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Employers in Utah commonly utilize employment background checks to enhance their hiring process, mitigate potential risks, and gain comprehensive insights into candidates’ backgrounds, encompassing their criminal history, employment history, motor vehicle records, and other pertinent details.

Background checks play a crucial role in the hiring process for many employers in Utah. However, navigating federal, state, and local hiring laws can pose challenges. This guide addresses obtaining a background screening in Utah, essential information regarding the process, the scope of a Utah background check, and relevant hiring legislation that employers should be aware of.

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What Is A Utah Background Check?

Examining a candidate’s background is a customary practice in Utah employment procedures, aiding employers in candidate assessment during the hiring phase. For nonprofit organizations, it serves a similar purpose in screening volunteers. Various types of background checks are available in Utah for employers, encompassing criminal records, driving history, professional reference checks, and verification of employment and education. Analyzing the findings of a Utah background check assists employers in assessing a candidate’s suitability and qualifications for a position.

What Shows Up On A Utah Background Check?

Let’s delve deeper into the elements that may be uncovered in a Utah background check for employment:

  • Criminal Background Check: This scrutinizes a candidate’s criminal history, detailing any felony or misdemeanor convictions they may have.
  • Driving Record Check: This assesses a candidate’s motor vehicle record, which could reveal citations, license suspensions, and revocations. Incidents such as DUIs and drug-related charges while operating a vehicle may also be disclosed. This screening is typically prioritized for roles involving driving as part of the job.
  • Education Verification: This verifies a candidate’s academic credentials, including their educational institution, dates of attendance, degrees earned, and graduation dates. It’s often utilized for roles mandating specific degrees or educational backgrounds.
  • Employment Verification: This confirms a candidate’s previous job titles, employers, and employment durations.
  • Credit Checks: This examines an individual’s credit report, encompassing their payment history, collections, and bankruptcies. It’s commonly employed for positions entailing financial responsibility, where permissible by law.
  • Drug Testing: This screens a candidate for the presence of controlled substances, including both illicit drugs and prescribed medications. It’s prevalent in roles involving public safety, like law enforcement, or when mandated by law, such as in commercial trucking.

How Far Back Do Utah Background Checks Go?

The timeframe covered by a Utah background screening can vary, contingent upon the entity conducting the search, the extent of the investigation, and the type of background check being executed. This timeframe is influenced by pertinent federal, state, or local regulations and whether the employer has engaged a Consumer Reporting Agency (CRA) to oversee the screenings.

Delving into specifics, let’s explore the extent of background checks in Utah. For instance, as per Utah law, a criminal background check may unveil convictions retained indefinitely on an individual’s criminal record unless expunged. The state permits individuals to petition for expungement via the Bureau of Crime Identification (BCI). Although certain convictions, such as felony DUIs and registerable sex offenses, may not be eligible for expungement, individuals might succeed in having certain traffic violations and drug possession convictions expunged.

Furthermore, organizations collaborating with CRAs, like Rapid Hire Solutions, are mandated to adhere to the federal Fair Credit Reporting Act (FCRA). Under this legislation, the disclosure of arrests and non-convictions is restricted to a retrospective period of seven years for employment-related criminal background checks. Similarly, civil suits, judgments, paid tax liens, and accounts in collections are constrained to a seven-year lookback. Bankruptcies are subject to a lookback period of up to 10 years. Notably, employment and education histories are not constrained by FCRA limitations. However, exemptions from FCRA lookback constraints may apply if the position being sought carries a salary of $75,000 or higher.

How Much Is A Utah Background Check?

The expense associated with a Utah background check may fluctuate based on several factors, including the entity conducting the search, the quantity of reports required, the specific records requested, and the frequency of checks. When employers opt to conduct pre-employment screenings independently, they are responsible for covering the expenses of each record individually. For instance, procuring a Utah motor vehicle record typically incurs a fee of $8 per report.

Alternatively, employers who opt to collaborate with a Consumer Reporting Agency (CRA), such as Rapid Hire Solutions, can take advantage of tailored and all-encompassing background check packages. These packages typically commence at $29.99 and offer customizable features to suit the employer’s requirements.

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Utah Background Check Laws

In Utah, there exists one statewide ban-the-box law applicable to all public sector employers. Nevertheless, all Utah employers must adhere to pertinent federal, state, and local fair hiring statutes. To mitigate potential legal risks, Utah employers may opt to adhere to the most stringent employment background check regulations within the state.

BAN-THE-BOX LAW

As outlined in House Bill 156, public sector employers in Utah are restricted from inquiring about a candidate’s criminal history until the initial interview stage or thereafter. If no interviews occur, inquiries about a candidate’s criminal record are prohibited until a conditional employment offer is extended. This law exclusively pertains to public sector employers within the State of Utah, including counties and municipalities.

CRIMINAL INVESTIGATIONS AND TECHNICAL SERVICES ACT

Under Utah Code § 53-10-08, specific categories of employers—Utah state agencies, criminal justice agencies, law enforcement entities, and legal professionals—are authorized to request a candidate’s state criminal history information. Employers not meeting the criteria to access Utah criminal records may only solicit a Federal Bureau of Investigation (FBI) background check to ascertain a candidate’s criminal history. Alternatively, they may request candidates to conduct their own Utah criminal record searches. In all instances of employment background checks, candidates must provide a waiver authorizing the State of Utah to share criminal records with the employer or a designated third party.

FAIR CREDIT REPORTING ACT (FCRA)

Employers opting to engage a Consumer Reporting Agency (CRA) for Utah background checks must comply with the federal regulations outlined in the FCRA. This mandates employers to furnish written notice of their intention to conduct a background check and obtain written consent from the candidate before proceeding. Furthermore, adherence to the adverse action process is required if an employer decides not to hire a candidate based on information gleaned from a background report.

County Resources

Use the resources below to learn about ban-the-box laws and public records in some of Utah’s largest counties:

DAVIS COUNTY

Located in northern Utah, Davis County is home to more than 362,670 residents and is the third-most populous county. Part of the Ogden-Clearfield and Salt Lake City-Provo-Orem areas, Davis County’s largest city is Layton, and the county seat is Farmington.

Public Information & Records

 

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Get A Utah Background Check With Rapid Hire Solutions

Utah employers seeking to simplify their pre-employment background check procedures can collaborate with a reputable Consumer Reporting Agency (CRA) such as Rapid Hire Solutions. Rapid Hire Solutions offers a convenient online dashboard, automated workflows, and an extensive selection of over 100 screening choices, facilitating quicker turnaround times and precise reporting for employers. Moreover, employers gain access to compliance tools designed to assist human resources personnel in navigating federal, state, and local regulations effortlessly. Take the first step towards conducting a Utah background check by partnering with Rapid Hire Solutions.

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DISCLAIMER

The resources provided here are for educational purposes only and do not constitute legal advice. We advise you to consult your own counsel if you have legal questions related to your specific practices and compliance with applicable laws