs require applicants to hold specific degrees or certifications. When you verify your applicants’ educational histories, your reports will include the names of all of the schools they attended, their dates of attendance, and any degrees or certifications they earned.
How to Get a Background Check in Arizona
1. Draft an Effective Background Check Policy
Draft an effective background check policy before you begin conducting them.
Include information about the types of searches you will perform for different positions and steps HR must take to comply with relevant laws.
2. Train Human Resources Personnel
Thoroughly train your HR personnel so they understand the laws they must follow while conducting background checks.
Address the steps they must take to avoid exposing your company to potential civil violations, penalties, and liability.
3. Partner with a Reputable Provider
The value of your background checks depends on your choice of a provider.
Choose a reliable background check provider like iprospectcheck that always returns accurate, detailed, FCRA-compliant, and current reports.
4. Be Smart in Timing Your Background Checks
If you’re not a public employer in Arizona, the current state and local ban-the-box laws don’t apply to you.
However, it makes sense to wait until later in the hiring process to conduct background checks.
Waiting until after you have narrowed your list to finalists will save your company money.
5. Follow the Notice and Consent Rules
The FCRA’s notice and consent rules require you to notify applicants and employees that you conduct background checks.
This notice must be on a standalone form that shouldn’t include extraneous information.
You also must obtain your applicants’ and employees’ signed consent before starting background checks.
6. Review and Communicate the Results
When you receive a background check report, review it to determine your candidate’s suitability.
If you are satisfied, you can move forward by scheduling them for onboarding and a start date.
7. Complete an Individual Assessment
If a candidate’s report reveals they have a criminal conviction, assess it as it relates to the job’s duties and any impacts on workplace safety before deciding not to hire them because of the offense.
8. Follow the Adverse Action Steps
If you don’t want to hire a candidate because of negative information contained in their background check, the FCRA requires you to complete the following adverse action steps:
- Send a pre-adverse action letter to the candidate and enclose a copy of the report with the negative information highlighted.
- Provide a reasonable response time, which is generally considered five business days. The applicant can submit evidence the negative information is inaccurate or that they have been rehabilitated since it occurred.
- Send a final adverse action notice if you decide against hiring the applicant based on the information. Include a copy of their FCRA rights.
Important Laws and Regulations for 2025
Before running a background check, you’ll want to familiarize yourself with the laws and policies concerning employers’ and candidates’ rights during this process.
Specifically, it is important to become familiar with the Fair Credit Reporting Act (FCRA), the Gilberg v. Cal. Check Cashing Stores ruling, and the Arizona Civil Rights Act.
Federal Laws
FCRA
The Fair Credit Reporting Act is a federal regulation with specific policies regarding employment background checks in Arizona. According to the FCRA, employers who choose to run an employment background check on a potential employee must inform the candidate ahead of time, in writing, that they will be running their background report.
If an employer partners with a third-party background check company like iprospectcheck to help with the background check process, the employer will also need to provide the candidate with the background check company’s information.
Lastly, if an employer decides to take adverse action and use the information found on a background check as grounds to not hire a candidate for the job, there are three steps that must be followed in order to stay complaint.
- You must provide the applicant with a pre-adverse action letter, informing them that you will not hire them for the intended position due information disclosed on their background check report.
- You must wait a reasonable amount of time—with a suggestion of five working days—before sending the official adverse action letter. This allows the candidate time to dispute or correct any information on their background check.
- If the candidate issues a response to the pre-adverse action letter and takes the steps necessary to amend their background report, and you still choose not to hire them, you must send the official adverse action letter.
In all these steps, consent and authorization are key, as well as clear language and appropriate timing.
Title VII
In 1964, Congress passed Title VII of the Civil Rights Act, which prohibits discrimination in the workplace based on the protected characteristics of applicants and employees, including race, national origin, sex, color, pregnancy status, disability, religion, and others. The Equal Employment Opportunity Commission (EEOC) is the federal agency that is tasked with enforcing this law and creating regulations under it.
In the context of pre-employment background checks, Title VII covers situations in which criminal history information is reported on pre-employment background checks. According to guidance issued by the EEOC about how employers should treat arrest and conviction information, Arizona employers should consider that type of information on an individual basis in relation to the particular position for which the applicant has applied.
Employers must complete this individual assessment before deciding against hiring the applicant based on the criminal history information in a background report.
