An Employer’s Guide to Arizona Background Checks

Hiring the ideal person for a position requires several resources. Background checks are one tool that allows employers to make educated hiring choices. These checks examine applicants’ relevant history to assess their credentials and suitability for the job.

Background checks help employers evaluate potential employees by yielding valuable information regarding their employment, education, and criminal background. Before implementing a background check program, employers must understand how these screenings work and the applicable laws.

This guide covers everything you need to know about Arizona background checks: what they show, how far back they go, how long they take, and what laws affect them.

What Is an Arizona Background Check?

An Arizona background check is a process employers use to investigate an applicant’s or employee’s history. This process confirms an applicant’s identity and examines information relevant to the position, including but not limited to criminal, civil, and educational history.

Employers typically use background checks during the onboarding process. These checks include various search types to verify that an applicant is who they claim to be, evaluate their past, and make informed hiring decisions. These screenings verify a candidate’s qualifications and provide essential information beyond what is found on an application.

Most background checks occur before hiring, and the extent of the screening often depends on the scope of the job. For instance, managerial roles carry more responsibility than entry-level positions, so managerial candidates are usually subject to more thorough searches.

Extensive screenings are also given to those applying for caring positions. EMS personnel, caregivers, first responders, and similar positions working with vulnerable communities, such as children and the elderly, must be substantially vetted to protect those demographics.

An exhaustive screening program encourages a safe workplace, decreases risk, and maintains the company’s reputation. Employers must conduct the appropriate searches for specific roles within their industry to hire the most qualified personnel. Common searches include criminal history, credit, and employment checks.

What Shows up on an Arizona Background Check?

Arizona background checks show different information depending on the search type conducted. Search types include, but are not limited to, criminal record, driving record, employment verification, education verification, and professional license checks.

• Criminal History: Criminal history checks show a candidate’s convictions and pending criminal cases. These checks reveal the offense date, type, and severity. The results don’t necessarily rule candidates out, but they can influence hiring decisions.
• Civil Court Check: Civil court checks reveal lawsuits, foreclosures, restraining orders, and other civil matters associated with the candidate. Employers often use these checks to fill financial and managerial roles.
• Credit Background Check: Credit background checks review an applicant’s credit history, including payment history, accounts in collections, and bankruptcies. Employers use these checks to fill positions needing financial responsibility.
• Employment Verification: Employment verification investigates an applicant’s past employment. Results show past employers’ names, addresses, contact information, employment dates, and positions. This type of verification also shows employment gaps and omitted employers, revealing if an applicant has been transparent.
• Education Verification: Education verification confirms an applicant’s education qualifications. These checks show past schools, including institution names, addresses, contact information, attendance dates, and certificates awarded. In essence, this helps to reveal a candidate’s honesty regarding their education.
• Identity Verification: Identity verification confirms a candidate’s name, address, Social Security number, and birth date. Employers use these checks to prevent identity theft by verifying that a candidate is who they claim to be. This verification also reveals if a stolen identity has been used to apply for the job.
• Social Security Number Trace: Social Security number (SSN) traces yield the date and state in which an individual’s SSN was issued. They also reveal names and addresses linked to it and its validity. Employers use SSN traces to confirm the number belongs to the applicant in question.
• Professional License Verification: Employers conduct professional license verifications for roles requiring specific licenses. These checks show the issue date, license type, expiration date, and validity of the professional license. Employers use these checks to verify qualifications and avoid negligent hiring claims.
• Sex Offender Registry Search: Sex offender registry searches reveal if a candidate is a sex offender at the time of the search. These searches detail the offender’s aliases, address, conviction state, and unique characteristics. Employers use these checks when filling positions dealing with vulnerable populations, such as children.
• Pre-Employment Drug Test: Employers implement drug test programs to maintain a drug-free environment. These programs typically use 5-panel drug tests that check for amphetamines, cocaine, opiates, PCP, and THC in the candidate’s urine. Pre-employment drug tests reveal if the applicant recently used drugs, not if they have or will abuse substances.
• Motor Vehicle Records Check: Employers conduct motor vehicle records (MVR) checks for positions requiring vehicle operation. MVR checks reveal the applicant’s driver’s license information, traffic violations, and points or suspensions. These checks verify a candidate’s driving record and ensure they’re qualified and insurable.
• Social Media Check: Social media checks investigate an applicant’s behavior outside of the workplace. While not common in most background checks, employers may implement these checks to acquire a more relaxed view of candidates.

