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 →Rhode Island: Key Requirements
Scroll to view all requirements below.
Ban the Box / Fair Chance Hiring
Rhode Island's Fair Employment Practices Act makes it an unlawful employment practice to ask on a job application, or otherwise inquire orally or in writing before the first interview, whether an applicant has ever been arrested, charged with, or convicted of a crime. After the first interview, the employer may ask about criminal convictions. The law applies to employers with 4 or more employees. Exceptions apply for law enforcement positions and where federal or state law disqualifies people with certain convictions or requires an earlier inquiry.
*The 4 employee threshold means the smallest Rhode Island employers are not covered by this timing restriction, though they remain subject to the federal FCRA.
Criminal Record Lookback Period
Rhode Island has no state law limiting how far back a criminal background check can go. Employers must follow the federal FCRA baseline.
Reporting Restrictions
Rhode Island has not adopted a mini FCRA or other comprehensive state consumer reporting law. Employers must follow the federal FCRA baseline.
Expunged / Sealed Records
Rhode Island allows individuals to petition a court to expunge or seal eligible criminal records after applicable waiting periods. Once a record is expunged, the person is generally treated as not having been convicted and may answer questions about the record accordingly. Employers may not ask about arrests, charges, or convictions that have been expunged or sealed, and may not require applicants to disclose them. Rhode Island also provides an expedited expungement process for certain marijuana offenses that are no longer crimes.
Salary History Ban
Rhode Island prohibits employers from seeking an applicant's wage history, relying on wage history when considering a candidate, and setting a minimum or maximum prior wage as a condition of consideration. After making an offer with compensation, an employer may consider wage history that the applicant voluntarily provided, but only to support a wage higher than the one already offered, and only where it does not create an unlawful pay differential. An employer may request a background check that does not seek wage history, but if the check reveals wage history, the employer may not rely on it. Violations expose the employer to compensatory damages or $10,000 in special damages, plus civil penalties from $1,000 to $5,000.
Credit Report Restrictions
Rhode Island does not restrict an employer's use of consumer credit reports in hiring decisions.
Bankruptcies
Rhode Island has no state law limiting the reporting of bankruptcies. Employers must follow the federal FCRA baseline.
Civil Judgments & Lawsuits
Rhode Island has no state law limiting the reporting of civil judgments or lawsuits. Employers must follow the federal FCRA baseline.
Tax Liens & Collections
Rhode Island 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
Recreational and medical marijuana are legal in Rhode Island. Under the 2022 Cannabis Act, employers generally may not discipline or terminate an employee for off-duty use unless the employee is impaired at work, and for hazardous or safety-sensitive jobs may bar use up to 24 hours before a shift. Separately, the Medical Marijuana Act bars refusing to hire or penalizing someone solely for being a registered cardholder, and a state court has held employers may not screen out cardholders through a pre-employment test. Federal contractors and positions governed by federal law are excepted.
Pre-Adverse Action Notice & Waiting Period
Rhode Island has no state law setting a specific waiting period before taking adverse action. Employers must follow the federal FCRA baseline.
Adverse Action Notice Requirements
Rhode Island has no state law adding to the federal adverse action notice process. Employers must follow the federal FCRA baseline.
Authorization Requirements
Rhode Island has no state law governing background check authorization. Employers must follow the federal FCRA baseline.
Individualized Assessment
No statute. EEOC guidance under Title VII applies.
Wage Range Disclosure & Pay Discussion
Rhode Island employers must provide the wage range for a position to an applicant upon request, and must provide it before discussing compensation even if the applicant does not ask. At hire, at internal transfer, and whenever an employee requests it, the employer must disclose the wage range for that employee's position. Employers also may not prohibit employees from inquiring about, discussing, or disclosing their own wages or those of a coworker, and may not retaliate against an employee for doing so.
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
Rhode Island has no local ordinances regulating criminal history inquiries by private employers.
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
Rhode Island regulates several parts of the hiring process, especially criminal history timing, pay, and marijuana. To stay compliant:
Remove all criminal history questions from your job application, including arrests, charges, and convictions. Remove wage history questions from your application and interview scripts, and instruct any background check vendor not to return wage history. Provide the wage range for the position before discussing compensation, and whenever an applicant or employee requests it. Wait until the first interview before asking about criminal convictions. Exclude any expunged or sealed record from consideration entirely. Evaluate each conviction individually against the specific job rather than applying a blanket exclusion, consistent with EEOC guidance under Title VII. Do not discipline or refuse to hire based on off-duty marijuana use or medical cardholder status, absent workplace impairment or a safety-sensitive exception. Do not prohibit employees from discussing their wages with one another. Follow the FCRA adverse action process: pre-adverse notice with a copy of the report and a summary of rights, a reasonable chance to respond, then a final notice.Non-compliance can result in civil penalties, damages, and legal liability under both state and local law.
Download the Rhode Island Quick Reference Guide
Get a printable, one-page comparison of FCRA vs. Rhode Island law.