Fair Chance to Compete for Jobs Act
In Dec. 2019, former President Donald Trump signed the Fair Chance to Compete for Jobs Act (FCA) as a part of the Fiscal Year 2020 National Defense Authorization Act.
The FCA is a federal fair chance hiring law that applies to companies contracting with the federal government and federal agencies that award federal contracts.
Federal contractors can’t inquire about an applicant’s criminal history on their applications or at any time during the hiring process until after they have made a conditional job offer.
Federal agencies are prohibited from contracting with companies that ask about criminal history earlier in the hiring process than the FCA allows.
State Laws
Gilberg v. Cal. Check Cashing Stores
The Gilberg v. Cal. Check Cashing Stores ruling applies to all states in the ninth circuit, which includes Arizona. The verdict in this case ruled that employers in California—along with other ninth circuit states, such as Arizona—must provide applicants with two standalone forms prior conducting pre-employment background screenings.
The first form must include the information required by the Fair Credit Reporting Act as mentioned above. The second is disclosure and consent under specific state laws in the ninth circuit.
These two separate forms must be written with clear and simple language which any individual undergoing the background check process can easily understand.
Arizona Civil Rights Act
Arizona has the Arizona Civil Rights Act, which focuses on discrimination and protection for candidates. The overall goal of this act is to prevent discrimination during the hiring process. Specifically, an employer cannot discriminate against a potential employee based on their race, color, religion, sex, age, disability, including medical exams and inquiries, or national origin.
However, according to the Arizona Civil Rights Act, employers can inquire about a candidate’s prior conviction(s), including where and when the crime took place, as well as the final disposition of the case. However, this can long longer be a question on the initial application—more on this in a moment.
If an employer chooses to discuss an applicant’s criminal background, they must clearly state that the information provided by the candidate about the conviction will not be used, individually, as a factor to deny employment. These policies are set in place to give those with a criminal history a fair chance when seeking employment.
2020 Senate Bill 1504
Arizona SB 1504 was passed into law on Aug. 25, 2020. This law created stricter requirements for childcare employment background checks in the state.
All of the required background checks must be completed before the employment start date and every five years after. Covered employers include the following:
- Childcare resource and referral agencies
- DES certified home childcare providers
- DHS certified group homes
- DHS licensed childcare centers
Under this law, operators, owners, applicants, volunteers, and any family members in home-based childcare centers are required to submit fingerprints. The fingerprints will then be submitted for a national FBI fingerprint check, a search of the Department of Public Safety for state criminal records, and NCIC national sex offender registry search, and an Arizona sex offender registry search.
Searches will also be performed through the Arizona Child Abuse and Neglect Registry, criminal history databases from all states in which the person previously lived, sex offender registry searches from states of prior residence, and child abuse and neglect registries from states of prior residence.
Disqualifying offenses include any that are listed in ARS § 41-7158.07, including convictions and pending charges for attempted offenses, solicitation, conspiracy, or facilitation to commit one of these crimes.
Arizona SB 1294
Arizona SB 1294 was effective on Jan. 1, 2023.
This law applies to individuals with criminal records that could appear on employment background checks.
Under this law, people can ask the court to seal their records once they have completed their sentences.
They can also seal arrest and court records for offenses that were subsequently dismissed or resolved in acquittals.
Expungement of Marijuana Convictions
The passage of recreational marijuana in Arizona in Nov. 2020 brought several changes to the state’s criminal laws, including a process for expunging certain old marijuana convictions.
Under ARS 36-2862, anyone with a conviction, adjudication, or arrest for a marijuana offense involving the possession of less than two ounces of marijuana, cultivation of six or fewer plants, and other similar offenses that would now be legal under the state’s current recreational marijuana laws can request expungement.
The effect of expungement is the removal of the conviction from the applicant’s record. An expunged criminal record can’t be reported, and employers can’t ask about it or use it for employment decisions.
State Ban-the-Box Law for Public Employers
Under 2017 Exec. Order No. 2017-07, Arizona has a statewide ban-the-box law for state agencies.
State employers can’t ask about criminal history on job applications or conduct criminal history checks until after the initial interview.
However, agencies hiring for jobs requiring criminal background checks under state or federal law are exempted.
Local Laws
Glendale Ban-the-Box Law for Public Employers
Glendale has a ban-the-box law for city employers.
