Background checks in 2026 are increasingly focused on fairness, transparency, and strict compliance with evolving state laws, featuring expanded “Ban the Box” rules, “Clean Slate” automatic record sealing in more states (like VA, DC), stricter look back periods (e.g., Philadelphia), and requirements for individualized assessments before conditional job offers, pushing employers to use tech for compliant, fast, and candidate-friendly vetting. Key trends involve handling cannabis-related info, enhanced credit check limits, and ensuring consistency across jurisdictions for better hiring decisions.
Key Trends for 2026
- Fair Chance Hiring & Ban-the-Box: Laws are tightening, delaying criminal history checks until after a conditional offer and requiring assessments of job relevance.
- Clean Slate Laws: More states (like VA, DC) are automatically sealing old or low-level records, making them invisible on standard checks.
- Stricter Look back Periods: Jurisdictions are shortening the time convictions can be reported (e.g., Philadelphia’s misdemeanor look back reduced to 4 years).
- Cannabis Protections: Expanded laws offer greater protections for cannabis users.
- Credit Check Restrictions: More limits on using credit history in hiring decisions.
- Individualized Assessments: Employers must “show their work” by assessing the nature, recency, and relevance of offenses, not just blanket disqualifying.
What This Means for Employers
- Policy Updates: Review and revise hiring policies to meet new state-specific mandates.
- Workflow Changes: Restructure screening to occur post-conditional offer and integrate compliance checks.
- Documentation: Maintain thorough records for every decision to prove fairness and compliance.
- Tech Adoption: Use AI and automation for speed, accuracy, and consistent compliance across states.
For Applicants
- More Rights: You have greater rights regarding when and how your criminal history can be used.
- Portable Reports (Tenant Screening): In some areas, you can use recent reports (e.g., <30 days old in CA) for multiple rental applications without extra fees