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Utah Background Checks

A guide to Utah background checks

Employers may use an employment background check in Utah to make more informed hiring decisions, reduce potential risk, and get more insight into a candidate’s history, including their criminal record, past jobs, motor vehicle records, and more. 


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Background checks in Utah may be an important part of the hiring process for some employers, but it can also be challenging for employers to navigate federal, state, and local hiring laws. This guide covers how to get a background screening in Utah, what employers need to know about how a Utah background check is conducted, what may be included in a background check, and hiring laws that may apply. 

What Is A Utah Background Check?

A Utah background check for employment looks into a candidate’s history and is often used during the hiring process to help employers screen candidates, or in the case of a nonprofit organization, can be used to screen volunteers. There are different types of UT background checks for employers to choose from, and some of the most common include criminal records, driving history, and professional reference checks, along with employment and education verification. Reviewing the results of a background check in Utah can help employers evaluate a candidate’s qualifications and eligibility for a role. 

What Shows Up On A Utah Background Check?

Here’s a closer look at what may show up on a Utah background check for employment:

  • Criminal background check to look into a candidate’s criminal history information, including felony or misdemeanor convictions.
  • Driving record check to review a candidate’s motor vehicle record, which may include citations and license suspensions and revocations. DUIs and drug-related charges that occurred while operating a vehicle may also show up. This screening may be more commonly used for positions that involve driving as part of the job.
  • Education verification to confirm a candidate’s academic background, including where they went to school, dates of attendance, degrees obtained, and graduation dates. This screening may be more commonly used for positions that require specific degrees or educational backgrounds. 
  • Employment verification to confirm past job titles, previous employers, and employment dates. 
  • Credit checks to review an individual’s credit report, including payment history, collections, and bankruptcies. This screening may be more commonly used for positions with financial responsibility, where allowed by law. 
  • Drug testing to screen a candidate for the presence of controlled substances, including illicit drugs and prescriptions. This screening is commonly used for positions that involve public safety, such as law enforcement, or where required by law, such as commercial trucking.

How Far Back Do Utah Background Checks Go?

The lookback periods on a Utah background screening can vary depending on who is conducting the search, the scope of the check, and what type of background check is being performed. Lookback periods will be affected by applicable federal, state, or local laws and whether or not the employer is partnering with a CRA to conduct the screenings. 

So, how far back does a background check go in Utah? Let’s dig a little deeper. For example, under Utah law, a criminal background check in Utah may reveal convictions that stay on your criminal record indefinitely unless expunged. Utah law allows individuals to request an expungement through the Bureau of Crime Identification (BCI). While some types of convictions aren’t eligible for expungement, such as felony DUIs and registerable sex offenses, individuals may be able to have certain types of traffic violations and drug possession convictions removed. 

Organizations that partner with a CRA, like GoodHire, must also follow the federal Fair Credit Reporting Act (FCRA). Under this law, reporting of arrests and non-convictions is limited to a lookback period of seven years during criminal background checks for employment. Civil suits and judgments, paid tax liens, and accounts in collections are also limited to a seven-year lookback. Bankruptcies have a lookback period of up to 10 years. Employment and education histories are not limited under the FCRA. However, if the role the candidate is interviewing for has a salary of $75,000 or more, FCRA lookback limits may not apply.

How Much Is A Utah Background Check?

The cost of a Utah background check can vary depending on who is conducting the search, how many reports are needed, the type of records ordered, and the frequency. When employers conduct pre-employment checks directly, they will need to pay for the cost of each record individually. For example, a Utah motor vehicle record costs a fee of $8 per report. Employers that choose to partner with a CRA, like GoodHire, can benefit from customizable and comprehensive background check packages that start at $29.99. 

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Utah Background Check Laws

There is currently one Utah statewide ban-the-box law that applies to all public sector employers. However, all Utah employers must comply with any other applicable federal, state, and local fair hiring regulations. To reduce potential legal liability, Utah employers may choose to follow the strictest Utah employment background check laws. 

Ban-the-Box Law

Under House Bill 156, public sector employers in Utah may only inquire about criminal history during a candidate’s initial interview or later. If there are no interviews conducted, they cannot ask about a candidate’s criminal record until there is a conditional employment offer. The law is only applicable to public sector employers for the State of Utah, including counties and municipalities in the state. 

Criminal Investigations and Technical Services Act

Under Utah Code § 53-10-08, only certain types of employers–Utah state agencies, criminal justice agencies, law enforcement agencies, and legal professionals–are allowed to request a candidate’s state criminal history information. Employers that do not qualify to access Utah criminal records may only request a Federal Bureau of Investigation (FBI) background check to learn about a candidate’s criminal history. They can also ask candidates to request their own Utah criminal record searches. For all employment background checks, candidates are required to sign a waiver that authorizes the State of Utah to share criminal records with the employer or a third party. 

Fair Credit Reporting Act (FCRA)

Employers that choose to partner with a CRA to handle Utah background checks must comply with the federal regulations of the FCRA. The act requires employers to send notice in writing of the intent to conduct a background check. Before moving forward, the employer must receive written consent from the candidate to conduct the background check. Finally, the adverse action process must be followed should an employer choose not to hire the candidate based on information included in a 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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Salt Lake County

More than 1,1850,230 people reside in Salt Lake County, making it Utah’s most populous county. Salt Lake City is the largest city, the county seat, and the state capital. The county is located in the Rocky Mountains, was the home of the 2002 Winter Olympics, and is known for its many ski resorts. 

Public Information & Records

Utah County

With a population of more than 665,600 residents, Utah County is the fourth-largest in the state. It’s part of the Provo-Orem metropolitan area and is considered one of the fastest-growing counties in the US. Its largest city is Provo, and it is one of only six other US counties to have the same name as its state. 

Public Information & Records

Washington County

Washington County is Utah’s fifth-most populous county, with a population of more than 180,275 residents. Named after US President George Washington, the county is located in the southwestern corner of the state. Its largest city and county seat is St. George. 

Public Information & Records

Weber County

Weber County is home to more than 262,000 people and is Utah’s fourth-most populous county. Its largest city and county seat is Ogden. The county is part of the Ogden-Clearfield and Salt Lake City-Provo-Orem areas. 

Public Information & Records

Get A Utah Background Check With GoodHire

Utah employers that want to streamline their pre-employment background check process can partner with a trusted CRA, like GoodHire, for a background check. With a user-friendly online dashboard, automated workflows, and more than 100 screening options, GoodHire provides employers with faster turnaround times and more accurate reporting. Plus, employers get access to compliance tools that can help human resources easily navigate federal, state, and local regulations. Get started with a Utah background check. 

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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.