Federal Law (FCRA)
The Fair Credit Reporting Act (FCRA) establishes the federal minimum requirements for employment background checks, including disclosure and authorization requirements, consumer rights, and the adverse action process. Many states impose additional requirements that employers must also follow.
Read FCRA OverviewOklahoma: Key Requirements
Scroll to view all requirements below.
Ban the Box / Fair Chance Hiring
Oklahoma's ban the box policy applies only to state agencies, prohibiting them from asking about felony convictions on the initial job application. Private employers may ask about criminal history on the initial job application and at any stage of the hiring process.
Criminal Record Lookback Period
Oklahoma has no state law limiting how far back a criminal background check can go. Employers must follow the federal FCRA baseline.
Reporting Restrictions
Oklahoma has not adopted a mini FCRA or other comprehensive state consumer reporting law. Employers must follow the federal FCRA baseline.
Expunged / Sealed Records
Under Oklahoma law, a sealed or expunged record is treated as though it never occurred, and employers, educational institutions, and government agencies are prohibited from requiring an applicant to disclose any information contained in a sealed record, in any application, interview, or otherwise. Oklahoma has also enacted a Clean Slate law providing for automatic sealing of eligible cases, though implementation has been delayed beyond its original timeline.
Sex Offender Registry Use & Restrictions
Oklahoma permits employers to use publicly available sex offender registry information for employment purposes. State law prohibits registered sex offenders from certain employment involving services to children.
*CRA reporting remains subject to applicable criminal record reporting restrictions.
Salary History Ban
Oklahoma does not have a salary history ban. Employers may ask applicants about their previous pay.
Credit Report Restrictions
Oklahoma does not restrict an employer's use of consumer credit reports in hiring decisions.
Bankruptcies
Oklahoma has no state law limiting the reporting of bankruptcies. Employers must follow the federal FCRA baseline.
Civil Judgments & Lawsuits
Oklahoma has no state law limiting the reporting of civil judgments or lawsuits. Employers must follow the federal FCRA baseline.
Tax Liens & Collections
Oklahoma has no state law limiting the reporting of paid tax liens or collection accounts. Employers must follow the federal FCRA baseline.
Marijuana / Drug Testing Protections
Oklahoma's Unity Bill prohibits an employer from denying employment, disciplining, or discharging a licensed medical marijuana patient based solely on a positive drug test for marijuana. This protection does not apply if the applicant or employee used, possessed, or was under the influence of marijuana at work, or if the position is designated safety sensitive, a category employers have broad discretion to define. Employers may still maintain written drug testing and impairment policies. Recreational marijuana remains illegal.
Pre-Adverse Action Notice & Waiting Period
Oklahoma has no state law setting a specific waiting period before taking adverse action. Employers must follow the federal FCRA baseline.
Adverse Action Notice Requirements
Oklahoma has no state law adding to the federal adverse action notice process. Employers must follow the federal FCRA baseline.
Authorization Requirements
Before requesting a consumer report for employment purposes, an employer must give the applicant written notice that a report will be used. The notice must include a box the applicant can check to request a copy of the report. If the applicant checks it, the employer must ask the reporting agency to send the applicant a copy at the same time the employer receives its own, at no cost to the applicant.
Individualized Assessment
No statute. EEOC guidance under Title VII applies.
Childcare Screening
Oklahoma requires a national criminal history records search, a search of the Oklahoma Child Care Restricted Registry, and an Oklahoma State Courts Network search for owners, responsible entities, and employees of licensed child care facilities, with reassessment every 5 years.
Unless otherwise noted, the information on this page applies to private sector employment. Government employers and certain regulated industries may be subject to additional or different requirements.
Local Ordinances That May Apply
Click a jurisdiction below to view full details.
No Local Ordinances
No known local ordinances affecting private sector background checks or hiring practices have been identified in Oklahoma at this time.
This list reflects known local ordinances at the time of publication and may not be exhaustive. Employers should confirm requirements for every city or county where they hire.
What This Means for Employers
Oklahoma gives employers wide latitude, but a few requirements still apply. To stay compliant:
Confirm permissible purpose, provide a standalone disclosure, and obtain written authorization before running a background check. Before requesting a consumer report, give the applicant written notice that a report will be used, on a form that includes a box the applicant can check to request a copy. If the applicant checks it, ask the reporting agency to send the applicant a free copy at the same time you receive yours. Do not require an applicant to disclose sealed or expunged criminal records in any application or interview. Run the required national criminal history and Restricted Registry check before hiring for any childcare role. Do not deny employment or take adverse action against a licensed medical marijuana patient based solely on a positive drug test, unless on duty impairment or a safety sensitive position applies. Before denying employment based on a report, follow the FCRA adverse action process, including pre-adverse notice, reasonable time to respond, and final adverse notice.Non-compliance can result in civil penalties, damages, and legal liability under both state and local law.
Download the Oklahoma Quick Reference Guide
Get a printable, one-page comparison of FCRA vs. Oklahoma law.