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Background check basics for HR in Arizona.

Arizona background checks: 7 years (fcra default), disclosure and authorization mechanics, and the state statutes that layer on top of FCRA.

What changes in Arizona

  • Report lookback: 7 years (FCRA default). Arizona reports follow the FCRA seven-year cap for non-convictions; convictions can be reported indefinitely.
  • Ban-the-box: Public sector (Executive Order 2017-07). Governor Ducey's 2017 executive order removed the conviction question from initial state-agency applications. There is no private-employer requirement statewide.
  • Salary history: No restriction. No statewide salary-history ban.
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"Review our FCRA disclosure and authorization form for standalone compliance. Focus on Arizona."

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Practitioner steps for Arizona

  1. Step 1. Use the Arizona report lookback correctly: 7 years (FCRA default).
  2. Step 2. Follow the FCRA §1681b(b)(2)(A) disclosure and authorization rules and layer any AZ-specific consent language required.
  3. Step 3. Respect the Arizona ban-the-box trigger (Public sector (Executive Order 2017-07)) before running any criminal search.
  4. Step 4. Check AZ statutes for expungement, seal, and non-conviction reporting rules and configure the CRA to suppress those records.

Applicable Arizona statutes and references

  • ARS §36-2813 (AMMA)
  • ARS §13-905 (set-aside)
  • Exec. Order 2017-07
  • 15 U.S.C. §1681 et seq. (federal FCRA)

Frequently asked (federal + Arizona overlay)

Do I need a separate FCRA disclosure?

Yes. The FCRA requires a clear and conspicuous standalone disclosure — not buried in an employment application — before obtaining a consumer report.

Can I include a liability release in the disclosure?

No. Courts have repeatedly held that adding a liability release voids the disclosure and creates statutory FCRA liability.

How current does authorization need to be?

One valid, written authorization can support future reports if it clearly discloses that possibility; otherwise, get a new authorization each time.

Related Arizona topics

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Ask HR AI is not legal advice. Confirm any final answers or suggested actions with your employment legal counsel before acting on them.