Employment Discrimination For Criminal Record In Maricopa
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FAQ
It can be difficult for those with a criminal record of any kind to find employment. Many employers believe that once a person has been convicted of a crime, that person will always be unreliable. Even employers in low-risk industries tend not to hire applicants with criminal records.
Depending on where you live, there may be ways to conceal your criminal record from background checks, such as through expungement or sealing. These processes and eligibility requirements vary by jurisdiction, so it is best to contact an expungement or sealing attorney in your state to see your eligibility.
If a criminal background check is conducted but doesn't relate to the nature of the job, the applicant might make a legal claim for discrimination or argue that the information obtained cannot be used when making hiring decisions.
Legally, the interviewer can ask only if the person has been convicted of a crime. Most employers consider a felony to deter their choosing that person. They can't ask if the person has been arrested or for what.
In Arizona, background checks typically look back seven years due to the Fair Credit Reporting Act (FCRA) guidelines. However, there are exceptions to this rule, especially for positions requiring higher responsibility or financial oversight, where the lookback period can be extended.
On January 1, 2023, A.R.S. Section 13-911 went into effect, which allows for certain individuals with criminal records to seal those records from public view. Previously, Arizona only allowed conviction “set-asides” but not expungements or record sealings.
This seven-year lookback period doesn't apply to jobs with a salary of $75,000 or more. Some states limit the lookback period for criminal records to seven years. However, there is no 7-year background check law in Arizona, and criminal convictions may be reported indefinitely under the FCRA.
Is Arizona a Felony-Friendly State? The decision to no longer inquire about criminal history on job applications in Arizona, has made them one of the 35 states that “Ban the Box.” This means that Arizona employers can no longer ask an applicant about their criminal history on a job application.