Background Check Laws by Country (2026)

When a screening company runs a check, the Fair Credit Reporting Act sets the steps. Give a standalone written disclosure and get written authorization first. If adverse action is possible, send a pre-adverse action notice with the report and summary of rights, then wait before the final notice. Arrests older than seven years cannot be reported unless the role pays $75,000 or more. The EEOC rescinded its 2012 criminal records guidance in October 2026, but the FCRA and state and local fair chance laws still apply. New York employers must use the required multi-factor assessment before acting on a conviction. Several states protect off-duty cannabis use.

States with private-employer ban-the-box laws

Nevada and New York also restrict credit checks. Cities with their own fair chance rules include New York City, Los Angeles, San Francisco, Philadelphia, Chicago, Seattle and Portland. New York State requires an 8-factor assessment before rejecting a candidate over a conviction. The EEOC rescinded its 2012 criminal records guidance on 28 October 2026, though the FCRA and state and local laws still apply.

Garda vetting applies only to relevant work with children or vulnerable people. For that work, use a registered organisation to request vetting. For other roles, ask the candidate to supply a police certificate. Certain convictions become spent after seven years, so an old record may not justify a refusal. Criminal data processing must meet the Data Protection Act. Check that non-EEA nationals hold an employment permit or a suitable immigration stamp before they start.

• Garda vetting: only for relevant work with children or vulnerable people, through a registered organisation.
• Other roles: the candidate can supply a police certificate with consent.
• Spent convictions: certain convictions become spent after 7 years under the 2016 Act.
• Data protection: criminal data needs a basis under the Data Protection Act 2018, s.55.

Use an ACIC-accredited body for national police checks and get the candidate's consent before you apply. For roles involving children, arrange the relevant state Working with Children Check; a ban in one state now blocks work across Australia. Federal spent conviction rules mean a sentence of 30 months or less can become spent after ten years, so an old record may be excluded from consideration. Tasmania, the Northern Territory and the ACT protect candidates from irrelevant criminal record discrimination. Check visa status through VEVO.

• Police checks: through ACIC-accredited bodies with the candidate's consent.
• Working with Children Checks: run by each state, with national "banned in one, banned in all" recognition since 20 August 2026.
• Spent convictions: the federal scheme treats most convictions with sentences of 30 months or less as spent after 10 years, and each state has its own scheme.
• Discrimination: Tasmania, the Northern Territory and the ACT protect against irrelevant criminal record discrimination.
• Right to work: check visas through VEVO.

1. Get consent before any check

In every market, start with valid consent. In the US, the FCRA requires a standalone written disclosure and written authorization before a third party screening company runs a check. In Canada, consent must meet PIPEDA or the relevant provincial privacy law. In New Zealand, signed consent is required for the Ministry of Justice check. Do not screen without it.

2. Verify work rights before day one

In the UK, complete right to work checks before employment starts and remember the civil penalty can reach £45,000 for each illegal worker. In Ireland, confirm non-EEA nationals hold an employment permit or a suitable immigration stamp. In Australia and New Zealand, check visa status through VEVO or VisaView before the worker begins.

3. Time the criminal question

In the US, many states and cities have fair chance rules that delay criminal history questions. Washington now delays the question until after a conditional offer for many employers. Do not ask about records on an early application form unless you have checked the state and city rules that apply to the role.

4. Match the check to the role

In Australia, arrange a Working with Children Check only for child-related roles; bans now carry national recognition. In Canada, vulnerable sector checks are only for positions of trust with vulnerable people. In Ireland, Garda vetting is limited to relevant work with children or vulnerable people. A basic DBS check is available in any UK role with consent.

5. Handle adverse findings carefully

In the US, send a pre-adverse action notice with the report and summary of rights before any final decision. In New York, apply the required multi-factor assessment before acting on a conviction. In Canada, do not reject someone based on pardoned convictions in jurisdictions that protect them. Pause and check local fair chance rules before you finalise.

• US ban-the-box: nelp.org
• Washington: atg.wa.gov
• UK spent convictions: gov.uk
• Scotland: disclosure.gov.scot
• UK right to work: gov.uk
• FCA: fca.org.uk
• New Zealand, IPP 3A: bellgully.com
• New Zealand, criminal record checks: justice.govt.nz