An Employer’s Guide to Utah Background Checks

A Utah background check is a pre-employment screening tool that gives employers a deeper look into a candidate’s past. And no, it’s not just about criminal records. It’s about verifying qualifications and checking for red flags, whether that’s a quietly concealed drug addiction or behavioral problems that meant a candidate would not be welcome back at a previous employer. It’s also key to making sure you’re not hiring someone who’s been banned from the industry you’re working in.

In Utah, background checks often run through the Bureau of Criminal Identification (BCI), which maintains the state’s criminal history database, but is limited to what’s happened within Utah. Employers can also use third-party screening services to go beyond local checks, digging into national records, education, work history, and plenty more.

The scope of a background check depends entirely on the role, what’s required, and who else is involved. If you’re hiring someone to drive kids to school, you’ll want DMV records and abuse registry checks, but if you’re hiring someone for a financial role, you’ll probably need to include a credit report. Many industries, especially healthcare, childcare, and education, are legally required to run specific checks under Utah law.

So, what actually shows up when you run a background check in Utah? The answer depends on the type of background search performed, but here’s what employers most commonly look for:

• Criminal History: A criminal history check includes arrests, charges, misdemeanors, felonies, and convictions on file with the Utah Bureau of Criminal Identification (BCI). It won’t include sealed or expunged records, but if someone forgot to mention that felony conviction from 2018, it will surface here.
• Out-of-State Criminal Records: These only show up if you request a multi-jurisdictional or national check. Otherwise, you’re flying blind beyond Utah’s borders.
• Sex Offender Registry Status: Utah’s sex offender registry is public and often included in employment checks, especially for positions involving children or vulnerable adults.
• Employment Verification:Was your candidate really the regional manager at that logistics company? And were they the kind of person that a company would rehire? These background checks often confirm job titles, dates of employment, and occasionally reasons for leaving.
• Education History: Verifies that degrees or certifications are real and earned. No more résumé padding with fake diplomas from colleges that don’t exist.
• Driving Records (MVR Reports): These are especially relevant for positions requiring a valid license or vehicle use. This includes DUIs, license suspensions, or reckless driving convictions.
• Credit Reports: Credit reports are generally used cautiously and only in roles that involve financial responsibility. Employers won’t see credit scores, but they will see delinquencies, bankruptcies, and debt load.
• Professional Licenses: Checks to confirm an active, valid license, such as those for nurses, therapists, engineers, and more. Inactive or suspended licenses? That’s a red flag that requires follow-up.
• Civil Court Records: These checks may include lawsuits, restraining orders, or judgments, particularly relevant for roles involving trust, custody of funds, or high-level responsibility.

Not every role requires every type of check, but if you’re hiring for a regulated industry or safety-sensitive position, skipping any of these could come back to haunt you.

This is one of the most common questions employers have, and unfortunately, there’s no simple, one-size-fits-all answer. How far back a Utah background check goes depends on what you’re checking, who you’re hiring, and which laws apply.

We’ll start with the basics. Criminal convictions in Utah can be reported indefinitely, as no state law caps how far back a criminal background check can reach, so even a felony from the late ‘90s can show up, unless it’s been expunged.

However, under the Fair Credit Reporting Act (FCRA), non-convictions, such as arrests that didn’t lead to charges or charges that were dismissed, can’t be reported after seven years, unless the job pays more than $75,000 a year. In this case, the seven-year limit goes out the window. Financial information follows federal rules, too, meaning bankruptcies are erased after 10 years, and other civil judgments usually follow a seven-year cutoff.

Here’s where things get a little hazy. Employers can’t just look back forever without purpose because Utah’s anti-discrimination guidelines urge employers to consider the age and relevance of an offense before making a decision. A shoplifting charge from high school probably doesn’t matter for a data entry job in their mid-20s. State licensing boards often have their own timelines, too, and healthcare, finance, and education roles might include deeper dives going back decades if the job legally requires it.

It depends. Turnaround times in Utah vary based on what you’re checking, how many sources are involved, and whether any hiccups slow things down.

Criminal history checks

If you’re running a basic Utah criminal background check through the Utah Bureau of Criminal Identification (BCI), you can usually expect results within 2 to 3 business days, especially for name-based searches. Fingerprint-based checks take a bit longer (3 to 5 business days), assuming the prints are clean and there are no identification issues.

However, county-level checks can sometimes take a long time. It could take a week or more if you’re pulling from older court records or dealing with counties that haven’t fully digitized their systems.

Employment & education verification

This is where the human factor slows things down. Schools and HR departments don’t always jump to answer verification requests, especially for small businesses or universities during summer break. Yes, it might be the more pressing thing on your agenda, but for them, it’s probably not. Realistically, allow 3 to 5 business days, or longer if you’re checking multiple employers or older degrees.

Driving records

For positions that involve driving, a Motor Vehicle Report (MVR) from the Utah Driver License Division is usually fast. You’ll usually get it same-day or on the next business day. However, if your candidate has lived in several states, be prepared to wait longer as you chase down multiple DMVs.

Credit checks

Once you’ve got written consent, credit checks and identity verifications are typically returned within 24 hours. These are largely automated unless something odd turns up, like an alias or mismatch in records, which could trigger a manual review and a short delay.

Drug testing

Basic 5-panel drug screens can return same-day results if you’re using a rapid test kit, while lab-based screenings usually take 1 to 3 business days, depending on the substances tested. If anything needs to be retested or confirmed with a Medical Review Officer, tack on another day or two, and if a second test is required, you can expect to double the whole process. 

Background checks in Utah are governed by a mix of state and federal laws. And while it’s no longer the Wild West, employers across various industries do need to follow the rules or risk lawsuits, fines, and some very awkward emails from legal. Here’s what you need to know:

Utah Code § 53-10-108

This is the main statute that governs criminal history records in Utah and allows certain employers (especially in healthcare, law enforcement, and education) to request fingerprint-based checks from the Utah Bureau of Criminal Identification (BCI). These aren’t mandatory for all employers, but if you’re hiring for a position of trust, it’s a strong move.

Ban-the-Box Policy (Public Sector Only)

Utah passed a ban-the-box law in 2017 for public employers, which means state agencies and municipalities can’t ask about a candidate’s criminal history on a job application. However, private employers are exempt, so they can still include criminal history questions early on. Just be cautious about how you use the info later in the hiring process.

Fair Credit Reporting Act (FCRA)

While this is a federal law, it applies to every background check in Utah conducted through a third-party consumer reporting agency. Employers must provide written notice and receive written consent from applicants before running a background check. If you decide not to hire someone based on the report, you must follow the FCRA’s adverse action process, which includes giving the applicant a copy of the report and a summary of their rights.

Utah Antidiscrimination Act

This law prohibits employment discrimination based on race, religion, gender, age, and other protected categories. While it doesn’t directly regulate background checks, using criminal history information in a way that disproportionately impacts certain groups could land you in hot water with the Utah Labor Commission.

Utah Division of Occupational and Professional Licensing (DOPL)

If you’re hiring for a licensed role, like a nurse, pharmacist, or contractor, Utah Division of Occupational and Professional Licensing (DOPL) may require its own background check as part of the licensing process. This is separate from the employer’s background check, but it’s worth knowing whether the candidate has passed that hurdle.

Federal & state drug testing laws

There isn’t a set drug testing law in Utah, but the state does allow employers to test applicants under certain rules:

• After a conditional offer of employment has been made.
• If the employer has a written drug testing policy that complies with Utah’s Drug and Alcohol Testing Act.
• As part of pre-employment screening, as long as the applicant is notified in advance and testing is consistent (i.e., not discriminatory).