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 →Idaho: Key Requirements
Scroll to view all requirements below.
Ban the Box / Fair Chance Hiring
Idaho 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.
Criminal Record Lookback Period
Idaho has no state law limiting how far back a criminal background check can go. Employers must follow the federal FCRA baseline.
Reporting Restrictions
Idaho has not adopted a mini FCRA or other comprehensive state consumer reporting law. Employers must follow the federal FCRA baseline.
Expunged / Sealed Records
Idaho does not have a broad expungement law for adult convictions. Under the Idaho Clean Slate Act, a person may petition to have one eligible non-violent, non-assaultive misdemeanor or drug possession felony shielded from public records, but only after 5 years have passed since completing the sentence, including probation and parole, with no new convictions during that time. Sealed records are not available to private employers or background check companies.
Salary History Ban
Idaho does not have a salary history ban. Employers may ask applicants about their previous pay.
Credit Report Restrictions
Idaho does not restrict an employer's use of consumer credit reports in hiring decisions.
Bankruptcies
Idaho has no state law limiting the reporting of bankruptcies. Employers must follow the federal FCRA baseline.
Civil Judgments & Lawsuits
Idaho has no state law limiting the reporting of civil judgments or lawsuits. Employers must follow the federal FCRA baseline.
Tax Liens & Collections
Idaho 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
Idaho has no legal marijuana program of any kind, medical or recreational, and is one of the few remaining states with full prohibition. Employers may test for marijuana, enforce a zero tolerance policy, and take disciplinary action or deny employment based on a positive test, with no cardholder or off duty use exceptions.
Pre-Adverse Action Notice & Waiting Period
Idaho has no state law setting a specific waiting period before taking adverse action. Employers must follow the federal FCRA baseline.
Adverse Action Notice Requirements
Idaho has no state law adding to the federal adverse action notice process. Employers must follow the federal FCRA baseline.
Authorization Requirements
Idaho 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.
Childcare & Vulnerable Adult Screening
Idaho requires a criminal history and background check, renewed at least every 5 years, for owners, operators, and employees of daycare facilities who have direct contact with children, as well as other individuals age 13 or older with unsupervised access to children or regular presence on the premises. A related program covers individuals who provide care or services to vulnerable adults.
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
Idaho 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
Idaho 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. Do not ask about or consider a criminal record that has been sealed under the Clean Slate Act. Run the required fingerprint based background check before hiring for any childcare or vulnerable adult care role. Follow the FCRA's pre-adverse and final adverse action process before denying employment based on a report. Marijuana use does not need to be accommodated for any applicant or employee; zero tolerance policies are fully enforceable.Non-compliance can result in civil penalties, damages, and legal liability under both state and local law.
Download the Idaho Quick Reference Guide
Get a printable, one-page comparison of FCRA vs. Idaho law.