State law · For employers
Rhode Island background check laws for employers
What Rhode Island 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
13 laws cited
At a glance
The Rhode Island rules on each topic, in one line. Federal law applies to every topic.
| Topic | Rhode Island rule |
|---|---|
| Criminal history questions | An employer may not ask on an application, or otherwise ask orally or in writing, whether an applicant has ever been arrested, charged with or convicted of any crime. |
| Limits on what a report includes | No state seven-year rule beyond the federal FCRA. Expunged convictions are off limits: custodians may not disclose them, and the person may state on a job application that he or she has never been convicted of the crime. |
| Sealed and expunged records | Petition-based expungement under ch. 12-1.3, plus automatic expungement of marijuana-possession records that were later decriminalized (all eligible records to be expunged before July 1, 2024). |
| Credit checks | No ban on employer credit checks. Rhode Island requires only that the person be told in advance that a credit report may be requested, and that a denial based on a credit report come with notice and the credit bureau’s name and address (see state_fcra). |
| Salary history | An employer may not seek an applicant’s wage history, rely on it to decide whether to consider the applicant, set minimum or maximum prior-wage criteria, or rely on it to set starting pay. |
| Cannabis | Adult use and medical. An employer may not fire or discipline an employee solely for private, lawful cannabis use outside the workplace, unless a collective bargaining agreement says otherwise, the job is safety-sensitive, or the employer is a federal… |
| Drug testing procedures | Applicant testing is allowed only if the job offer is conditioned on a negative result, the sample is given in private, and a positive result is confirmed by a federally certified lab using GC/MS or an equally accurate method. |
| State consumer reporting law | No full FCRA analogue. Two employer duties sit in the Deceptive Trade Practices chapter: before requesting a credit report for an employment application, the person must first be told a report may be requested; and if employment is denied in whole or part… |
When you may ask about criminal history
Who it covers: Employers with four or more employees in Rhode Island (FEPA definition, § 28-5-6(9)), plus the state and its political subdivisions.
In force since: January 1, 2014
An employer may not ask on an application, or otherwise ask orally or in writing, whether an applicant has ever been arrested, charged with or convicted of any crime. At the first interview or later the employer may ask about convictions. The statute’s exception reaches convictions only, so arrests and charges stay off limits.
Exceptions
- Law enforcement agency positions and positions related to law enforcement agencies.
- Where federal or state law creates a mandatory or presumptive disqualification for specified convictions, the employer may ask about those offenses.
- Where a standard fidelity bond is required and specified convictions would bar the bond, the employer may ask about those offenses.
R.I. Gen. Laws § 28-5-7(7) · R.I. Gen. Laws § 28-5-7(7)(iii) · R.I. Gen. Laws § 28-5-6(9)(i)
What a background check report may include
Who it covers: All employers.
In force since: January 1, 1993
No state seven-year rule beyond the federal FCRA. Expunged convictions are off limits: custodians may not disclose them, and the person may state on a job application that he or she has never been convicted of the crime. Arrests that did not lead to conviction may not be asked about at any stage (see fair_chance).
Exceptions
- Applicants for law enforcement positions, bar admission, teaching or coaching certificates, and early childhood education facilities must disclose expunged convictions.
Sealed and expunged records
Who it covers: All employers.
In force since: May 25, 2022
Petition-based expungement under ch. 12-1.3, plus automatic expungement of marijuana-possession records that were later decriminalized (all eligible records to be expunged before July 1, 2024). District court Rule 48(a) dismissals on or after Jan. 1, 2023 are sealed automatically (§ 12-1-12.1). From June 22, 2026, people with two to four non-violent felonies may petition after 15 years. A general Clean Slate Act (2026 H 7508) did not pass. Expunged convictions may be denied on job applications.
Exceptions
- Law enforcement, bar, teaching, coaching and early childhood applicants must disclose (§ 12-1.3-4(b)).
- Sale, delivery and manufacturing marijuana offenses are not auto-expunged.
R.I. Gen. Laws § 12-1.3-5(a) · R.I. Gen. Laws § 12-1.3-5(b) · R.I. Gen. Laws § 12-1.3-4(b) · P.L. 2026, ch. 171 (H 7079 Sub A), amending R.I. Gen. Laws § 12-1.3-2(h) · R.I. Gen. Laws § 12-1-12.1(a)(1)
Credit checks for employment
Who it covers: Not applicable.
No ban on employer credit checks. Rhode Island requires only that the person be told in advance that a credit report may be requested, and that a denial based on a credit report come with notice and the credit bureau’s name and address (see state_fcra).
Salary history questions
Who it covers: All employers.
