Conducting Criminal Record Checks in Utah

For purposes of employment background checks for their own employees, the dissemination of information from a criminal history record or warrant of arrest information is limited to: private security agencies; employers whose employees are responsible for the care, custody or control of children; employers whose employees will have fiduciary trust over money; and employers whose employees provide health care to children, vulnerable adults or the elderly. Before requesting criminal record information on an employee or potential employee, the employer must obtain a signed waiver from the employee about whom the information is being requested.

Utah laws contain restrictions on the use of criminal history record information and expunged criminal records for employment purposes. There are also restrictions on the inspection of court records for employment purposes.

No one with a felony conviction may provide child care, child placement services, foster care or institutional care in Utah state facilities or programs. The prohibition also covers individuals licensed to provide day care services.

Applicants for a Utah real estate license must submit fingerprint cards and must consent to a criminal background check. The cost of the background check is borne by the applicant. Any new license issued is conditional, pending completion of the background check. If the background check discloses that the applicant has failed to accurately disclose a criminal history, the license will be revoked.

At the time of initial application and renewal for licensure, all health care facilities must submit the name and other identifying information for each person associated with the facility in a direct patient care position to the department of health. The department of health must then determine whether any individual associated with the facility in a direct patient care position has been found guilty of child abuse or neglect, or abuse of persons with disabilities or the elderly. The determination is required, regardless of whether the person was the subject of a criminal background check within the preceding three-year period. Individuals who have not resided in the state for five years must submit fingerprints for an FBI national criminal history record check. The cost of the FBI background check is charged to the licensee.

In addition, health care facilities must have criminal background checks performed for new hires. The health care facility must submit to the Department of Health, within 10 days of the initial hiring of an individual who provides direct care to patients, that person's name and other identifying information (may include fingerprints). The requirement applies even if the individual has been subject to a criminal background check within the preceding three-year period.