Utah Background Check Laws for Employers: What You Can Ask, Use and Report

Utah employers who run background checks have to satisfy two layers of law at once. The first is federal, the Fair Credit Reporting Act, which applies the same way in Utah as it does everywhere else. The second is state specific, covering how criminal history records move through Utah's court and law enforcement systems, when older convictions get expunged automatically, and what public employers can ask on an initial job application. This guide walks through both layers so a hiring manager or HR lead can see where Utah law adds something the federal baseline does not.

This is general compliance information, not legal advice. Utah employment counsel should review any screening policy before it goes live, especially around adverse action timing and expunged record handling.

The federal baseline every Utah employer starts from

Before any state rule applies, an employer running background checks through a consumer reporting agency has to follow the Fair Credit Reporting Act's permissible purpose and disclosure rules at 15 U.S.C. 1681b. In practice that means a standalone disclosure document, separate from the job application, and the applicant's written authorization before any report is pulled. If the employer is thinking about not hiring someone because of what the report shows, a pre adverse action notice with a copy of the report and the Summary of Rights has to go out first, followed by a real waiting period before the final adverse action notice.

The FCRA also limits how far back certain negative information can be reported. Under 15 U.S.C. 1681c, civil suits, civil judgments, and records of arrest that did not result in conviction generally cannot be reported past seven years. Convictions have no federal reporting time limit, though as explained below Utah's own expungement law can remove many convictions from the record entirely once they are old enough. Background screening companies also have accuracy duties under 15 U.S.C. 1681k when they report public record information that could result in an adverse employment decision, which is one reason a reputable consumer reporting agency will have a dispute process built in.

Utah BCI criminal history checks

Utah's Bureau of Criminal Identification, part of the Department of Public Safety, is the state repository for criminal history record information. Many licensing boards and some employers in Utah require a fingerprint based criminal history check run through BCI rather than, or in addition to, a name based check from a consumer reporting agency. BCI's employment and volunteer screening page describes who is authorized to request a fingerprint based background check for hiring purposes and how agencies enroll in the program, and its fingerprint services page covers where applicants get printed. Not every private employer qualifies to request a BCI fingerprint check directly. Most private sector hiring in Utah instead relies on a consumer reporting agency's county and statewide court record searches, which pull from Utah's public court record systems rather than the BCI repository.

Clean Slate and expungement under Utah Code 77-40a

Utah's expungement law, found in Utah Code Title 77, Chapter 40a, governs both petition based expungement and the state's automatic Clean Slate process. Under Clean Slate, certain lower level convictions become eligible for automatic expungement once enough time has passed without a new offense, without the person having to file a petition or pay a fee. Petition based expungement under the same chapter remains available for records that do not qualify automatically, including many misdemeanors and some felonies, once the statutory waiting period after sentence completion has run. An expunged record in Utah is treated as if the underlying event did not occur for most purposes. A background check report should not include a record that has actually been expunged, and an employer that somehow sees one should not use it as a basis for an adverse decision. How long a conviction stays visible before Clean Slate or a granted petition clears it depends on the offense level and the specific waiting period set in the statute, so an employer should not assume any particular record will or will not be on a report, only that older, lower level Utah convictions are the ones most likely to drop off over time.

Utah Code 34-52: the Employment Selection Procedures Act

Utah Code Title 34, Chapter 52, the Employment Selection Procedures Act, is Utah's ban the box style rule, and it is narrower than many states' versions. It generally prohibits a public employer, meaning the state or a political subdivision, from asking about an applicant's criminal history on the initial employment application. The restriction is tied to that first application; it does not bar a criminal history question later in the hiring process, and it does not extend the same application stage restriction to private employers statewide. A private employer in Utah is not covered by this statute the way a state agency or local government employer is, so private sector timing of the criminal history question is governed more by FCRA disclosure practice and individual employer policy than by a statewide ban the box law. Employers with locations in multiple states should not assume Utah's rule matches a neighboring state's broader private sector ban the box law.