In force since: January 1, 2023
An employer may not seek an applicant’s wage history, rely on it to decide whether to consider the applicant, set minimum or maximum prior-wage criteria, or rely on it to set starting pay. After an initial offer that states compensation, the employer may rely on wage history the applicant volunteered without prompting to support a higher wage.
Exceptions
- After an initial offer with stated compensation: wage history voluntarily provided without prompting, to support a higher wage.
R.I. Gen. Laws § 28-6-22(a)(4) · R.I. Gen. Laws § 28-6-22(a)(1) · R.I. Gen. Laws § 28-6-22(b)(1)
Cannabis use and testing
Who it covers: All employers.
In force since: May 25, 2022
Adult use and medical. An employer may not fire or discipline an employee solely for private, lawful cannabis use outside the workplace, unless a collective bargaining agreement says otherwise, the job is safety-sensitive, or the employer is a federal contractor or otherwise bound by federal law. Employers may ban use, possession and impairment at work and may act on policy violations. The adult-use protection speaks to employees, not applicants, and does not limit pre-employment testing. Medical cardholders may not be refused employment or penalized solely for cardholder status, with workplace-use, safety and federal-law exceptions.
Exceptions
- Collective bargaining agreement that prohibits the use.
- Hazardous, dangerous or public-safety jobs (24-hour pre-shift ban allowed).
- Federal contractors or employers who would lose a federal benefit.
- Use, possession or impairment at work; policy violations.
R.I. Gen. Laws § 21-28.11-29(d) · R.I. Gen. Laws § 21-28.11-29(d)(2) · R.I. Gen. Laws § 21-28.6-4(e)
Drug and alcohol testing procedures
Who it covers: Private employers. Public-employer applicant testing is limited to law enforcement, correctional officer, firefighter and federally required positions (§ 28-6.5-2(b)).
In force since: January 1, 1994
Applicant testing is allowed only if the job offer is conditioned on a negative result, the sample is given in private, and a positive result is confirmed by a federally certified lab using GC/MS or an equally accurate method. Current employees may be tested only on documented reasonable suspicion, with a written policy, confidentiality, a chance to rebut, and referral to treatment rather than discharge on a first positive. Violations are a misdemeanor and carry civil remedies.
Exceptions
- Federally mandated testing (DOT-covered drivers, public utility and mass transit, highway maintenance under 49 C.F.R. Part 40).
- Where the conditions conflict with federal law.
R.I. Gen. Laws § 28-6.5-2(a)(1) · R.I. Gen. Laws § 28-6.5-2(a)(3) · R.I. Gen. Laws § 28-6.5-1(a)(1) · R.I. Gen. Laws § 28-6.5-1(b)
The state consumer reporting law
Who it covers: Any person or business that requests a credit report in connection with an employment application.
No full FCRA analogue. Two employer duties sit in the Deceptive Trade Practices chapter: before requesting a credit report for an employment application, the person must first be told a report may be requested; and if employment is denied in whole or part because of a credit report, the user must tell the person and give the credit bureau’s name and address. Credit bureaus doing business in the state must register with the Secretary of State. Applicants may add a sworn statement explaining an employment gap to their file.
R.I. Gen. Laws § 6-13.1-21(a) · R.I. Gen. Laws § 6-13.1-21(b) · R.I. Gen. Laws § 6-13.1-24
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 Rhode Island 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, Rhode Island sets these for each new hire.
- State withholding. Have each new hire complete Form RI W-4 and keep it with your payroll records, available to the Division of Taxation on request. The federal W-4 cannot be used for Rhode Island withholding. Form RI W-4
- New hire report. Report each new hire to Rhode Island within 14 days. State new hire reporting
- Notices at hire. Written wage and employment notice at start of employment; Notice of right to be free from discrimination because of pregnancy, childbirth, menopause and related conditions (4 or more employees).
Build the new hire checklist for Rhode Island, with city rules, special cases and a due date for each item.
Sources
- R.I. Gen. Laws § 28-5-7(7)
- R.I. Gen. Laws § 28-5-6(9)(i)
- R.I. Gen. Laws § 12-1.3-4(b)
- R.I. Gen. Laws § 12-1.3-5(a)
- P.L. 2026, ch. 171 (H 7079 Sub A), amending R.I. Gen. Laws § 12-1.3-2(h)
- R.I. Gen. Laws § 12-1-12.1(a)(1)
- R.I. Gen. Laws § 28-6-22(a)(4)
- R.I. Gen. Laws § 21-28.11-29(d)
- R.I. Gen. Laws § 21-28.6-4(e)
- R.I. Gen. Laws § 28-6.5-2(a)(1)
- R.I. Gen. Laws § 28-6.5-1(a)(1)
- R.I. Gen. Laws § 6-13.1-21(a)
- R.I. Gen. Laws § 6-13.1-24
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.