Arrest Record Discrimination Laws in Arizona

Federal law does not specifically prohibit discrimination based on arrest records, but the Equal Employment Opportunity Commission (EEOC) enforces Title VII of the Civil Rights Act of 1964 (42 U.S.C. § 2000e) to address criminal history screening when it has a disparate impact on protected classes. Under EEOC Guidance (issued 2012), employers cannot implement blanket exclusions of all individuals with any arrest or conviction history, as such policies may disproportionately exclude African Americans and Hispanics, violating Title VII.

Federally, if an employer considers criminal history, it must use an individualized assessment weighing the nature and gravity of the offense, the time elapsed since the offense, and the nature of the job. The EEOC enforces this standard for employers with 15 or more employees. Federal law does not require employers to hire individuals with criminal records, but it prevents discrimination when criminal screening policies are applied in a way that has a racially disparate impact without job-related justification.

The Fair Credit Reporting Act (15 U.S.C. § 1681) also limits how employers can use background reports containing criminal history, requiring clear disclosure and opportunity to dispute inaccurate information.

Arizona law is significantly stronger than federal law in protecting individuals with arrest records. Arizona Revised Statutes Section 34-101 directly prohibits employment discrimination based on arrest records that did not result in conviction or convictions that have been sealed, dismissed, or expunged.

Under Arizona law, employers cannot ask on job applications whether an applicant has ever been arrested. Employers cannot consider sealed, dismissed, or expunged arrests or convictions in hiring, promotion, discharge, compensation, or any other term, condition, or privilege of employment. Once an arrest or conviction is sealed or expunged, it is legally treated as if it never occurred, and the applicant may legally answer "no" if asked about it.

Arizona does allow employers to consider arrests and convictions that resulted in conviction and have not been sealed or expunged, but only if there is a direct, substantial, and demonstrable relationship between the criminal conduct and the specific job duties. This is a narrower standard than federal law's individualized assessment framework and places the burden on the employer to demonstrate job-relatedness.

Arizona law applies to all employers, including private employers with one or more employees, self-employed individuals, and partnerships. This is broader coverage than federal law, which applies only to employers with 15 or more employees. Remedies under Arizona law include civil damages, back pay, reinstatement, and attorney fees awarded by Arizona state courts. The Arizona Attorney General and county prosecutors can also take enforcement action for violations.

Arizona law contains important exceptions and limitations. First, employers are not prohibited from considering arrests or convictions that have not been sealed, dismissed, or expunged, provided the employer conducts an individualized assessment of whether the conviction relates directly, substantially, and demonstrably to the specific job duties.

Second, public employers (state and local government agencies) have broader authority to consider arrest and conviction records, particularly for positions involving public trust, law enforcement, or national security. Public safety positions like police officer, correctional officer, and security positions may legitimately require background checks including unsealed convictions.

Third, certain regulated industries and professions (licensed professionals, financial institutions, childcare) may have statutory or licensing requirements that mandate criminal history disclosure or that prohibit certain convictions from being ignored.

Fourth, bonding requirements imposed by law or insurance carriers may exclude individuals with certain conviction histories, which may provide a defense if an employer cannot place a bond for a position. Fifth, the exception applies only to arrests or convictions; an employer may still lawfully ask about pending charges in some circumstances, though this is strictly limited in Arizona.

Finally, if an employer conducts a background check through a consumer reporting agency, the Fair Credit Reporting Act requires the employer to provide notice and obtain written consent before obtaining the report, and to provide the applicant notice and opportunity to dispute inaccuracies before taking adverse action based on the report.

Step 1: Document Everything.

If you believe your employer discriminated against you based on your arrest record, document all relevant communications immediately. Keep copies of job postings, your application materials, any emails or letters from the employer regarding their decision, and notes of all conversations with your employer about the arrest record or the hiring/termination decision. Record the dates, times, and names of people involved. Preserve performance reviews and any other evidence of your job performance. Take screenshots of online job postings that asked about arrests if applicable.

Step 2: Attempt Internal Complaint.

If you are still employed, file a written complaint with your employer's HR department or management, clearly stating that you believe the employer discriminated against you based on your arrest record in violation of Arizona law. Keep a copy for yourself and send the complaint via email or certified mail so you have proof of delivery. Document the employer's response. Internal complaints are not legally required in Arizona but create a record that may be helpful later and sometimes lead to internal resolution. The employer's handling of your complaint is also relevant to potential retaliation claims.

Step 3: File a Civil Claim in Arizona Court.

Unlike discrimination claims under federal law, Arizona arrest record discrimination claims must be filed directly in Arizona state court; there is no administrative filing requirement with a state agency before filing suit. You may file in Superior Court in the county where the discrimination occurred. You do not need to file with the Arizona Attorney General's office or EEOC first, though you may also file with the EEOC if the discrimination also involved a protected class (race, color, religion, sex, national origin, age, disability).

File a civil complaint alleging violation of Arizona Revised Statutes Section 34-101. You will need to include: your name and address, the employer's name and address, a detailed description of when the discrimination occurred, what your arrest record was (sealed, dismissed, expunged status), how the employer learned of it, what adverse action the employer took, and how this violated state law. Consult an attorney for help drafting the complaint and determining the appropriate court and filing location. The court filing fee in Superior Court is approximately $300-$400 depending on the county.

Step 4: The Litigation and Investigation Process.

Once your complaint is filed, the employer receives a copy and has 20 days to respond. Discovery then follows, during which both sides exchange documents and written questions. The employer's personnel files, background check records, hiring notes, and communications about your termination or rejection must be produced. Depositions (recorded testimony) of you, the employer's decision-makers, and relevant witnesses occur. This process typically takes 12-24 months before trial. The employer may file a motion to dismiss if they argue the facts do not support a violation, but Arizona courts generally allow discrimination claims to proceed to discovery unless the claim is clearly without legal merit.

Step 5: Settlement Negotiation and Trial.

Many cases settle during or after discovery. Settlement discussions are encouraged and often occur through attorney negotiations or mediation. If the case does not settle, trial occurs before a judge or jury. At trial, you must prove by a preponderance of the evidence (more likely than not) that the employer discriminated against you based on your arrest record. The employer may argue they had a legitimate, non-discriminatory reason for the decision, or that the arrest/conviction was job-related.

Step 6: When to Consult an Attorney.

Consult an employment law attorney as soon as you suspect discrimination. Many Arizona employment attorneys work on contingency (you pay nothing unless you win), particularly for arrest record discrimination cases where damages may be available. An attorney can help you evaluate whether you have a strong claim, gather evidence properly, meet filing deadlines, and navigate the civil litigation process. Time is important because although Arizona has a 3-year statute of limitations, evidence can be lost and memories fade quickly. Contact the State Bar of Arizona's lawyer referral service at 602-252-4804 or visit azbar.org to find qualified employment law attorneys.