How Far Back Can a Background Check Go In Arizona?

In compliance with the Fair Credit Reporting Act (FCRA), background checks can investigate seven years into an applicant’s history for arrests, accounts in collections, civil lawsuits, judgments, and liens. However, bankruptcies cannot be reported after ten years.

The seven-year timeframe only applies to positions offering less than $75,000 a year. For jobs offering a salary greater than $75,000, employers can view records since the applicant turned eighteen. Employment, education, and professional license records can be accessed anytime.

Under Arizona SB 1294, individuals can request records to be sealed once they’ve completed their sentences. Sealed records won’t appear on background checks. If an employer comes across a sealed record, they’re advised not to consider it when hiring.

How Long Does an Arizona Background Check Take?

Turnaround times for background checks in Arizona depend on the type of search and its extent. For example, a federal criminal records search can take a day, but a more comprehensive search through the state and county levels can take a few days.

Running background checks yourself can greatly lengthen turnaround times. Online information can be easily accessed, but contacting past employers, searching through court records, and cross-referencing information can be a heavy burden for your HR team.

Using a reputable consumer reporting agency can speed up the background check process. ScoutLogic offers an extensive screening program that maximizes efficiency, accuracy, and compliance.

Criminal Records Check

Federal criminal history checks can take one day to complete. However, several employers include state and county-level checks for a more complete view of an applicant’s history. These searches can add several days to the turnaround time.

Employment Verification

Employment verification can yield results anywhere from a few minutes to a few days. Verification takes minutes if the applicant’s employment history is stored within The Work Number. If not, verification can take days to contact past employers directly.

Education Verification

Education verification turnaround times also range from a few minutes to a few days. Records stored in the National Student Clearinghouse can be pulled quickly, but information not available in the NSC must be pulled directly from the applicant’s past institutions. Requesting information from these institutions can be very time-consuming.

Motor Vehicle Records Check

MVR checks are often completed within minutes. Driving records are typically stored digitally, which authorized employers and CRAs can access. These checks may take longer in states where records are not digitized, as employers must request an MVR through a government agency. This request may take weeks as it must be conducted through mail. However, the Arizona Department of Transportation (ADOT) maintains driving records online.

Arizona Background Check Laws & Requirements

Federal, state, and local laws impact how employers handle background checks. Some employers are required to conduct screenings by law, while others do so to maintain a safe and efficient work environment. Arizona employers must familiarize themselves with a number of laws and policies before conducting background checks.

Fair Credit Reporting Act

The Fair Credit Reporting Act (FCRA) is a federal law focused on consumer reporting agencies (CRAs) reporting information for employment background checks. Enforced by the Federal Trade Commission (FTC), the FCRA guards consumer privacy by limiting the information CRAs can collect.

Per the FCRA, CRAs cannot report certain information in background checks for jobs offering less than $75,000 a year. They cannot report arrests without convictions, civil lawsuits, liens, or judgments if they are older than seven years. Bankruptcies cannot be reported after ten years. These time restrictions do not apply to jobs offering more than $75,000 a year.

CRAs are permitted to report all other information regarding an applicant. Arizona employers partnering with third parties to conduct background checks must adhere to FCRA guidelines. Before conducting a screening, employers must notify the applicant of their intent to perform a background check and receive the applicant’s consent.

The FCRA also guides employers on handling negative information found on background checks. Employers must complete the adverse action steps and provide applicants with their FCRA rights before refusing employment based on background check results.

Title VII of the Civil Rights Act of 1964

Title VII of the Civil Rights Act of 1964 prevents employers from discriminating against applicants based on race, color, religion, sex, or national origin. The Equal Employment Opportunity Commission (EEOC) enforces this law and helps employers handle arrest and conviction information in background check results.

According to the EEOC’s guidance, employers must consider criminal records individually and assess them in relation to the job description before refusing to hire an applicant based on background check results.

Fair Chance to Compete for Jobs Act

The Fair Chance to Compete for Jobs Act prevents federal agencies and contractors from asking about criminal records on applications. Employers cannot inquire about criminal history until after a conditional employment offer. This law does not apply to employers filling positions requiring criminal record checks under federal or state law.

