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Utah Admin. R. 6062

Rules for employers: 

• Arrest records. It is not permissible to ask about arrests.
  Convictions.
•  Asking about felony convictions is permitted, but is not advisable unless related to job.

Utah Code 34A-1-202

The Employment Selection Procedures Act, Utah Code 34A-1-202, which prohibits what personal information an employer with over 15 employees in the state of Utah may require an applicant to provide in the pre-employment context.

This new law went into effect on May 12, 2009.  Specifically, the law states that employers may not request information related to an applicant's social security number, date or birth or driver license number until either:

1) the applicant is offered a job; or

2) the time when the employer obtains a criminal background check, credit       check, or driving record check to which the applicant has consented.

Employers subject to this law may also not use information about an applicant for any other purpose than to determine whether the employer will hire the applicant as an employee.  The law additionally places requirements for employers to maintain a policy regarding the retention, disposition, access, and confidentiality of this information.  Finally, employers may only keep such information about applicants about whom they do not hire for a period of two years after obtaining the information from the applicant.