Download the FCRA vs. 50 States Quick Reference Guide
A one-page summary comparing FCRA and state-by-state requirements.
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 →State Laws at a Glance
Five areas where state law most often goes beyond the FCRA baseline.
States With Ban the Box Laws
The following 16 states (including District of Columbia) require that criminal history questions be removed from job applications, delaying them until after an interview or conditional offer.
- California
- Colorado
- Connecticut
- District of Columbia
- Hawaii
- Illinois
- Maine
- Maryland
- Massachusetts
- Minnesota
- New Jersey
- New Mexico
- Oregon
- Rhode Island
- Vermont
- Washington
The following 5 states have no statewide law but do have local ordinances covering private employers. Every other state follows the FCRA baseline, which sets no restriction on when the question may be asked.
States With Criminal Record Lookback Limits
The FCRA places no time limit on reporting criminal convictions. The following 9 states impose their own restrictions, generally capping conviction reporting at 7 years from disposition, release, or parole.
Several of these carry salary-based exceptions, so higher-paying roles may fall outside the cap. Every other state follows the FCRA baseline, which limits non-conviction records to 7 years but places no limit on convictions.
States With Credit Report Restrictions
The following 12 states (including District of Columbia) restrict how employers may use consumer credit history in hiring decisions.
- California
- Colorado
- Connecticut
- District of Columbia
- Hawaii
- Illinois
- Maryland
- Nevada
- New York
- Oregon
- Vermont
- Washington
Philadelphia has its own ordinance covering employers in the city. Most of these laws carry exceptions for financial, managerial, or trade-secret roles. Every other state follows the FCRA baseline, which permits credit checks with disclosure and authorization.
States With a Salary History Ban
The following 20 states (including District of Columbia) prohibit employers from asking about a candidate’s prior pay. Since the FCRA does not address the topic, salary history questions remain fully permitted elsewhere.
- Alabama
- California
- Colorado
- Connecticut
- Delaware
- District of Columbia
- Hawaii
- Illinois
- Maine
- Maryland
- Massachusetts
- Minnesota
- Nevada
- New Jersey
- New York
- Oregon
- Rhode Island
- Vermont
- Virginia
- Washington
Ohio and Pennsylvania have no statewide ban but do have local ordinances. Most of these laws also prohibit using pay history to set a new offer, even when the applicant volunteers it.
States With an Adverse Action Waiting Period
The FCRA requires a reasonable waiting period between the pre-adverse action notice and the final decision, but does not define one. The following 3 states set a specific number of days.
- California – 5 business days
- Illinois – 5 business days
- Washington – 2 business days
Every other state follows the FCRA baseline. Some states without a set waiting period still require additional notice language or forms, so check the individual state page for where the candidate will work.
Heavily Regulated States
States that add significant requirements beyond the FCRA baseline.
California
- Ban the Box
- Criminal Lookback Period
- Salary History Ban
- Credit Report Restrictions
- Marijuana Protections
Colorado
- Ban the Box
- Criminal Lookback Period
- Salary History Ban
- Credit Report Restrictions
Connecticut
- Ban the Box
- Salary History Ban
- Credit Report Restrictions
- Marijuana Protections
Hawaii
- Ban the Box
- Criminal Lookback Period
- Salary History Ban
- Credit Report Restrictions
Illinois
- Ban the Box
- Salary History Ban
- Credit Report Restrictions
- Marijuana Protections
Maryland
- Ban the Box
- Salary History Ban
- Credit Report Restrictions
New York
- Criminal Lookback Period
- Salary History Ban
- Credit Report Restrictions
- Marijuana Protections
Washington
- Ban the Box
- Criminal Lookback Period
- Salary History Ban
- Credit Report Restrictions
- Marijuana Protections
Background Check Law Trends
AI & Automated Hiring
States are introducing regulation for algorithmic hiring tools and automated decision-making in the screening process.
Clean Slate / Automatic Record Sealing
More states are automatically sealing certain criminal records, including recent laws in Virginia and Pennsylvania.
Marijuana Protections
States continue to expand employment protections tied to off-duty marijuana use.
Pay Transparency
A growing number of states now require employers to disclose salary ranges in job postings, a trend distinct from, but often paired with, salary history bans.
Credit Report Restrictions Expanding
Many states are restricing credit checks to roles with real financial responsibility, and some now require employers to put their job related justification in writing.
Frequently Asked Questions
Do all states follow the FCRA?
Yes. The FCRA is a federal law and applies nationwide as the baseline for any employer using a third-party background check provider. No state can offer less protection than the FCRA, and most add requirements on top of it, though the FCRA does preempt state regulation in a few specific areas.
Which state law applies if the employer and applicant are in different states?
Usually the law of the state where the work will be performed, though some states apply their rules based on where the applicant lives. This area is not fully settled, and many employers follow the stricter of the two as a practical matter.
Do city and county laws also apply?
Sometimes. A number of cities and counties have their own hiring rules that go further than the state’s, and in a few states, local rules are preempted entirely. Check the local ordinances section on the relevant state page.
Why do state laws vary so much?
The FCRA sets a federal floor rather than a ceiling in most areas. States and local governments have added their own protections on top of it, which is why the same background check can be handled differently depending on where the candidate will work.
Do these laws apply to every employer?
Not always. Some state laws only apply above a certain employee count, and many carve out roles where a background check is required by law, such as childcare, healthcare, law enforcement, and some financial positions.
Do states require additional forms or notices?
Yes. Several states require their own standalone disclosure or notice language beyond what the FCRA requires. Check the individual state page for the state where the candidate will work.
Are expunged or sealed records reported?
Generally, no. Expungement or sealing removes the record from public court files, so it should not appear on a background check. Records occasionally surface anyway from private databases that have not been updated, which is grounds for a dispute.
Can employers reject applicants for marijuana use?
It depends on the state. A number of states now protect lawful off-duty marijuana use to some degree, though employers can generally still enforce a drug-free workplace and act on impairment at work.
