Employers in Utah commonly use employment background checks to enhance their hiring process, mitigate risks, and gain comprehensive insights into candidates’ backgrounds, including criminal history, employment history, driving records, and other relevant details.

Background checks are a vital tool in Utah’s hiring process, but navigating federal, state, and local laws can be complex. This guide explains how to obtain a background check in Utah, what information is included, and the key laws that employers need to follow.

What Is a Utah Background Check?

Conducting background checks is standard practice in Utah for assessing candidates during the hiring process. Nonprofits also use these checks for volunteer screening. Utah background checks can include a variety of screenings such as:

• Criminal records: Reveals felony or misdemeanor convictions.
• Driving history: Assesses citations, license suspensions, revocations, and any DUI or drug-related charges while driving, especially important for driving-related roles.
• Education verification: Confirms academic credentials, including institutions attended, degrees earned, and graduation dates.
• Employment verification: Confirms past job titles, employers, and employment periods.
• Credit checks: Reviews payment history, collections, and bankruptcies, particularly for roles with financial responsibility.
• Drug testing: Screens for controlled substances and prescribed medications, often required for public safety positions or by law in roles like commercial trucking.

What Shows Up on a Utah Background Check?

Here’s a breakdown of what may appear in a Utah employment background check:

• Criminal background checks: Felony or misdemeanor convictions.
• Driving record checks: Includes violations like DUIs, license suspensions, and other traffic-related offenses.
• Education and employment verification: Confirms academic and employment histories.
• Credit checks: Provides insight into financial status, especially for positions with financial responsibilities.
• Drug testing: Detects illegal drug use or misuse of prescription medications.

How Far Back Do Utah Background Checks Go?

The scope of Utah background checks can vary depending on the search type, legal requirements, and whether a Consumer Reporting Agency (CRA) is used. Criminal convictions can remain on an individual’s record indefinitely unless expunged. Utah allows individuals to petition for expungement of certain convictions through the Bureau of Criminal Identification (BCI), although some offenses, such as felony DUIs and sex offenses, may not qualify.

For employers working with CRAs, the Fair Credit Reporting Act (FCRA) imposes certain restrictions on reporting:

• Arrests not leading to convictions and other non-convictions: Seven-year look back.
• Civil suits, judgments, and collections: Seven-year look back.
• Bankruptcies: 10-year look back.

However, criminal convictions can be reported indefinitely, and FCRA time limits may not apply to high-paying roles (over $75,000).

How Much Does a Utah Background Check Cost?

The cost of a Utah background check depends on factors like the type of search, number of reports needed, and whether it’s done independently or through a CRA. For example:

• A Utah motor vehicle report typically costs $8.
• CRA packages, like those offered by Identify Background Checks, start at $10.00, offering customizable background check options for employers.

Utah Background Check Laws

Utah employers must comply with federal, state, and local fair hiring laws when conducting background checks. Below are key laws governing background checks in Utah:

1. Ban-the-Box Law (House Bill 156)
   Public sector employers cannot ask about a candidate’s criminal history until after the initial interview or a conditional job offer. This law applies to public employers, including counties and municipalities, but not private employers.

2. Criminal Investigations and Technical Services Act
   Utah Code § 53-10-08 allows certain employers, such as state agencies, law enforcement, and legal professionals, to request a candidate’s state criminal record. Other employers may only request FBI background checks or ask candidates to obtain their own state records. Candidates must provide written consent for criminal records to be shared with the employer.

3. Fair Credit Reporting Act (FCRA)
   Employers who use a CRA for background checks must follow FCRA rules, which require:

   • Written notice of the intent to conduct a background check.
   • Written consent from the candidate before proceeding.
   • Adherence to the adverse action process if a candidate is rejected based on background report findings.

By following these laws, employers can ensure a lawful and fair hiring process while minimizing legal risks.