Arizona has a lighter statutory overlay on background screening than many states. There is no general state law duplicating the federal Fair Credit Reporting Act, and no statewide ban the box law covering private employers. That does not mean Arizona employers operate in a blank space. The state runs its own fingerprint clearance card program for a long list of regulated occupations, its courts have two distinct paths for clearing old convictions that produce different results on a background check, a 2017 executive order changed criminal history questions on state agency job applications, and the Arizona Medical Marijuana Act limits what an employer can do with certain marijuana related information. This guide walks through each layer and where federal law still sets the floor.
The federal floor: FCRA disclosure, authorization and adverse action
Any Arizona employer that orders a background check through a consumer reporting agency is bound by the federal Fair Credit Reporting Act regardless of what state law adds on top. Before ordering a report, the employer must give the applicant a clear and conspicuous standalone disclosure, separate from the job application, stating that a consumer report may be obtained for employment purposes, as described at 15 U.S.C. 1681b. The applicant must sign a written authorization before the report is pulled. If information in the report contributes to a decision not to hire, continue employment, or promote, the employer must send a pre adverse action notice with a copy of the report and a copy of the Summary of Rights, wait a reasonable period, and then send a final adverse action notice if the decision stands. These steps apply the same way in Arizona as anywhere else in the country, and skipping any of them creates FCRA exposure independent of anything discussed below.
The U.S. Equal Employment Opportunity Commission also expects employers to apply criminal history consistently and to avoid blanket exclusions that are not job related, since a policy that screens out a disproportionate share of applicants in a protected class can raise a disparate impact concern under Title VII. The agency’s guidance on this topic is available at Background Checks: What Employers Need to Know. None of this prevents an Arizona employer from running a thorough background check. It means the check has to be ordered correctly, applied consistently, and followed by the right notices when it leads to a negative decision.
Fingerprint clearance cards cover a wide range of Arizona jobs
Arizona requires a state issued Fingerprint Clearance Card for employment or licensing in a long list of positions, mostly in education, health care, child care, elder care, and other roles involving contact with vulnerable populations. The card program is defined in statute at A.R.S. 41‑1758, which lists the state agencies and boards whose licensees or employees fall under the requirement, including the Department of Education, the Department of Child Safety, the Department of Health Services, the Department of Economic Security, and numerous professional boards such as nursing care administration, dental, pharmacy, physical therapy, psychology and behavioral health. A separate section of the same statutory article sets out the specific offenses and circumstances that require the Department of Public Safety to deny a card, which can include certain violent, sexual, or child related offenses, with different rules depending on how much time has passed and whether a conviction was set aside.
The Department of Public Safety administers the program through its Fingerprint Clearance Card unit, which processes applications, runs the fingerprint based state and FBI criminal history search, and issues the card or a formal denial. A fingerprint clearance card is a different thing from a general background check report. It is a state credential tied to specific job categories, with its own denial and appeal process, and an employer in one of the covered fields should treat it as an additional, mandatory step rather than a substitute for its own FCRA compliant screening.
Set aside convictions and sealed records are not the same thing
Arizona offers two distinct mechanisms for a person to address an old conviction, and they do different things to what an employer sees. Under A.R.S. 13‑905, a person who completed probation or a sentence may apply to the court to have the judgment of guilt set aside. A set aside releases the person from most penalties and disabilities tied to the conviction and can come with a certificate of second chance, but the underlying record of the arrest, conviction and the set aside order itself still exists and can still appear on a criminal history search. A set aside is a form of relief, not a removal of the record.
Sealing is a separate and more recent remedy. Under A.R.S. 13‑911, enacted in 2023, a person may petition to seal case records tied to a conviction after completing all sentence terms, or tied to an arrest or charge that did not result in a conviction. Once a court grants sealing, the case record generally will not surface through the standard channels an employer or a consumer reporting agency would use, though the statute preserves limited uses, such as treating the matter as a prior conviction for sentencing in a later case. Eligibility, waiting periods and excluded offense categories vary by case, so an employer should not assume a flat rule about how long a conviction stays visible. For a broader explanation of how set aside, sealing and expungement differ in general, see our related guide on sealed versus expunged records.
State agency hiring changed criminal history questions, private employers did not
In 2017, the governor’s office issued Executive Order 2017‑07 directing executive branch state agencies to remove the question asking about criminal history from the initial state employment application, commonly described as a ban the box policy. That order reaches hiring by Arizona state agencies under the governor’s authority. It does not create a statewide ban the box law binding private employers, counties, cities, or school districts, and Arizona has not passed a general private sector ban the box statute. A private employer in Arizona may ask about criminal history on a job application unless a specific local ordinance, industry licensing rule, or federal rule for the position says otherwise. Employers who operate in multiple Arizona cities should still check local rules directly, since municipal policy can move independently of state law. For a state by state comparison of how ban the box and fair chance laws actually work, see our guide to ban the box and fair chance hiring laws.
