Utah Criminal Background Check Laws

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Utah Criminal Background Check Laws

In Utah, employers must comply with laws concerning consumer reports, criminal background checks, and driver's record information. Utah's Employment Selection Procedures Act prohibits an employer from requesting a job applicant's Social Security number, date of birth, or driver's license number unless the request is applicable to all applicants and will be used by the employer to obtain a credit history subject to the FCRA or to review internal records to determine whether the applicant previously applied for employment or was previously employed. In Utah, therefore, the federal laws discussed above provide the only legal protections for applicants who believe they were rejected based on criminal records. Employers that are either located in Utah or hiring Utah residents must abide by the Federal FCRA, and applicable Utah state employment laws.

Timing of inquiry: Public sector employers for the state of Utah may only inquire ito criminal history during the intital interview or later; or, if no interview is conducted, until a conditional offer of employment. What are Utah employment background check laws? No Utah Law on Employer Use of Criminal Records.

Utah law no longer limits employer use of criminal records. This page was created to provide a simple explanation of what an end-user of a background screening report (also known as consumer report) can use in order to be in compliance with Utah state laws. (Find out more about obtaining a copy of your own Utah criminal history record here) For national background check information request that your employees apply directly to the FBI for a copy of their own criminal history (Find out more about obtaining a copy of your own FBI criminal history record here)

We update this overview of Utah background check laws and ban-the-box rules often. In the past, Utah's Administrative Code indicated that is was not permissible for employers to ask about arrest records. Although Utah's Administrative Code formerly offered some protection for job seekers with criminal records, that provision is no longer in effect.

For more detailed information on Utah state laws, please consult your legal counsel. Finally, remember that a person who has a criminal conviction expunged under Utah law (or the law of many other states) may legally respond to any inquiry as though the criminal arrest or conviction did not occur. In many states, including Utah, it is legal to conduct a criminal background check during the application process in almost all cases.

State law in Utah prohibits public employers from requiring a job.. The Utah Industrial Commission cautions employers about inquiring into employee arrest records. Who must follow: This ban-the-box law applies only to public sector employers for the State of Utah, including counties and municipalities in the state.

Does a Plea in Abeyance Show Up on a Background Check in Utah? Utah Background Checks: What you need to know. If you have questions about the eligibility of your crime and regarding the waiting period” for a specific crime, talk to an experienced criminal law attorney in Utah.

Expungement of a Criminal Record in Utah. This page also contains steps an end-user must take to stay in compliance with Utah state laws. Utah is also approved to provide FBI criminal information to private entities who qualify under Public Law 109-248 the Adam Walsh Act If your entity qualifies, download the application here.

Utah Code Annotated 53-10-108 allows qualifying entities to request Utah criminal history information. If you've been charged with a crime in Utah, you need immediate legal help and clear guidance regarding your rights and option. An experienced Utah criminal defense attorney can help with the preparation and filing of the Certificate of Eligibility.

For more information on these qualifications and the process, you should talk to an experienced Utah criminal defense attorney. Moreover, the eligibility to enter this plea depends on an application submitted to the Clerk of the Court who is in entrusted with handling these applications as provided under Utah Code of Judicial Administration Rule 4-704 (Rule 4-704”). Misdemeanor and infraction offenses are common crime charges for pleas in abeyance in Utah.

https://bci.utah.gov/obtaining-utah-criminal-history-records-of-your-employees/

https://bci.utah.gov/criminal-records/

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