A state Ban the Box law prohibits employers from asking about a candidate’s criminal history on a job application. Ban the box originally referred to a yes or no box on job applications that asked if a candidate had ever been convicted of a felony. This has since expanded to include questions about any criminal history, not just felonies, and has moved beyond the paper application to include anything asked on virtual questionnaires.
The idea of a ban the box policy is to give every applicant a fair shot at getting a job when they’re adequately qualified, regardless of their criminal history. In that endeavor, many states and cities have enacted ban the box laws for private employers (there is no federal law on the matter). Our guide will help ensure your business complies with employment laws in your area.
History of Ban the Box
The ban the box movement, also referred to as “fair chance” or “second chance” laws, began in Hawaii in 1998. Minnesota followed suit soon after—and since then, dozens of states and many more cities and municipalities have enacted similar laws.
In 2012, the Equal Employment Opportunity Commission (EEOC) gave public support for ban the box legislation. The Fair Chance Act, which became effective in 2021, prohibits federal agencies and contractors from requesting criminal history information from applicants, with a few exceptions.
States With Ban the Box Laws
Lacking a federal law for private employers, 41 states, plus the District of Columbia, have established their own ban-the-box laws. Some laws apply to public sector employers only, but others also apply to private employers. Click on your state below to learn the ban-the-box law that is applicable to employers.
Alabama
No LAWS
Alaska
No LAWS
Arizona
Applies to state agencies
Only after the application and interview process can a state agency ask about criminal history.
Effective: July 2017
Arkansas
No LAWS
California
Applies to all employers (public and private) with 5 or more employees
- Compton: Applies to contractors doing business with the city
- Los Angeles: Applies to employers with 10 or more employees
- Richmond: Applies to private employers with 10 or more employees that contract with the city
After offering a job, employers are allowed to conduct a criminal history check, but the law requires an individualized assessment about the conviction history.
Effective: January 2018
Colorado
Applies to all employers
Employers may not ask about an applicant’s criminal history on an initial job application or state in an application or advertisement that a person with a criminal history may not apply for the position.
Effective: May 2019
Connecticut
Applies to all employers
No employer may require an employee or prospective employee to disclose any arrests, criminal charges, records, or convictions; except where permitted by law.
Effective: January 2017
Delaware
Applies to public employers.
Public employers cannot use criminal history to deny interviews to ex-offenders.
Effective: May 2014
District of Columbia
Applies to employers with 11 or more employees
Once a conditional offer of employment has been extended, employers may ask ONLY about criminal convictions.
Effective: December 2014
Florida
No LAWS
Georgia
Applies to all employers
Employers may not ask about any criminal records or criminal history of an applicant until the applicant has been selected for an interview, or until a conditional offer of employment has been made.
Effective: February 2015
Hawaii
Applies to all employers
Employers may run criminal background checks after a job offer. The background check must be limited to felony convictions in the past seven years and misdemeanor convictions for the past five years.
Effective: Original (1998); Amended (September 2020)
Idaho
No LAWS
Illinois
Applies to employers with 15 or more employees
- Chicago: Applies to all employers
- Cook County: Applies to all employers
Prohibits criminal background checks prior to an interview. Job applicants can only be rejected if a conviction has a substantial relationship to the job.
Effective: Original (January 2015); Amended (April 2023)
Indiana
Applies to the public sector
Prohibits employers from asking candidates about criminal history or convictions on an initial application for employment.
Effective: July 2017
Iowa
No state law
- Des Moines: Applies to all employers
- Waterloo: Applies to employers with 15 or more employees
Prohibits criminal history questions on applications and criminal background checks prior to a conditional offer of employment.
Effective: November 2021
Kansas
Applies to the public sector
Public employers cannot inquire about an individual’s criminal record until after an initial interview or an offer of employment has been extended to the applicant.
Effective: June 2018
Kentucky
Applies to the public sector
Louisville: Applies to Louisville Metro Council
Prohibits public employers from inquiring about an applicant’s criminal background on the employment application.
Effective: February 2017
Louisiana
Applies to all employers
Prohibits discrimination in employment based on criminal history records.
Effective: August 2021
Maine
Applies to all public and private employers
Prohibits an employer from requesting criminal history record information on an initial employee application form, subject to certain exceptions.