It doesn’t ask for criminal history information on job applications, and the city’s policy is to wait until after a conditional job offer to conduct criminal background checks.
The city also imposes a seven-year restriction on the reporting of convictions.
Maricopa County Ban-the-Box Law
Under Maricopa County HR2435, county employers must wait to conduct criminal background checks until after they have extended conditional employment offers.
There are some exceptions to this general rule, including jobs in public safety, those involving making policy decisions, health-related jobs, positions with major authority, and those involving fiduciary duties or access to finances.
Phoenix Ban-the-Box Law
Phoenix has a ban-the-box ordinance found at Phoenix A.R. 2.81 revised that applies to municipal employers.
The city’s employers must wait until after they make conditional employment offers before they can complete criminal background checks.
This ordinance also places a seven-year reporting restriction for convictions.
Pima County Ban-the-Box Law
Pima County passed a ban-the-box law in 2015 with Resolution No. 2015-80 that applies to county employers.
Under this rule, county employers can’t ask about criminal history on their applications and must wait until later in the hiring process to conduct criminal background checks.
Tempe Ban-the-Box Law
Tempe has a ban-the-box rule found at Tempe Personnel Rule 3 Sect. 301(F) that applies to public employers.
Applicants can’t be asked about criminal history until the interview stage. After that, they complete a criminal history questionnaire.
Upon a candidate’s acceptance of a job offer, they must undergo a fingerprint-based background check.
Know Before You Hire
Is Arizona a Felony-Friendly State?
The decision to no longer inquire about criminal history on job applications in Arizona, has made them one of the 35 states that “Ban the Box.”
This means that Arizona employers can no longer ask an applicant about their criminal history on a job application. While this requirement is only for the public sector and has no hold on private companies, the “Ban the Box” policy makes Arizona a more felony friendly state.
It offers a fair chance for individuals to prove their ability to perform job functions without the knowledge of their criminal history automatically lessening their chances of getting hired for the job. “Ban the Box” provides protection for job seekers with a criminal background, allowing them to show who they are now before an employer looks into their past.
However, this does not mean the information will never be known by the employer. Employers still have a right and responsibility to run an employment background check in Arizona.
While they’ll need to follow the appropriate reporting guidelines as set forth by the FCRA that were mentioned earlier, criminal background checks are permitted.
iprospectcheck: Your Employment Background Check Partner of Choice
Background checks are a vital step in the hiring process, and iprospectcheck is here to ensure you remain compliant while obtaining all the information you need to make the right hire every time.
Are you ready to obtain the most accurate and comprehensive information regarding your candidate’s history? Not all Arizona background checks are created equal, and you deserve the best experience for your candidate and company.
At iprospectcheck, we are dedicated to ensuring you and your potential employees receive high-quality customer service during the entire background check process.
Contact us today to schedule a complimentary consultation.
DISCLAIMER: The resources provided here are for educational purposes only and do not constitute legal advice. Consult your counsel if you have legal questions related to your specific practices and compliance with applicable laws.
FAQs
How Far Back Does a Background Check Go in Arizona?
Every state is required to follow the regulations set forth in the Fair Credit Reporting Act regarding how far back pre-employment background check reports go. The FCRA’s magic number is seven. According to the Fair Credit Reporting Act (FCRA), reports cannot include records of arrest of a crime which does not result in a conviction that is more than seven years old.
But–this is not without exception.
The seven-year rule does not apply to candidates whose potential annual salary is greater than $75,000, as well as those who are being hired as federal contractors or for executive and management positions.
And while there are specific instances in which the FCRA allows states to extend the seven-year guideline, particularly in regard to hiring employees to work in the medical or educational fields, Arizona abides by the seven-year rule.
Yes, though Arizona background checks go back seven years, in some cases, those with a criminal record have the right to appeal to a judge to have their conviction set aside.
While this does not completely remove a felony or misdemeanor from a background check report, it does note on the report that the conviction has been set aside by a judge. This note informs employers that the candidate completed the necessary steps of their probation or sentence.
How Much does an AZ Background Check Cost?
When you want to complete pre-employment background checks in Arizona for your business, you will most likely not be able to secure criminal history information from the state as previously described.
Searching online might identify a number of providers that claim to provide free background checks. However, you should treat these providers with caution. Most will not provide reliable or complete information, and the reports you receive may be riddled with inaccuracies and fail to comply with the FCRA and other laws.