Gilberg v. California Check Cashing Stores

The Gilberg v. Cal. Check Cashing Stores verdict states that employers in Ninth Circuit states, such as Arizona, must provide applicants with two separate forms before conducting background checks.

The first form must feature the information required by the FCRA. The second is a disclosure and consent form under specific state laws in the Ninth Circuit. These forms must be written with clear and simple language that anyone undergoing the screening process will understand.

Executive Order 2017-07

Arizona has a statewide ban-the-box law for state agencies under Exec. Order 2017-07. This law prohibits state agencies from inquiring about an applicant’s criminal record on an application unless state or federal law prohibits a candidate from being hired due to criminal history.

Affected state agencies may ask about criminal history after a job interview has been conducted. Exec. Order 2017-07 does not apply to private sector employers.

Arizona Civil Rights Act

The Arizona Civil Rights Act (ACRA) was introduced to deter discrimination and protect applicants. This act, in line with Title VII, prevents employers from discriminating against potential hires based on race, color, religion, sex, national origin, etc.

The ACRA allows employers to inquire about an applicant’s prior convictions, including when and where the crime occurred, and the final disposition. However, the act requires employers to notify applicants that a previous conviction will not automatically disqualify them from the job if asked to disclose conviction information on an application.

Arizona Senate Bill 1294

Arizona SB 1294 allows people to ask the court to seal their records once they’ve completed their sentences. They can also seal dismissed arrest and court records or those resolved in acquittals. This law applies to those with criminal records that could appear on background checks.

Arizona Senate Bill 1504

Arizona SB 1504 was introduced to create stricter requirements for childcare employment background checks in Arizona. Required background checks must be complete before the employment start date and every five years after. Applicable employers include childcare resource and referral agencies, DES-certified home childcare providers, DHS-certified group homes, and DHS-licensed childcare centers.

Following this law, personnel in home-based childcare centers must submit fingerprints, which will be submitted for a national FBI fingerprint check, a Department of Public Safety state criminal record check, an NCIC national sex offender registry search, and an Arizona sex offender registry search.

Seaches are also conducted through the Arizona Child Abuse and Neglect Registry, criminal history databases, sex offender registries, and child abuse and neglect registries from all states in which the applicant previously lived.

Any offenses listed in ARS § 41-7158.07 disqualify a candidate, including convictions and pending charges for attempted offenses, solicitation, conspiracy, or facilitation to commit one of these crimes.

ARS § 36-2862

Under ARS § 36-2862, individuals with a conviction, arrest, or adjudication for an offense involving the possession of less than two ounces of marijuana, cultivation of six or fewer plants, and other similar violations that are now legal under current recreational marijuana laws can request expungement.

Successful expungement removes the conviction from the applicant’s record. An expunged criminal record cannot be reported, and employers cannot inquire or use it for hiring decisions.

Frequently Asked Questions

Does Arizona Have the 7-Year Rule?

Yes, Arizona complies with the seven-year rule implemented by the FCRA. Per this act, CRAs cannot report civil lawsuits, judgments, liens, or accounts in collections to employers offering less than $75,000 a year until after seven years. Bankruptcies cannot be reported until after ten years.

Final Thoughts

Hiring the right personnel is essential to running a successful business. Background checks help find the most qualified candidates for the job, but can be difficult to navigate. Deciding which search types to run, knowing how to conduct them, and understanding the applicable laws can be challenging.

ScoutLogic streamlines the background check process with accurate and efficient results. Our screening services cover all your needs, providing up-to-date information on your candidates and maintaining compliance with laws and regulations. Learn more about our background check services and get in touch today.

David Garcia

David Garcia, co-founder and CEO of Scout Logic, is an industry leader in the bulk background check world. With his strategic acumen and expertise in the HR sphere, specifically in hiring, recruiting, legal compliance, background checks, and resume screening, he’s an invaluable asset and consultant.

David's counsel extends across the boards of ScoutLogic, YipitData, and Supplier.io, drawing from his impactful stints on the boards of Infutor and Avetta. With an extensive 25-year journey, he champions unparalleled B2B commercial leadership within data & analytics, significantly shaping the HR landscape.