Arizona Background Checks laws & HR compliance analysis

Arizona Background Checks: What you need to know

There are a number of ways for employers to gather information on the background of an applicant for employment. Employers may simply call an applicant's former employer to confirm the applicant's dates of employment and title and to try to obtain a more detailed reference from a supervisor. However, more and more frequently, employers are hiring third parties to conduct background checks on applicants who have been offered employment. In addition, depending on the nature of the position, employers are requesting reports about an applicant's driving record, criminal record, and/or credit history. There are often legal limits on employers obtaining and using this type of information. When employers hire a third party to conduct a background check or to obtain reports from outside agencies, such reports are subject to the federal Fair Credit Reporting Act (FCRA) and state laws. In Arizona, employers must comply with laws concerning consumer reports, criminal background checks, and driver's record information.
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The Arizona FCRA allows a consumer reporting agency to furnish consumer reports to people it believes will use the information for employment purposes. Employers that make adverse employment decisions based on consumer credit reports must supply the applicant with the name and address of the reporting agency (AZ Rev. Stat. Sec. 44-1691et seq.).
An employer may receive a copy of an employee's or applicant's criminal history record from the state's criminal history repository by submitting the fingerprints and written authorization of the person to whom the record pertains. However, an employer may not divulge the information to anyone else and ...

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