Accessing Criminal Records
In Arizona, it is legal for private and public employers to conduct inquiries about an applicant’s criminal history as part of the pre-employment background screening process; this includes reviewing conviction records. NCS makes reading reports easy. Our criminal background checks report convictions and serious pending cases that belong to your applicant.
Employers are prohibited from asking about or considering arrest records that have been expunged, pertain to charges that have been dropped or dismissed or did not lead to conviction may not access sealed records, or require candidates to disclose details regarding arrests or convictions that were expunged from their criminal record. In fact, employers are required to specifically inform candidates that they are under no obligation to share any information regarding expunged charges. Arizona has also enacted a law that states individuals can ask the court to seal their records once they have completed their sentences when convicted of a crime. They can also seal arrest and court records for offenses that were subsequently dismissed or resolved in acquittals.
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 these states must provide applicants with two standalone forms prior to conducting pre-employment background screenings. The first form must include the information required by the Fair Credit Reporting Act, and the second is disclosure and consent under specific state laws in the ninth circuit.
Ban the Box Policies – Arizona
According to the Arizona Civil Rights Act, public sector employers cannot ask about criminal history on a job application. They must wait until the interview process.
Many cities and counties in Arizona have local fair hiring laws as well. Phoenix, Tempe, Glendale and Tucson each have ban-the-box laws that apply to public sector employees, as well as Coconino and Pima counties.
