Arizona laws on background checks


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Once you have been convicted of a crime then you may learn that finding employment is not easy. This is true even if your offense was a misdemeanor. More and more employers are using background check companies as a tool to make hiring decisions. These employers often reject an applicant if their record does not come back clean. This can be frustrating for a person who has served their time and wishes to move on with their life and be a productive member of society. Bretton Barber is a Phoenix area attorney who can assist those convicted of felony and misdemeanor crimes find work through the setting aside, or expungement, of their criminal record.

Some states have ban-the-box laws with additional requirements. Some laws only apply to employers of a specific size, and some require employers to wait until a later point in the hiring process to ask about criminal histories, such as after a conditional offer is made. Below is a list of all 35 Ban-the-Box states and their regulations.

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Some municipalities that have separate ban-the-box laws have been included. Many counties and cities have separate ban-the-box laws, in states with and without them, which have not been included in this list. The ban-the-box law for the state of Arizona applies to businesses with more than 15 employees. Criminal history inquiries are prohibited until an interview or a conditional job offer if there is no interview.


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Employers are only able to ask about criminal history in the last seven years. The ban-the-box law for the state of California applies to any employer public and private with five or more employees. A criminal background inquiry is prohibited until after a conditional job offer.

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In Compton, the ban-the-box law applies to contractors doing business with the city. A background check is allowed after a conditional job offer. In Los Angeles , the ban-the-box law applies to any employer with 10 or more employees. Criminal history questions are prohibited until after a conditional job offer. In Richmond , the ban-the-box law applies to private employers with 10 or more employees that contract with the city. Effective September 1, , the ban-the-box law for the state of Colorado applies to private employers with 11 or more employees. The law will apply to all employers starting on or after September 1, The ban-the-box law for the state of Connecticut applies to all employers, and any criminal history questions on initial job applications are banned with very limited exceptions.

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In Hartford and New Haven , the ban-the-box law applies to contractors doing business with the city, and background checks are only permitted after a conditional job offer. The ban-the-box law for the state of Delaware applies to public employers. Criminal history inquiries are prohibited until a conditional offer of employment. The ban-the-box law for the District of Columbia applies to all employers public and private with more than 10 employees.

Background checks are only permitted after a conditional job offer. The ban-the-box law in the state of Georgia applies to public sector employers.

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Criminal history inquiries are prohibited on job applications and employers can inquire during interviews. In Atlanta , the ban-the-box law applies to public sector employers as it does in the state. Employers may only inquire into criminal history after the candidate completes a second interview or is deemed qualified. The ban-the-box law applies to all private employers. Criminal history inquiries are not permitted until after a conditional job offer. The ban-the-box law applies to private employers with 15 or more employees. Criminal history inquiries are prohibited until prior to a job interview or until after a conditional job offer if no interview occurs.

In Chicago and Cook County, the law applies to private employers with less than 15 employees, and criminal inquiry conditions are the same as the state. Initial applications will not inquire about criminal history or convictions unless of a particular crime that precludes that person from employment in that specific position. A background check may be conducted later in the hiring process.

In Indianapolis , the law applies to contractors doing business with the city.

Background Checks

Criminal history questions are not permitted until after the first interview. The ban-the-box law for the state of Kansas applies to executive branch departments, agencies, boards and commissions under the Office of the Governor. Criminal history inquiries are prohibited on the initial employment application, and a criminal history may not automatically disqualify a candidate. Employers are prohibited to inquire about criminal history until after contacting the applicant to offer an interview.

In Louisville , a ban-the-box law applies to contractors doing business with the city. The ban-the-box law in Louisiana applies to public sector employers for the State of Louisiana. Employers may only make criminal history inquiries after the first interview or a conditional job offer if there is no interview. In New Orleans , the ban-the-box law applies to contractors doing business with the city. City contractors are prohibited to ask criminal history questions on initial job applications. The ban-the-box law in Maine applies to only state government employers. Criminal history inquiries are prohibited on application forms.

The ban-the-box law in Maryland applies to public employers for the State of Maryland. Criminal history inquiries are not allowed until after the employer has provided the applicant an opportunity for an interview. In Baltimore , the ban-the-box law applies to all employers with 10 or more employees. Criminal record checks and inquiries are prohibited until a conditional job offer has been made. In Montgomery County, a ban-the-box law applies to any employer with 15 or more employees in the county.

Criminal history questions and background checks are prohibited until after the first interview. The ban-the-box law applies to private employers.

http://taylor.evolt.org/rohal-lugares-para.php By requesting a criminal history record from the Criminal History Records Section, a person theoretically is able to obtain information about arrests and prosecutions in any state or municipal court in the state of Arizona. Other alternatives are available to a person who desires to obtain a copy of his or her criminal history record. A person interested in obtaining a criminal history record can access other resources for this data as well. Local courts and law enforcement agencies in the state do maintain criminal history records.

Alternate Sources for an Arizona Criminal History Record

A person seeking a criminal history record from a local recourse needs to keep a couple of important factors in mind. For example, the most comprehensive report is likely to be available at the Central State Repository because of its statutory duty to maintain complete data for a truly extended period of time. In addition, unlike the Central State Repository, a person seeking a criminal history record from a local depository a court or law enforcement agency is likely to be charged a fee for that information. On the other hand, if a person has a very limited criminal history -- perhaps only one case in one Arizona jurisdiction -- obtaining a criminal history record in that local jurisdiction may be more convenient and may make the most sense.

Arizona has a very straightforward law regarding how long a criminal history record is maintained. Arizona law requires that a criminal history record be maintained until the subject of the record reaches the age of 99 or until one year after that person dies. There are no shorter periods for misdemeanors or less serious felonies. Once data is put into a criminal history record, it must be maintained ta the Central State Repository for this period of time. You may be able to clear your criminal record depending on the types of charges that you have.

You may be able to set aside expunge your record if it resulted in a conviction or seal your record if it only resulted in an arrest. If you would like to find out if your case is eligible to be expunged or sealed , the quickest and easiest way is to take this free online eligibility test or call for a free assessment. You can learn more about Arizona expungements, set asides and record sealing here.