Utah joined the list of states in 2025 that have enacted legislation regulating what information can be reported to organizations requesting background check reports. Utah Senate Bill 70 (S.B. 70) was unanimously passed by legislative votes and signed by Governor Spencer J. Cox on March 26, 2025. These amendments modify Utah Code Section 13-45-102, as last amended by Laws of Utah 2015, Chapter 191, and enact Utah Code Section 13-45-601. The provisions of this bill went into effect on May 7, 2025. Let’s break down key provisions, including what consumer reporting agencies (CRAs) can and cannot report, and what this means for consumers and consumer reporting agencies going forward.
Key provisions of S.B. 70
This legislation aims to limit the negative impact on consumers by safeguarding their credit and background information. More specifically, it restricts the inclusion of certain non-conviction or cleared criminal records in consumer reports.
The three main components of S.B. 70’s consumer reporting regulations are:
- establishing prohibitions on what information a CRA may provide,
- providing exceptions to these prohibitions, and
- making technical changes.
What consumer reporting agencies can report
According to Section 13-45-601. Consumer reporting agency – Prohibitions, a consumer reporting agency may report:
(a) A pending criminal charge, or
(b) An arrest that has not reached a final disposition.
What consumer reporting agencies cannot report
That same section also defines what information must be withheld. A consumer reporting agency is prohibited from reporting information relating to:
(a) An arrest not resulting in a conviction,
(b) A criminal charge not resulting in a conviction,
(c) An expunged conviction, or
(d) A pardoned conviction.
In addition to these items, some minor technical changes have also been implemented, including a more refined definition of “consumer reporting agency,” which now reads:
Consumer reporting agency” means a person who, for a monetary fee, dues, or on a cooperative nonprofit basis, regularly engages in whole or in part in the practice of assembling or evaluating consumer credit information or other information on consumers for the purpose of furnishing credit or consumer reports to third persons.
These revisions will have a direct effect on consumers, consumer reporting agencies, and employers.
The effect on consumers and Consumer reporting agencies
Impact
In the wake of these amendments, Consumer reporting agencies (CRAs) may need to make some adjustments to their reporting operations in order to maintain compliance. Data collection and filtering systems may require expensive alterations to exclude prohibited information from reports, but these costs are preferable to costly legal fees.
With these increased privacy protections, S.B. 70 helps reduce the risk of discrimination based on incomplete or misleading criminal histories. Individuals can experience better chances when it comes to job and housing applications, and are given the opportunity to reintegrate into society more easily by being unburdened by past mistakes that have been legally resolved or cleared.
Potential Challenges
It's important to keep in mind that, although there are perks to increasing consumer data privacy, these practices can also come with challenges. Withholding specific records may help deter discrimination, but it can also leave gaps in the context of an applicant’s background that could lead an employer or landlord to feel unable to make a confident decision, especially if the redacted information includes details confirming an expungement or dismissal. Additionally, consumers should remain aware that data protection laws vary by state; individuals may experience different background check results – and, consequently, different responses to job and housing applications – based on the laws specific to the jurisdiction in which the application is being filed.
Consumer data privacy and protections are certainly a nationwide trend in 2025; we have reported on several other states rolling out similar legislation this year already, from Washington’s HB 1747 revisions to Virginia’s new record sealing laws, and Utah will most likely not be the last.
As with many compliance modifications, organizations across the country need to stay up to date with what’s expected of them in the screening process. Verified Credentials will continue to provide updates affecting consumer laws, privacy, reporting, and more.
This content is for informational purposes only and shall not constitute legal opinion or advice. Consult your legal counsel to ensure compliance.
