At-a-Glance Compliance Overview

State Mini-FCRA Laws

Arizona does not maintain a comprehensive consumer reporting statute comparable to the “mini-FCRA” laws adopted in states such as California, Colorado, or Massachusetts.

Employment background checks obtained from consumer reporting agencies are therefore governed primarily by the federal Fair Credit Reporting Act (15 U.S.C. §1681 et seq.).

Employers using third-party background screening providers must comply with federal requirements, including:

• providing a clear written disclosure before obtaining a consumer report
• obtaining written authorization from the applicant or employee
• providing pre-adverse action and adverse action notices when information in a consumer report influences an employment decision.

Criminal Record Reporting Rules

Arizona does not impose state-specific reporting limits on criminal records in employment background checks.

Convictions

Criminal convictions may generally be reported without time limitation under FCRA §605(a)(5).

Non-Convictions

Under the Fair Credit Reporting Act, consumer reporting agencies generally may not report arrests, indictments, or other adverse non-conviction information that is more than seven years old.

Sealed Records

Arizona permits courts to seal certain criminal records under the Arizona Record Sealing Act, codified at:

A.R.S. §13-911

Eligible individuals may petition courts to seal certain:

• arrests
• dismissed charges
• certain non-violent convictions.

Once a record has been sealed by court order, it generally may not appear in employment background checks.

Set-Aside Convictions

Arizona also allows individuals to petition the court to set aside a conviction after completing their sentence under:

A.R.S. §13-905

A set-aside does not remove the conviction from the record but indicates that the individual has satisfied the sentence imposed by the court.

Fair Chance / Ban-the-Box Law

Arizona has not adopted a statewide ban-the-box law affecting private employers.

Private employers may inquire about criminal history during the hiring process, including on initial job applications.

Arizona has adopted ban-the-box hiring policies for certain state government positions, but those policies apply only to public employment and do not regulate private employers.

Employers should ensure that criminal history screening practices comply with federal anti-discrimination laws when evaluating criminal records.

Credit Check Restrictions

Arizona does not impose statutory restrictions on employer use of consumer credit reports for employment purposes.

Employers may obtain credit reports if they comply with the Fair Credit Reporting Act, including disclosure, authorization, and adverse action requirements.

Employers should ensure that credit checks are relevant to the duties of the position when used in hiring decisions.

Cannabis Use and Drug Testing Rules

Arizona permits both medical marijuana and recreational marijuana use under state law.

Medical Marijuana

The Arizona Medical Marijuana Act, codified at A.R.S. §36-2801 et seq., provides limited employment protections for registered medical marijuana cardholders.

Employers generally may not take adverse employment action solely because an individual:

• is a registered medical marijuana patient
• tests positive for marijuana metabolites.

However, employers may discipline or refuse to hire individuals if:

• the employee is impaired at work
• possession or use occurs during work hours
• compliance with federal law or federal funding requirements would be jeopardized.

Recreational Marijuana

Arizona legalized recreational marijuana under the Smart and Safe Arizona Act, codified at A.R.S. §36-2850 et seq.

The recreational legalization law does not create employment protections. Employers may continue to enforce drug-free workplace policies and prohibit workplace impairment.

Pay Equity and Salary History Rules

Arizona does not maintain a statewide salary history ban affecting private employers.

The state also does not impose pay transparency requirements requiring employers to disclose wage ranges in job postings.

Employers must still comply with federal and state anti-discrimination laws governing compensation practices.

Local Fair Chance or Screening Ordinances

Arizona does not currently maintain municipal fair chance hiring ordinances affecting private employers.

Cities such as Phoenix, Tucson, Mesa, and Scottsdale have not enacted local laws restricting private employer use of criminal history information in hiring decisions.

Employers operating throughout Arizona generally follow the same statewide rules governing employment background checks.

Record Sealing / Clean Slate Laws

Arizona provides mechanisms for criminal record relief through record sealing and set-aside procedures.

Record Sealing

Under A.R.S. §13-911, individuals may petition the court to seal certain criminal records after satisfying statutory waiting periods.

Sealed records generally:

• are removed from public access
• may not be disclosed in most employment background checks.

Set-Aside

Under A.R.S. §13-905, individuals may request that a court set aside a conviction after completing the sentence.

A set-aside does not erase the conviction but reflects that the individual completed the sentence and obtained relief from certain penalties.

Key Statutes

• Arizona Record Sealing Law – A.R.S. §13-911
• Set Aside Convictions – A.R.S. §13-905
• Arizona Medical Marijuana Act – A.R.S. §36-2801 et seq.
• Smart and Safe Arizona Act – A.R.S. §36-2850 et seq.

Employer Compliance Checklist

Employers conducting background checks in Arizona should implement several compliance practices.

• Follow federal Fair Credit Reporting Act disclosure and authorization requirements when ordering background checks.

• Provide pre-adverse action and adverse action notices if consumer reports influence hiring decisions.

• Ensure background screening providers exclude sealed records from employment reports.

• Apply criminal history screening policies consistently to reduce discrimination risks.

• Maintain clear workplace drug testing policies addressing marijuana use and workplace impairment.

• Ensure credit checks are relevant to the duties of the position when used in hiring decisions.