Arizona background check laws for employers

At a glance

The Arizona rules on each topic, in one line. Federal law applies to every topic.

What a background check report may include

Who it covers: Consumer reporting agencies furnishing reports on Arizona consumers; courts and DPS as to sealed and set-aside records.

Arizona has no state seven-year rule and no salary threshold. Its consumer reporting chapter (A.R.S. 44-1691 to 44-1696) defines consumer reports and employment purposes and lists permissible uses, but sets no limits on what a report may contain or how old it may be. Two record-relief laws shape what is available. Sealed case records under A.R.S. 13-911 may be released by the courts and the Department of Public Safety only to the listed criminal justice and child-welfare entities, so a sealed arrest, charge, or conviction should not reach a consumer report. A conviction set aside under A.R.S. 13-905 stays on the DPS criminal history with an annotation that it was set aside; it is not removed.

Exceptions

• Sealed records remain available to law enforcement, prosecutors, courts, probation, child safety, corrections, and court clerks for official duties or internal hiring (13-911(J)).

A.R.S. 44-1691(4) · A.R.S. 13-911(I)(3) · A.R.S. 13-905(F)

Sealed and expunged records

Who it covers: All employers; the sealing and set-aside procedures bind courts and DPS.

Arizona has petition-based sealing, not automatic relief. A.R.S. 13-911 lets a person petition to seal all case records of an arrest with no charges filed, a charge that was dismissed or ended in a not-guilty verdict, or a conviction. For a conviction, the person must finish all nonmonetary terms of the sentence, be discharged, and then wait: ten years for class 2 or 3 felonies, five years for class 4 to 6 felonies, three years for class 1 misdemeanors, two years for class 2 or 3 misdemeanors. Petty offenses and offenses vacated under 13-909 may be sealed immediately. All fines, fees, and restitution must be paid when the petition is filed. The court grants the petition if sealing is in the best interests of the petitioner and public safety. Dangerous offenses, serious or violent felonies, dangerous crimes against children, and the other offenses listed in 13-911(O) cannot be sealed. Once sealed, the person may state that they have never been arrested for, charged with, or convicted of that crime, including on employment applications, except in the listed cases. Separately, A.R.S. 13-905 lets a person apply to set aside a conviction after discharge. The court dismisses the charge and releases the person from penalties and disabilities. The order may include a certificate of second chance, which lifts occupational-licensing barriers and gives the employer the protections of A.R.S. 12-558.03. A set-aside stays on the DPS record with an annotation. Under 12-558.03, an employer is not liable for hiring a person previously convicted of an offense other than a violent or sexual offense. The shield does not apply to listed money-handling, attorney, and law-enforcement or security-guard claims. From September 12, 2026, a court may also redesignate a first, victimless class 4, 5, or 6 felony as a class 1 misdemeanor five years after the sentence is complete (A.R.S. 13-604.01, repealed after September 30, 2028).

Exceptions

• A sealed record must still be disclosed where the application requires a fingerprint clearance card; for class 2 or 3 felony drug offenses under Title 13 chapter 34; for burglary or theft when applying for work inside residences; for child abuse or aggravated assault when applying to supervise, educate, or care for minors; for vulnerable adult abuse when applying to care for vulnerable adults or people 65 and over; for listed DUI and vehicle offenses when applying to operate vehicles, boats, or aircraft; for theft, fraud, and forgery offenses when applying to handle money or financial assets; for positions with law enforcement, prosecutors, courts, probation, child welfare, or corrections; for a background check before a Department of Child Safety child placement; where state or federal law requires disclosure; and for Medicare or Medicaid program integrity (13-911(I)(5)(a)-(k)).
• Offenses that cannot be sealed: dangerous offenses, dangerous crimes against children, serious offenses and violent or aggravated felonies, offenses involving a deadly weapon or knowing serious physical injury, sex trafficking, and class 2 to 5 felonies in Title 13 chapters 14 or 35.1 (13-911(O)).
• Set-aside is not available for dangerous offenses, sex-registration offenses, offenses with a sexual-motivation finding, and felonies against a victim under fifteen (13-905(P)).
• Sealed records may still be used as prior convictions, for impeachment, and for sentence enhancement (13-911(B)).
• The 12-558.03 hiring shield does not cover violent or sexual offenses, and does not apply to listed money-misuse claims, attorney misappropriation, or violent acts by law enforcement officers or security guards (12-558.03(D), (F)(1)).

A.R.S. 13-911(I)(5) · A.R.S. 13-911(E) · A.R.S. 13-905(M)(2) · A.R.S. 12-558.03(A) · A.R.S. 13-911(G) · A.R.S. 13-911(O) · A.R.S. 12-558.03(D) · Laws 2026, ch. 86 (HB 2198), amending A.R.S. 13-911(E) · Laws 2026, ch. 109 (HB 2749), adding A.R.S. 13-604.01(A)

Cannabis use and testing

Who it covers: All Arizona employers.

Medical cannabis: under the Arizona Medical Marijuana Act an employer may not discriminate in hiring, termination, or any term or condition of employment, or otherwise penalize a person, because of the person’s status as a registered cardholder, or because a registered qualifying patient tests positive for marijuana components or metabolites, unless the patient used, possessed, or was impaired by marijuana on the employer’s premises or during work hours. The protection yields where complying would cost the employer a monetary or licensing benefit under federal law. Adult-use cannabis: the Smart and Safe Arizona Act gives no employment protection. It does not restrict employers’ drug- and alcohol-free workplace policies, policies restricting marijuana use by employees or prospective employees, or the right to bar marijuana on their property. A registered patient is not considered under the influence solely because of metabolites in a concentration too low to cause impairment. Employers may discipline an employee for using marijuana at work or working while under its influence. Separately, the drug-testing article (A.R.S. 23-493.06(A)(7)) shields an employer with a compliant testing program that excludes an employee from a safety-sensitive position on a good-faith belief of current use of any drug, legal or prescribed.

Exceptions

• Employers that would lose a monetary or licensing-related benefit under federal law or regulations (36-2813(B)).
• Use, possession, or impairment on the premises or during hours of employment (36-2813(B)(2)).
• Adult-use (non-patient) cannabis use has no protection (36-2851).

A.R.S. 36-2813(B) · A.R.S. 36-2813(B)(2) · A.R.S. 36-2851(1) · A.R.S. 36-2814(A)(3) · A.R.S. 23-493.06(A)(7)

Drug and alcohol testing procedures

Who it covers: Any Arizona employer that chooses to test under the article.

A.R.S. 23-493 to 23-493.12 (Drug Testing of Employees) is a voluntary safe-harbor statute. An employer that tests within its terms qualifies for the article’s protections: no cause of action for good-faith actions on a positive test, and limits on defamation and false-positive claims (23-493.06 to 23-493.08). Testing must follow a written policy distributed to employees subject to testing or made available like other personnel policies. Prospective employees must be told they must undergo drug testing. The policy must state: the employer’s policy on drug and alcohol use; who is subject to testing; the circumstances; the substances; testing methods and collection procedures; consequences of refusal; adverse actions that may follow; the employee’s right to obtain written results on request; the right to explain a positive result in a confidential setting; and the confidentiality policy. Testing may be required for any job-related purpose consistent with business necessity, and random testing is allowed. All compensated employees, including officers, directors, and supervisors, must be uniformly included. The employer pays all costs of tests it requires of employees; paying for applicant tests is optional (23-493.02). A positive test or a refusal to give a sample may support refusal to hire a prospective employee (23-493.05). Test results received through the program are confidential (23-493.09). An employer bound by a state or federal testing mandate gets the article’s benefits if it follows that mandate (23-493.11).

Exceptions

• The article neither requires nor prohibits testing; it sets the conditions an employer must meet ‘to qualify for the benefits of this article’ (23-493.02). Employers outside it lose only those protections.
• Employers that follow a state or federal mandatory testing program get the article’s benefits even where the program differs (23-493.11).
• Valid collective bargaining agreement provisions control (23-493.10).

A.R.S. 23-493.04(A) · A.R.S. 23-493.04(A) · A.R.S. 23-493.02 · A.R.S. 23-493.05(4)

The state consumer reporting law

Who it covers: Consumer reporting agencies and users, including employers, in Arizona.

A.R.S. Title 44, Chapter 11, Article 6 (44-1691 to 44-1696) is a short consumer reporting law. It defines consumer reports to include employment purposes and lets agencies furnish reports to a person it reasonably believes intends to use them for employment. An employer that denies employment, promotion, or retention, or reassigns a consumer to their disadvantage, based on a consumer report must disclose the name and address of the reporting agency. No agency, creditor, licensing agency, or employer may require a consumer to waive rights. An agency may not charge for a file disclosure if the consumer was denied employment or received other adverse action in the prior 30 days. A consumer may dispute an item and the agency must reinvestigate at no charge (44-1694). An agency that prepares a consumer report must follow reasonable procedures to ensure maximum possible accuracy. An agency, user, or source that is grossly negligent or acts willfully and maliciously is liable for actual and punitive damages, attorney fees, and costs (44-1695(C)). Obtaining a report under false pretenses is a crime (44-1696). There is no seven-year rule, no separate disclosure or authorization form, no investigative-report rule, and no agency registration.

A.R.S. 44-1693(A)(3) · A.R.S. 44-1693(D) · A.R.S. 44-1692(A)(3)(b) · A.R.S. 44-1695(C)

Where federal law alone applies

We found no Arizona rule for private employers on these topics. The FCRA and other federal laws still apply.

• Criminal history questions
• Credit checks
• Salary history

Adverse action notices

Before you reject or act against someone because of a background check report, the FCRA requires a pre-adverse action notice, a wait, and then a final notice. The adverse action letter generator writes both notices and adds the Arizona requirements where they apply.

The waiting period calculator gives the date under the federal rule.

Paperwork at hire

Besides the federal Form I-9 and W-4, Arizona sets these for each new hire.

• State withholding. Have each new hire pick an Arizona withholding rate on Form A-4 within five days of starting; if they do not, withhold 2.0% of gross taxable wages. Form A-4
• New hire report. Report each new hire to Arizona within 20 days. State new hire reporting
• Notices at hire. Earned paid sick time notice; Employer name, address and telephone number in writing.
• E-Verify. Verify every new employee through E-Verify after hire and keep the verification record for the length of employment or three years, whichever is longer.

Build the new hire checklist for Arizona, with city rules, special cases and a due date for each item.

Sources

• A.R.S. 44-1691(4)
• A.R.S. 13-911(I)(3)
• A.R.S. 13-905(F)
• A.R.S. 12-558.03(A)
• Laws 2026, ch. 86 (HB 2198), amending A.R.S. 13-911(E)
• Laws 2026, ch. 109 (HB 2749), adding A.R.S. 13-604.01(A)
• A.R.S. 36-2813(B)
• A.R.S. 36-2851(1)
• A.R.S. 36-2814(A)(3)
• A.R.S. 23-493.06(A)(7)
• A.R.S. 23-493.04(A)
• A.R.S. 23-493.02
• A.R.S. 23-493.05(4)
• A.R.S. 44-1693(A)(3)
• A.R.S. 44-1692(A)(3)(b)
• A.R.S. 44-1695(C)

Last reviewed October 20, 2026 · General information, not legal advice.

After the hire

Once a background check clears, payroll and onboarding come next. Rippling (paid link) runs payroll, benefits and onboarding from one employee record.