Criminal Background Checks are constantly under fire for compliance and equality to applicants. Laws are changing at all levels and it is important to know what laws apply to your organization. Here are a few changes since January that may affect your hiring process.

Effective Date: August 2

Criminal Conviction Expungement- If an applicant has a record sealed or expunged, they may state they have no criminal convictions if asked. Employers may not refuse to hire an applicant based exclusively on a refusal to disclose these records.

Colorado Chance to Compete Act (CCCA) restricts an employer’s use of criminal history in the job advertisement and from asking about an applicant’s criminal background on an application.

Effective Date: September 17

Applicant Privacy- Employers may not request an applicant’s social security number unless it will be used for a pre-employment background check or drug testing.

New Mexico
Effective Date: June 14

Criminal Background Checks- “Ban the Box” prohibits private employers from inquiring about an applicant’s arrest or conviction history until after “discussion” of employment with the applicant.

North Dakota
Effective Date: August 1

Marijuana Decriminalization- Decriminalized marijuana use for a person 21 years or older. The law does not require that employers accommodate employee or applicant marijuana use.

Effective Date: August 29

Medical Marijuana- Employers may not discriminate against licensed medical marijuana users solely based on a positive test for marijuana.


Criminal Conviction Expungement- Employers are prohibited from requiring that an applicant disclose an expunged or sealed criminal record. If asked, the person may respond that “no criminal record exists.”



While we strive to keep you current on new employments laws and legislation, we suggest you consult your employment attorney with any questions.


We recognize that with the constantly changing COVID-19 situation around the world, this is an unprecedented time for everyone — a time that, for many, is filled with uncertainty. Our hearts and thoughts go out to each and every one of you.

Our doors are open. I want you to know you have our commitment to continue providing you with the background screening services you depend on. Our senior leadership team remains vigilant and is monitoring the situation and will respond rapidly as changes in the industry and its access evolve.

Take a deep breath. We have heard it’s good for your mind as well as your lungs! For the most part it will be business as usual at National Background Investigations. Remember, this too shall pass.

Please be safe and stay healthy. Take care of yourselves and each other.

Best regards,

Ilene S. Ingber, Chief Executive Officer
National Background Investigations, Inc.