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Background Checks by State.

Your standard hiring process might already be illegal in some states.

The topic.

Background check laws don't just govern what you can look for — they control when you can ask, who you can ask, and what you're required to do with the results. And credit check restrictions are a separate layer on top of that. 20+ states (plus DC) restrict criminal history inquiry on job applications. 11+ states (plus DC) limit credit checks. This reference covers both — with employer thresholds, when-to-ask rules, individualized assessment requirements, and the adverse action process.

State-by-state references.

Both California

California Background Checks →

BTB via state and local laws. Credit checks restricted to specific positions (managerial, financial, security). ICRAA governs.

Both Washington

Washington Background Checks →

Washington Fair Chance Act. Credit checks restricted to bonafide occupational requirement. Individualized assessment required.

Both New York

New York Background Checks →

CRC Article 23-A: 8-factor individualized assessment required. NYC Local Law 37: additional credit check restrictions. One of the most complex states.

Both Illinois

Illinois Background Checks →

Job Opportunities for Qualified Applicants Act. Credit checks restricted to roles requiring financial responsibility, bonding, or security clearance.

BTB Massachusetts

Massachusetts Background Checks →

CORI reform. Detailed process for criminal record inquiry including mandatory notice and waiting periods.

Both District of Columbia

District of Columbia Background Checks →

BTB via Fair Criminal Record Screening Amendment Act of 2014 (DC Code § 32-1342 et seq.). Credit check restrictions via Fair Credit in Employment Amendment Act of 2016 (DC Code § 2-1402.11). Credit…

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Background Checks & FCRA Compliance

Background check laws don't just govern what you can look for — they control when you can ask, who you can ask, and what you're required to do with the results. And credit check restrictions are a separate layer on top o…

  • State Reference
  • Adverse Action Guide
  • Compliance Checklist
  • Monthly Updates
  • 🔒Pre-Adverse Action (Required Before Rejection)
  • 🔒Adverse Action (After Waiting Period)
  • 🔒Credit Check Adverse Action
  • 🔒Initial Assessment
  • 🔒Assessment & Decision Process
  • 🔒Adverse Action Process
$39

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