Effective: October 2021
Maryland
Applies to all public employers;
Applies to all private employers with 15 or more employees
Forbids employers from performing criminal history screenings of job applicants before their first in-person interview.
Effective: February 2020
Massachusetts
Applies to all public and private employers
Prohibits employers from asking about criminal history on an application.
Effective: August 2010
Michigan
Applies to the public sector
The law removes the question, “Have you been convicted of a felony?”, from state job applications. The box is replaced with an affirmation of good character statement.
Effective: October 2018
Minnesota
Applies to all public and private employers
Employers may still conduct a criminal background check before hiring a job applicant, provided that it occurs after the job applicant has been interviewed or had a conditional job offer extended.
Effective: January 2014
Mississippi
No LAWS
Missouri
Applies to the public sector
St. Louis: Applies to all employers
Prohibits public employers and private employers in the city from basing job hiring on applicants’ criminal history, and inquiring about applicants’ criminal history until after it has been determined an applicant is otherwise qualified for the position.
Effective: January 2021
Montana
No LAWS
Nebraska
Applies to the public sector
Prohibits public employers from asking about criminal history on applications.
Effective: June 2014
Nevada
Applies to the public sector
Public employers have a legal duty to ensure careful consideration and fairness to all qualified applicants, including those applicants that may have a criminal history or record.
Effective: December 2021
New Hampshire
Applies to the public sector
Public employers cannot inquire about or conduct a criminal background check on prospective employees before an interview.
Effective: December 2021
New Jersey
Applies to all public employers;
Applies to all private employers with 15 or more employees
An employer shall not make any oral or written inquiry regarding an applicant’s criminal record during the initial employment application process.
Effective: March 2015
New Mexico
Applies to private employers with 4 or more employees
Employers may only consider the applicant’s conviction information after review of the employment application and upon discussion of employment with the applicant.
Effective: January 2020
New York
Applies to the public sector
New York City: applies to all private employers
An employer cannot ask about prior convictions until the end of the hiring process.
Effective: June 2015
North Carolina
Applies to state agencies
Prohibits state agencies from asking job seekers about their criminal history during the initial stages of an employment decision.
Effective: November 2020
North Dakota
Applies to the public sector
Public employers may not inquire into or consider criminal records for an applicant until after the person has been selected for an interview.
Effective: December 2021
Ohio
Applies to the public sector
Public employers may not include on any form for application any question concerning the criminal background of an applicant.
Effective: June 2015
Oklahoma
Applies to the public sector
Prohibits public employers from asking if you have a felony on an application.
Effective: February 2016
Oregon
Applies to all private employers
Employers may not require applicants to disclose a criminal conviction on a job application or prior to an initial interview.
Effective: January 2016
Pennsylvania
Applies to the public sector statewide
Philadelphia: Applies to all private employers
Limits an employer’s ability to inquire about an applicant’s criminal history on the initial job application.
Effective: March 2016
Rhode Island
Applies to all employers with 4 or more employees
Prohibits employers from asking about criminal history prior to the first interview.
Effective: January 2014
South Carolina
Current statewide bill in place—applies to all employers
Columbia: Applies to all employers
Richland County: Applies to all employers
York County: Applies to all employers
Employers cannot ask about criminal convictions on an application, unless the conviction will directly impact the position.
Effective: August 2019
South Dakota
No LAWS
Tennessee
Applies to the public sector
Public employers may not inquire about criminal history on an application.
Effective: April 2016
Texas
No statewide ban
Austin: Applies to private employers
DeSoto: Applies to private employers
Harris County: Applies to private employers
Prohibits employers from asking about criminal history on job applications.
Effective: April 2016
Utah
Applies to the public sector
Public employers may not ask about criminal history prior to a conditional offer of employment.
Effective: May 2017
Vermont
Applies to all employers
Employers shall not request criminal history record information on initial employee application forms.
Effective: July 2017
Virginia
Applies to all employers
An employer may not require an applicant to disclose information concerning any arrest, criminal charge, or conviction when the record is not open for public inspection.
Effective: July 2020
Washington
All public and private employers
Employers may not include any question on a job application that seeks information about an applicant’s criminal record.
Effective: June 2018
West Virginia
No LAWS
Wisconsin
Applies to the public sector
Public employers may not inquire about criminal history on job applications.
Effective: January 2016
Wyoming
Applies to all employers
Restricts inquiries about criminal history on initial applications.