Medical marijuana cardholders have narrow employment protection
The Arizona Medical Marijuana Act includes an employment nondiscrimination provision at A.R.S. 36‑2813. Under that section, an employer generally may not discriminate against a person in hiring, firing, or any term or condition of employment solely because the person is a registered cardholder, and generally may not take action against a registered qualifying patient based solely on a positive drug test for marijuana components or metabolites, unless the person used, possessed, or was impaired by marijuana on the employer’s premises or during work hours. The protection is narrow. It covers status as a cardholder and an isolated positive test result under those conditions, not a right to use, possess, or be impaired by marijuana at work, and it does not override federal workplace drug rules that apply to safety sensitive or federally regulated positions. Employers in regulated industries, or with employees in safety sensitive roles, should confirm how this section interacts with any federal testing obligation before relying on it to make a decision either way.
Arizona screening rules at a glance
| Source | What it governs | Applies to |
|---|---|---|
| Federal FCRA, 15 U.S.C. 1681b | Disclosure, authorization, pre adverse and adverse action notices | All Arizona employers using a consumer reporting agency |
| Fingerprint Clearance Card, A.R.S. 41‑1758 | State fingerprint based clearance for listed occupations and agencies | Education, health care, child care, elder care and other listed roles |
| Set aside, A.R.S. 13‑905 | Relief from penalties for a past conviction, record remains visible | Eligible convicted persons who completed sentence or probation |
| Sealing, A.R.S. 13‑911 | Removal of case records from standard disclosure once sealed | Eligible convictions, dismissed charges and arrests without charges |
| Executive Order 2017‑07 | Removes criminal history question from initial state job application | Arizona executive branch state agencies only |
| Arizona Medical Marijuana Act, A.R.S. 36‑2813 | Limits adverse action based solely on cardholder status or a positive test | Registered qualifying patients, with on premises and impairment exceptions |
What this means for an Arizona hiring process
Arizona’s approach leaves most of the procedural burden on the federal FCRA framework rather than on a thick state statute. A practical Arizona screening process generally runs through the same steps: confirm whether the position requires a Fingerprint Clearance Card and build that into the timeline, give the standalone disclosure and get written authorization before ordering any outside background check, apply criminal history criteria consistently rather than as a blanket bar, and follow the pre adverse action and adverse action sequence if a report factors into a negative decision. For positions covered by the medical marijuana statute, keep the analysis focused on cardholder status and the narrow drug test protection, not on-site conduct, and document the specific basis for any adverse decision. None of this promises that a particular record will or will not appear. What shows up depends on the search performed, whether a set aside or sealing order has been entered, and how long ago the matter happened, so employers should treat specific record questions as something to verify rather than assume.
Frequently asked questions
Does Arizona have a statewide ban the box law for private employers?
No. Executive Order 2017‑07 removed the criminal history question from initial job applications for Arizona executive branch state agencies, but Arizona has not enacted a general ban the box statute that applies to private employers statewide. Local ordinances or specific licensing rules may still apply in particular cities or industries.
What is an Arizona Fingerprint Clearance Card?
It is a state issued credential administered by the Department of Public Safety under A.R.S. 41‑1758, required for employment or licensing in a long list of occupations involving children, patients, or other vulnerable populations. It involves its own fingerprint based background check and denial process separate from a standard employer background check.
What is the difference between a set aside and a sealed record in Arizona?
A set aside under A.R.S. 13‑905 releases a person from certain penalties tied to a conviction, but the record itself can still appear on a background check. Sealing under A.R.S. 13‑911, available since 2023, is intended to remove the case record from standard disclosure once a court grants the petition, subject to limited exceptions written into the statute.
Can an Arizona employer reject an applicant for being a medical marijuana cardholder?
Generally no, solely for that status. A.R.S. 36‑2813 generally prohibits discrimination based solely on registered cardholder status or a single positive marijuana test, unless the person used, possessed, or was impaired by marijuana on the employer’s premises or during work hours. The protection does not cover on the job use or impairment.
Does a background check in Arizona always show expunged or sealed records?
No, but it can depend on timing and the type of search. A properly sealed case under A.R.S. 13‑911 generally should not surface through standard disclosure channels once the order is entered, while a set aside conviction under A.R.S. 13‑905 generally remains visible. Employers should not assume a fixed rule applies to every case and should rely on the actual court order where one exists.
Do Arizona employers still have to follow the federal FCRA?
Yes. Every Arizona employer using an outside consumer reporting agency must provide a standalone disclosure, obtain written authorization, and follow the pre adverse action and adverse action notice steps required by 15 U.S.C. 1681b, regardless of any state specific rule.
Employers building or auditing an Arizona hiring process can start with a policy review at Reveal Background.
This article is general information for employers and is not legal advice. Background check laws and their application change and vary by circumstance, so consult qualified legal counsel before adopting or changing a screening policy.