When you work with iprospectcheck, we offer several packages as well as some custom add-ons. If you anticipate ordering between 25 and 50 background checks each year, the cost for a basic pre-employment background check is $24.95. This background check includes the following information:
- Identity verification
- National criminal history search
- Sex offender search
The standard background check costs $49.95 each and includes the following information:
- Identity verification
- National criminal history search
- Sex offender search
- Global terrorist search
- Seven-year county criminal records search
Finally, our premium pre-employment background checks cost $79.95 each. They include everything in the standard background check package as well as the following additional types of information:
- Education verification
- Employment verification
We also offer many add-on checks that you choose to meet your needs. If you anticipate ordering more than 50 pre-employment background checks each year, you can call us for a custom quote.
How Long Do Background Checks Take in Arizona?
How long it might take for you to complete a background check will depend on how you go about conducting it. If you are authorized under state law to obtain criminal record information from the state, it can take a couple of weeks. However, the information will not include anything about your applicants’ employment or educational histories.
If you try to search online and through court records, the process can be extremely time-consuming and waste your time. You can anticipate this method of searching to take weeks and to return incomplete and potentially inaccurate information.
When you work with a provider like iprospectcheck, you can receive your results very quickly in most cases. Our background check reports can come to you within one to two days, depending on your requested information.
However, COVID-19 has forced courts to close and caused other delays. If we encounter an unavoidable delay, we will promptly notify you to keep you fully informed about the process.
County Resources
Apache County
Apache County is located in eastern Arizona and runs along the state’s border. The county is named after the Apache people. The county seat is St. Johns. The county has a population of around 66,000 people.
Apache County public records and information resources:
Cochise County
Cochise County is located in the southeastern corner of Arizona and is named after an Apache chief. The county seat is Bisbee. The county has a population of around 125,700 people.
Cochise County public records and information resources:
Coconino County
Coconino County is located in north-central Arizona and is named after the former name of the Havasupai people. The county seat is Flagstaff. The county has a population of around 145,100 people.
Coconino County public records and information resources:
Gila County
Gila County is located in central Arizona and is named after the Gila River. The county seat is Globe. The county has a population of around 53,200 people.
Gila County public records and information resources:
Graham County
Graham County is located in southeastern Arizona and is named after Mount Graham. The county seat is Safford. The county has a population of around 38,500 people.
Graham County public records and information resources:
Greenlee County
Greenlee County is located in southeastern Arizona on the state’s border and is named after Mason Greenlee, a prospector. The county seat is Clifton. The county has a population of around 9,300 people.
Greenlee County public records and information resources:
La Paz County
La Paz County is located in southwestern Arizona along the border and translates from Spanish as “The Peace”. The county seat is Parker. The county has a population of around 16,500 people.
La Paz County public records and information resources:
Maricopa County
Maricopa County is located in south-central Arizona and is named after the Maricopa people. The county seat is Phoenix. The county is the most populous in Arizona with a population of around 4,420,600 people.
Maricopa County public records and information resources:
Mohave County
Mohave County is located in the northwestern corner of Arizona and is named after the Mohave people. The county seat is Kingman. The county has a population of around 213,300 people.
Mohave County public records and information resources:
Navajo County
Navajo County is located in northern Arizona and is named after the Navajo people. The county seat is Holbrook. The county has a population of around 106,700 people.
Navajo County public records and information resources:
Pima County
Pima County is located in south-central Arizona along the state’s border. The county is named after the Pima people. The second-most populous county in Arizona, Pima County has a population of around 1,043,400 people.
Pima County public records and information resources:
Pinal County
Pinal County is located in central Arizona and is named after Pinal Peak. The county seat is Florence. The county has a population of around 425,300 people.
Pinal County public records and information resources:
Santa Cruz County
Santa Cruz County is located in southern Arizona along the state’s border with Mexico. The county seat is Nogales. The county has a population of around 47,700 people.
Santa Cruz County public records and information resources:
Yavapai County
Yavapai County is located in central Arizona and is named after the Yavapai people. The county seat is Prescott. The county has a population of around 236,200 people.
Yavapai County public records and information resources:
Yuma County
Yuma County is located in the southwestern corner of Arizona and is named after the former name of the Quechan people. The county seat is Yuma. The county has a population of around 203,900 people.
Yuma County public records and information resources:
