State law · For employers
Idaho background check laws for employers
What Idaho law says about background checks for employment, beyond the federal Fair Credit Reporting Act (FCRA). Each section shows the rule, who it covers, its exceptions and the law it comes from.
Reviewed
Primary sources
11 laws cited
On this page
At a glance
The Idaho rules on each topic, in one line. Federal law applies to every topic.
| Topic | Idaho rule |
|---|---|
| Criminal history questions | No state rule. Federal law applies. |
| Limits on what a report includes | No state limit on consumer report content beyond the federal FCRA. The state repository (Idaho State Police Bureau of Criminal Identification) will not release an arrest record that has no disposition after 12 months except to criminal… |
| Sealed and expunged records | No automatic sealing. Two petition remedies. (1) Non-conviction records: a person arrested or summoned but not charged within one year, acquitted, or whose charges were all dismissed may ask the Idaho State Police to expunge the fingerprint and criminal… |
| Credit checks | No state rule. Federal law applies. |
| Salary history | No state rule. Federal law applies. |
| Cannabis | No state rule. Federal law applies. |
| Drug testing procedures | The Idaho Employer Alcohol and Drug-Free Workplace Act is voluntary. |
| State consumer reporting law | No state rule. Federal law applies. |
What a background check report may include
Who it covers: Requesters of Idaho State Police criminal history records (private employers included)
No state limit on consumer report content beyond the federal FCRA. The state repository (Idaho State Police Bureau of Criminal Identification) will not release an arrest record that has no disposition after 12 months except to criminal justice agencies, the subject, or a requester holding the subject’s signed release, and anyone who gets repository data may not pass it on without a signed release. Records shielded under the Clean Slate Act are unavailable for public viewing. Any repository release must carry the line “AN ARREST WITHOUT DISPOSITION IS NOT AN INDICATION OF GUILT.” Access to repository records creates no duty for an employer to check them. Since July 1, 2026 (new 67-3008A), private entities that qualify under the National Child Protection Act and serve children, the elderly, or people with disabilities may submit fingerprints for a state and FBI check on staff, contractors, and volunteers with access to those groups. The bureau must tell the person of the right to a copy of the report and to challenge it before the entity makes its final fitness decision.
Exceptions
- Criminal justice agencies and courts
- Requests with the subject’s signed release
Idaho Code 67-3008(2)(b)(iv) · Idaho Code 67-3008(6) · Idaho Code 67-3004(11)(d) · Idaho Code 67-3008(2)(b)(v) · Idaho Code 67-3008(5) · Idaho Code 67-3008A(1) (2026 H 521, ch. 77) · Idaho Code 67-3008A(3)
Sealed and expunged records
Who it covers: All employers (the shielded person may deny the record)
In force since: January 1, 2024
No automatic sealing. Two petition remedies. (1) Non-conviction records: a person arrested or summoned but not charged within one year, acquitted, or whose charges were all dismissed may ask the Idaho State Police to expunge the fingerprint and criminal history record, and may have the court file sealed (67-3004(10); not for 19-2604 dismissals). (2) Clean Slate Act (2023 H 149, effective January 1, 2024): a person may petition, in the underlying case, to shield records of a non-assaultive, non-violent misdemeanor (arrest, prosecution, or conviction) or a felony possession conviction under 37-2732(a), (c), or (e). The petition may be filed no earlier than 5 years after the sentence is complete, with no later convictions, pending cases, or restraining orders. One grant per lifetime. After shielding, the proceedings are deemed never to have occurred and the person may answer inquiries accordingly, except in court or peace-officer licensing. Separately, 19-2604 lets a court set aside a guilty plea or conviction and dismiss the case after successful probation; that is a dismissal, not a sealing.
Exceptions
- Judicial proceedings
- Peace officer (POST) licensing
- Law enforcement, prosecutors, and court officers keep full access
Idaho Code 67-3004(10) · Idaho Code 67-3004(11)(a) · Idaho Code 67-3004(11)(c) · Idaho Code 67-3004(11)(d) · Idaho Code 67-3004(11)(k) · Idaho Code 19-2604(1)(b) · 2023 H 149 (Session Law ch. 108), Section 3
Drug and alcohol testing procedures
Who it covers: Private employers that choose to test (voluntary act)
In force since: July 1, 1997
The Idaho Employer Alcohol and Drug-Free Workplace Act is voluntary. Testing is lawful as a condition of hiring or continued employment. An employer that follows the act gets its benefits (a positive test is misconduct for unemployment purposes and the employer gains liability protection). To qualify: a written policy communicated to employees and available to applicants, listing the test types; collection and testing under the act’s conditions; a confirmatory test (GC-MS or comparable) before any action; written notice of a positive result with the substance named; a chance to explain to a medical review officer; and a retest right within 7 working days, with reimbursement and reinstatement with back pay if the retest is negative. For current employees, testing time is paid work time and the employer pays all test costs (except a retest the employee requests, which the employee pays unless it comes back negative).
Exceptions
- A policy negotiated with a collective bargaining representative, or consistent with the CBA, earns the act’s full benefits even if it does not match every statutory term (72-1705(2))
Idaho Code 72-1701(1) · Idaho Code 72-1702(1) · Idaho Code 72-1704(7) · Idaho Code 72-1705(1) · Idaho Code 72-1706(1) · Idaho Code 72-1706(2) · Idaho Code 72-1703
Where federal law alone applies
We found no Idaho rule for private employers on these topics. The FCRA and other federal laws still apply.
- Criminal history questions
- Credit checks
- Salary history
- Cannabis
- State consumer reporting law
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 Idaho 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, Idaho sets these for each new hire.
- State withholding. Have each new hire complete and sign Idaho Form ID W-4 in addition to the federal W-4; Idaho withholding is computed from the allowances on the ID W-4. Form ID W-4 (EFO00307)
- New hire report. Report each new hire to Idaho within 20 days. State new hire reporting
- Notices at hire. Idaho adds none beyond the federal forms that every employer gives.
Build the new hire checklist for Idaho, with city rules, special cases and a due date for each item.
Sources
- Idaho Code 67-3008(2)(b)(iv)
- Idaho Code 67-3004(11)(d)
- Idaho Code 67-3008A(1) (2026 H 521, ch. 77)
- Idaho Code 19-2604(1)(b)
- 2023 H 149 (Session Law ch. 108), Section 3
- Idaho Code 72-1701(1)
- Idaho Code 72-1702(1)
- Idaho Code 72-1704(7)
- Idaho Code 72-1705(1)
- Idaho Code 72-1706(1)
- Idaho Code 72-1703
Last reviewed · 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.