Utah Code 34-38: drug and alcohol testing

Utah Code Title 34, Chapter 38 sets out the state's framework for workplace drug and alcohol testing policies, including requirements around written policy notice, sample collection and confirmation procedures, and an employee's right to explain or rebut a positive result. An employer that adopts a testing program substantially in compliance with Chapter 38 gets certain protections against wrongful discharge and related claims tied to that testing. This is a procedural framework rather than a mandate that private employers test; Utah does not require most private employers to run drug testing, but employers who choose to test are generally expected to follow this chapter's notice and procedure requirements to get its protections.

Utah rules at a glance

EEOC guidance and criminal history screening

The Equal Employment Opportunity Commission enforces Title VII of the Civil Rights Act, which applies in Utah the same as any other state when a criminal history policy has a disproportionate effect on a protected group without being job related and consistent with business necessity. The EEOC's 2012 enforcement guidance document on arrest and conviction records has been rescinded, so employers should not cite it as current agency guidance. The Title VII statute page on eeoc.gov and the agency's laws and guidance index are the places to check for what is currently in effect. For roles involving a medical or disability related pre employment inquiry, the EEOC's pre employment inquiries and disability page explains what can and cannot be asked before a conditional job offer under the ADA. Utah employers should still apply an individualized, job related review before denying someone based on a criminal record rather than relying on a blanket exclusion policy.

Putting it together for a Utah hiring process

A compliant Utah hiring flow generally looks like this: give the standalone FCRA disclosure and get written authorization before ordering any report, decide whether the role requires only a consumer reporting agency's county and statewide court search or an authorized BCI fingerprint check, avoid a criminal history question on the initial application if the employer is a public entity covered by Chapter 52, and if the role involves safety sensitive drug testing, build the policy around Chapter 38's notice and procedure requirements. If a report surfaces a conviction, an employer may be able to consider it, but doing an individualized assessment of the offense, how old it is, and its relationship to the job reduces both compliance risk and the chance of making a decision based on a record that should have already been expunged under Clean Slate.

Frequently asked questions

Does Utah have a statewide ban the box law for private employers?

No. Utah Code 34-52 restricts asking about criminal history on the initial application for public employers, meaning the state and its political subdivisions. It does not impose that same application stage restriction on private employers statewide.

What is Utah's Clean Slate law?

Clean Slate is part of Utah Code 77-40a and automatically expunges certain lower level convictions once a statutory waiting period passes without a new offense, without the person needing to file a petition. Petition based expungement under the same chapter remains available for records that do not qualify automatically.

Can a Utah employer run a fingerprint based background check instead of a standard consumer report?

Some employers and licensing contexts are authorized to request a fingerprint based criminal history check through the Utah Bureau of Criminal Identification. Most private employers instead rely on a consumer reporting agency's name based county and statewide court record search rather than a direct BCI fingerprint request.

Is drug testing required for private employers in Utah?

No general mandate requires most private Utah employers to test. Utah Code 34-38 sets out notice and procedure requirements that give an employer certain legal protections if the employer chooses to test and substantially follows that framework.

Is the EEOC's 2012 arrest and conviction guidance still in effect?

No. That 2012 enforcement guidance document has been rescinded. Employers should rely on current material published on eeoc.gov rather than citing the 2012 guidance as active policy.

Does the FCRA seven year rule apply in Utah?

Yes, the federal seven year reporting limit in 15 U.S.C. 1681c applies to civil suits, civil judgments, and non conviction arrest records nationwide, including Utah. Convictions have no federal reporting time limit, though Utah's expungement and Clean Slate rules can remove many older convictions from the record entirely.

Related reading

• Individualized Assessment After a Criminal Hit: The EEOC Factors Employers Must Weigh
• Sealed vs Expunged Records: What Each Hides From a Background Check

Ready to build a compliant Utah screening process? Visit Reveal Background to get started.

This article is general information, not legal advice. Utah employers should consult qualified employment counsel before adopting or changing a background check policy.