AlaskaBackground Check Laws

Summary of state laws that apply to employment background checks.

One-page summary: FCRA vs. Alaska law
Alaska outline

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 Overview →

Alaska: Key Requirements

Scroll to view all requirements below.

Ban the Box / Fair Chance Hiring

Ban the Box / Fair Chance Hiring

Alaska does not have a statewide ban the box or fair chance hiring law for private employers. Private employers may ask about criminal history on the initial job application and at any stage of the hiring process.

Source No Alaska Statute
Criminal Record Lookback Period

Criminal Record Lookback Period

Alaska has no state law limiting how far back a criminal background check can go. Employers must follow the federal FCRA baseline.

Source No Alaska Statute
Reporting Restrictions

Reporting Restrictions

Alaska has not adopted a mini FCRA or other comprehensive state consumer reporting law. Employers must follow the federal FCRA baseline.

Source No Alaska Statute
Expunged / Sealed Records

Expunged / Sealed Records

Alaska does not have a general expungement law. Records may only be sealed in narrow circumstances, such as cases involving mistaken identity or false accusation, or certain marijuana possession convictions that predate the state's 2015 legalization and would no longer be illegal today.

Source AS 12.62.180
Salary History Ban

Salary History Ban

Alaska does not have a salary history ban. Employers may ask applicants about their previous pay.

Source No Alaska Statute
Credit Report Restrictions

Credit Report Restrictions

Alaska does not restrict an employer's use of consumer credit reports in hiring decisions.

Source No Alaska Statute
Bankruptcies

Bankruptcies

Alaska has no state law limiting the reporting of bankruptcies. Employers must follow the federal FCRA baseline.

Source No Alaska Statute
Civil Judgments & Lawsuits

Civil Judgments & Lawsuits

Alaska has no state law limiting the reporting of civil judgments or lawsuits. Employers must follow the federal FCRA baseline.

Source No Alaska Statute
Tax Liens & Collections

Tax Liens & Collections

Alaska has no state law limiting the reporting of paid tax liens or collection accounts. Employers must follow the federal FCRA baseline.

Source No Alaska Statute
Marijuana / Drug Testing Protections

Marijuana / Drug Testing Protections

Alaska has legalized both medical and recreational marijuana, but neither law requires employers to accommodate use in the workplace. Employers may enforce drug free workplace policies and take adverse action based on a positive test. Alaska also has a voluntary drug testing law that protects compliant employers from certain lawsuits, provided they adopt a written policy and give employees written notice at least 30 days before testing begins.

Pre-Adverse Action Notice & Waiting Period

Pre-Adverse Action Notice & Waiting Period

Alaska has no state law setting a specific waiting period before taking adverse action. Employers must follow the federal FCRA baseline.

Source No Alaska Statute
Adverse Action Notice Requirements

Adverse Action Notice Requirements

Alaska has no state law adding to the federal adverse action notice process. Employers must follow the federal FCRA baseline.

Source No Alaska Statute
Authorization Requirements

Authorization Requirements

Alaska has no state law governing background check authorization. Employers must follow the federal FCRA baseline.

Source No Alaska Statute
Individualized Assessment

Individualized Assessment

No statute. EEOC guidance under Title VII applies.

Healthcare, Childcare & Vulnerable Population Screening

Healthcare, Childcare & Vulnerable Population Screening

Alaska requires fingerprint-based criminal background checks through the state's Background Check Program for individuals working in hospitals, clinics, long term care facilities, childcare centers, foster care programs, and other roles serving vulnerable populations. Certain convictions permanently or temporarily disqualify an individual from these positions.

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

Alaska has no local ordinances regulating criminal history inquiries by private employers.

Source

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

Alaska gives employers wide latitude, but a few requirements still apply. To stay compliant:

Provide a clear disclosure and obtain written authorization before running a background check.
Run the required Background Check Program check before hiring for any healthcare, childcare, elder care, or foster care role.
If adopting a drug testing policy, give employees written notice at least 30 days before testing begins.
Follow the FCRA's pre-adverse and final adverse action process before denying employment based on a report.
Medical and recreational marijuana use does not need to be accommodated, and drug free workplace policies may still be enforced.

Non-compliance can result in civil penalties, damages, and legal liability under both state and local law.

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