Effective: December 2021
All these laws ban employers from asking for criminal history on applications or during the hiring process. Additionally, many of the laws have exceptions. For example, if a clean background is integral to the job, you may be able to ask applicants if they’ve been convicted of a crime. So, if you’re hiring a delivery driver, you can ask if they’ve ever been arrested and convicted of DUI. We recommend, however, that you speak with an employment attorney to ensure you’re following the law correctly.
Impact of Ban the Box Laws: What to Consider
There are employment and hiring laws you need to follow through the hiring and employment process to ensure compliance. If you’re a new employer or are hiring your first employee in an area with a ban the box law, then you and your HR team need to prepare.
- Your small business needs to have clear ban the box procedures and policies in place for interviewing. If you’re hiring in a city or state that prohibits you from asking on an application or in an interview about criminal history, you must ensure your managers don’t ask any prohibited or illegal interview questions or you could face costly fines and penalties.
- This is especially important if your company routinely hires in different cities and states, which is becoming more prevalent thanks to remote employment. You’ll need to ensure compliance with each jurisdiction, possibly using different applications and hiring practices. Review the requirements of every area you plan to hire in and create policies that help your HR teams and hiring managers comply with local laws.
- A best practice is to use standard interview questions that all interviewers use, along with a structured interview process to ensure fairness and equity. This lets your company decide which questions are asked, ensuring compliance.
- Your HR team and hiring managers need to be adequately trained to understand your policies, what questions they can and cannot ask during interviews, and whether and when they can run background checks. Ensure they understand how to engage with candidates and if there are background check requirements. Without proper training, your employees could put your organization at risk.
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Having a background check policy in place will help your hiring managers remain focused on staying compliant.
Part of the process of hiring employees is complying with employment laws. You can ensure your company stays compliant by conducting regular audits.
When auditing your process for ban the box compliance, review:
- Application forms (both paper and electronic)
- Interview questions
- Interview policies
- Background check procedures
To comply with ban the box laws, you may need to develop different policies for each office location or when you hire employees in a new geographic area. Many companies facing this simply structure their hiring policies to comply with the most restrictive jurisdiction. Practically speaking, this means your company may choose to avoid asking criminal history questions in states that have no specific laws.
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To ensure your employees fully understand your company policies and labor laws, post labor law posters in a place where employees will be able to see and read them.
Companies must also balance these restrictive laws with avoiding a negligent hiring claim. If a company hires someone without conducting a background check and that person has a criminal history of violence, another employee could sue the company for negligent hiring if they’re attacked. This is why ban the box laws do allow for some level of background screening at different stages of the hiring process.
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To help you stay compliant, check out our best background check companies guide.
- One other area to be aware of is fines for violation of ban-the-box laws. If a company is found to have violated a ban the box law, they could face varying fines based on the jurisdiction.
- Some laws provide for strict penalties on the first violation, beyond $1,000. Others are less severe, using a tiered penalty system that increases for each violation. All new ban the box laws provide a grace period, usually 30 days, for employers to update their policies and ensure staff are properly trained to comply with the new law.
Ban the Box Laws Frequently Asked Questions (FAQs)
Is there a national ban the box law?
No, at least not for private employers with no federal government contracts. If your company has federal government contracts, you may be required to adhere to federal agency ban the box laws. However, as more states and cities pass ban the box laws for private employers, be aware that a national law may come, which would supersede any state and local laws.
When can I ask a candidate about their criminal history?
It depends on where the applicant is located. If an applicant lives in a state that has a ban the box law, you’re probably unable to ask about their criminal history until at least an interview has occurred.
Can I run background checks?
Yes, but usually not until a formal job offer has been provided to the candidate. Background checks aren’t always a necessary part of the hiring process, but if your company considers the background screening necessary, make sure you’re following the applicable laws to make sure you’re running a compliant background check.
What is a fair chance process?
Fair chance is another way to describe ban the box laws, though many states have fair chance laws that extend to housing and other areas of public importance. Fair chance simply means providing employment opportunities for people with criminal records by giving them a ‘fair chance’ to find gainful employment.
Bottom Line
Ban the box laws have been around since 1998. While there’s no federal law yet for private employers, it’s crucial that you pay attention to where your company gets applicants. Some state and local laws may apply, even if you don’t have a business presence in that area.
