Background Check Laws by State (2026 Guide)

Background check laws in the United States combine federal rules under the Fair Credit Reporting Act, which limits how far back non-conviction records can be reported, with state-level laws that vary widely. As of 2026, 37 states and D.C. restrict when employers can ask about criminal history.

Background check laws determine what employers, landlords, and licensing boards can see on your criminal record and how they can use that information. Every state has different rules, and the landscape is changing rapidly as more states enact Ban the Box and Clean Slate legislation.

Background Check Laws by State

Select your state for a complete guide to Ban the Box laws, lookback periods, Clean Slate provisions, employer and housing check rules, and professional licensing requirements.