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Governor Douglas A. Ducey signed Executive Order 2017-07 to prohibit state employers from including questions about criminal records on job applications.

Genesis of the Executive Order

Arizona's government estimates that 1.5 million residents have arrest records. Arizona is known as an "Opportunity For All" state - meaning everyone who lives there should have an opportunity to participate in the workforce even if they have been convicted of a crime. Executive Order 2017-07 was created to help people who have criminal convictions.

"All Arizonans—no matter their background or past mistakes—deserve the chance to make a living and a better life for themselves and their families," said Governor Ducey about the Executive Order. "If you served your time and paid your debt to society, you should have the opportunity at a real second chance."

One of the goals behind this Order is to decrease recidivism. The idea is that people who are unable to obtain employment after serving their sentence are far more likely to be arrested again. Those who find jobs, however, are much less likely to incur another conviction.

About the Executive Order

This Order establishes the following rules for state agencies:

• Employers may not ask about criminal records on job applications.
• If an employer is aware that an applicant has a criminal record, they may not deny that individual the opportunity to be interviewed.
• If a state or federal law decrees that individuals who have any type of criminal conviction may not hold specific positions, then employers who are hiring for those positions may inquire about convictions during the initial application process and disqualify individuals for this reason.

After conducting an initial interview with an applicant, state agencies are allowed to run a criminal background check. Certain types of convictions can be deemed serious enough to warrant denial of employment.

See the complete Executive Order here.

Which Employers Must Follow This Executive Order?

This Order only applies to state agencies. It does not apply to any government unit that is not defined as a state agency, offices that are headed by more than one elected official or private employers. Every employer in Arizona is, however, encouraged to follow the policies established by the Order.

The success of this Order will be determined by the Arizona Department of Administration and the Arizona Office of Economic Opportunity. These groups will work together to develop a methodology for measuring success and report their findings to the Governor's Office on or before July 1, 2018.

Ban the Box Policies Continue to Spread

Arizona's Executive Order was signed on November 6, 2017. It is one of many Ban the Box laws in the United States. More are expected to be passed in 2018.

While some of these laws only affect state agencies, others create new regulations for private employers. When Ban the Box laws are implemented, it is essential for affected employers to be aware of and compliant with them.

Keeping up with Ban the Box and other laws that cover the hiring process can be tricky. Backgrounds Online is here to help. We pay attention to new and upcoming laws that impact our customers and create a variety of educational resources to keep you informed.

All of our professional background screeners have earned their FCRA certification. Our team is trained to understand and follow federal, state and local laws. If you need assistance with your screening efforts, please contact us today.