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 →Utah: Key Requirements
Scroll to view all requirements below.
Ban the Box / Fair Chance Hiring
Utah's ban the box law applies only to public employers, prohibiting them from asking about criminal history until after an interview, or a conditional offer if there is no interview. Exceptions apply to law enforcement, criminal and juvenile justice, and positions involving children or vulnerable adults. Private employers may ask about criminal history on the initial job application and at any stage of the hiring process.
Criminal Record Lookback Period
Utah has no state law limiting how far back a criminal background check can go. Employers must follow the federal FCRA baseline.
Reporting Restrictions
Utah has not adopted a mini FCRA or other comprehensive state consumer reporting law. Employers must follow the federal FCRA baseline.
Expunged / Sealed Records
Utah's Clean Slate law automatically expunges many eligible records without requiring a petition. Acquittals are sealed after 60 days, dismissals after 180 days, and eligible misdemeanor convictions after 5 to 7 years, as long as court debts are paid and no new charges have occurred. Violent felonies and sex offenses are not eligible. Once expunged, an applicant may respond to any inquiry as though the arrest or conviction did not occur, and an employer may not consider it.
Salary History Ban
Utah does not have a salary history ban. Employers may ask applicants about their previous pay.
Credit Report Restrictions
Utah does not restrict an employer's use of consumer credit reports in hiring decisions.
Bankruptcies
Utah has no state law limiting the reporting of bankruptcies. Employers must follow the federal FCRA baseline.
Civil Judgments & Lawsuits
Utah has no state law limiting the reporting of civil judgments or lawsuits. Employers must follow the federal FCRA baseline.
Tax Liens & Collections
Utah 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
Utah's Medical Cannabis Act provides drug testing protections only to public sector employees, who may not face adverse action for a positive marijuana test without evidence of impairment on the job. This protection does not extend to private sector employees. Private employers may test, discipline, or decline to hire an applicant based on marijuana use regardless of medical cannabis card status. Recreational marijuana remains illegal.
Pre-Adverse Action Notice & Waiting Period
Utah has no state law setting a specific waiting period before taking adverse action. Employers must follow the federal FCRA baseline.
Adverse Action Notice Requirements
Utah has no state law adding to the federal adverse action notice process. Employers must follow the federal FCRA baseline.
Authorization Requirements
Utah's Employment Selection Procedures Act prohibits an employer from requesting an applicant's Social Security number, date of birth, or driver's license number before extending a job offer, except when the information is requested as part of obtaining a criminal background check, credit report, or driving record, and the applicant consents.
Individualized Assessment
No statute. EEOC guidance under Title VII applies.
Childcare Screening
Utah requires a state and FBI fingerprint based criminal history background check, along with a check of the child abuse central registry, for individuals working at licensed childcare facilities. A new check is required if the individual has not been associated with an active facility within the prior 180 days or has resided outside Utah since the last check.
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 Utah 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
California laws are designed to promote fair hiring and reduce barriers for qualified candidates. To stay compliant:
Provide a clear disclosure and obtain written authorization before running a background check. Only request a Social Security number, date of birth, or driver's license number before a job offer as part of the background check itself, and only with the applicant's consent. Do not ask about or consider expunged criminal records. Run the required state and FBI fingerprint background check before hiring for any childcare role. Follow the FCRA's pre-adverse and final adverse action process before denying employment based on a report. Private employers may test, discipline, or decline to hire based on marijuana use regardless of medical cannabis card status; that protection applies only to public employees.Non-compliance can result in civil penalties, damages, and legal liability under both state and local law.
Download the Utah Quick Reference Guide
Get a printable, one-page comparison of FCRA vs. Utah law.