• The ‘ban the box’ law,
  • The cities, counties, and states with ‘ban the box’ laws, 
  • The first state to introduce the ‘ban the box’ movement,
  • The advantages and disadvantages of the ‘ban the box’ laws, and
  • The states with ‘ban the box’ laws using 10-year background checks.
Ban the box - cover
  • ‘Ban the box’ laws are implemented to protect candidates with criminal histories and ensure fair hiring practices without prejudice or bias.
  • 27 US states have adopted state ‘ban the box’ laws, and 11 US states rely on state-wide policies to protect ex-offenders during job applications.
  • In addition to the federal sector, ‘ban the box’ laws protect employees in various US states and localities.
  • ‘Ban the box’ laws further improve the selection process by helping employers pick the most qualified candidate for the job, regardless of their history.

What are ‘ban the box’ laws? 

  • Race,
  • Age,
  • Skin color,
  • Sex,
  • Gender,
  • Disability,
  • National origin, and
  • Genetic information.

‘Ban the box’ state laws

StatePublic-sector employersPrivate-sector employersVendors/ContractorsWhen employers may ask about criminal historyDate of effect
California After a conditional job offer has been made. Applies to both private and public employers with at least 5 employees.January 1, 2018
Colorado At any time after the initial job application. Applies to all employers.September 1, 2021
ConnecticutAt any time after the initial job application.January 1, 2017
DelawareAfter a conditional job offer has been made.May 8, 2014
District of ColumbiaAfter a conditional job offer has been made. Applies to all employers with 11 or more employees (federal employers are excluded).December 17, 2014
HawaiiAfter a conditional job offer has been made.  July 15, 1998
Illinois After the job applicant has been selected for an interview or after a conditional job offer has been made. January 1, 2015
LouisianaAn employer cannot consider criminal offenses during a background check. Based on the law’s provisions, the employer will assess whether the applicant’s criminal background affects the job duties.June 10, 2021
MaineFor state government jobs, asking questions about criminal history on applications is prohibited. For private-sector jobs, after the initial interview or once the job applicant has been determined qualified for the position.October 18, 2021
MarylandDuring the first face-to-face interview and after that point. Applies to all employers (public and private) with 15 or more full-time employees working in the state of Maryland. February 29, 2020
MassachusettsAfter the initial job interview (not before the initial written application).October 13, 2018
MinnesotaDuring the job interview or once a conditional job offer has been made.January 1, 2014
NebraskaAfter the employer has determined the job applicant meets the minimum job requirements.April 17, 2014
NevadaAfter the final in-person interview, once a conditional job offer has been made, or if applicable, once the applicant has been certified by the administrator.January 1, 2018
New HampshireDuring or after the initial job interview.April 18, 2019
New JerseyAfter the employer has conducted the interview, the applicant has been determined to be qualified and selected as a finalist in the hiring process. Applies to all employers with at least 15 employees.March 1, 2015
New MexicoAfter reviewing the application and discussing potential employment with the applicant. Applies to private employers with 4 or more employees.June 14, 2019
North DakotaAfter the job applicant has been selected for an interview. August 1, 2019
OhioQuestions related to the job applicant’s criminal history have been removed from initial job application forms. March 23, 2016
OregonAfter the initial job interview. Applies only to public-sector employers employing for non-civil service positions under the governor’s jurisdiction.January 1, 2016
Rhode IslandAfter the initial job interview. Applies to all public-sector employers and all private-sector employers with at least 4 employees.January 1, 2014
TennesseeQuestions related to the job applicant’s criminal history have been removed from initial job application forms.April 14, 2016
Utah After the initial job interview or if no interview is conducted, once a conditional job offer has been made.May 8, 2017
VermontDuring the initial interview or once the employer has determined that the job applicant is qualified for the position.July 1, 2017
VirginiaAfter the initial job interview. Applies to public-sector employers in the state’s executive branch.March 23, 2020
WashingtonAfter a conditional job offer has been made.June 7, 2018
WisconsinAfter the employer has determined that a job applicant is certified for the position.July 1, 2016

‘Ban the box’ state policies

StatePublic-sector employersPrivate-sector employersVendors/ContractorsWhen employers may ask about criminal historyDate of effect
Arizona After the submission of a job application and the initial interview. Applies to public sector employers in the state’s executive branch.November 6, 2017
GeorgiaAfter the initial stage of the public-sector application process.February 23, 2015
IndianaAt a later point in the application and hiring process. Applies only to public-sector positions in the state’s executive branch.July 1, 2017
KansasAfter the initial stage of job application. Applies only to public-sector employers in the state’s executive branch.May 2, 2018
KentuckyAfter the job applicant has been selected for an interview. Applies only to public-sector employers in the state’s executive branch.February 1, 2017
MichiganAny time during the hiring process.October 1, 2018
MissouriAfter a conditional job offer has been made. Applies to public-sector employers with at least 6 employees. April 11, 2016
New YorkOnce the state agency has interviewed the job applicant and is interested in hiring them.
Private employers must consider several factors during the job interview, including whether the job description relates to the applicant’s rehabilitation or ability to work.
September 21, 2015
North CarolinaAfter the conditional offer of employment to the applicant has been made.April 1, 2021
OklahomaQuestions related to the job applicant’s criminal history have been removed from initial job application forms.February 24, 2016
PennsylvaniaQuestions related to the job applicant’s criminal history have been removed from initial job application forms.July 1, 2017

‘Ban the box’ county policies

CountyPublic-sector employersPrivate-sector employersVendors/ContractorsWhen employers may ask about criminal history
Alameda County, CADisclosure of criminal history information is only allowed after the last step of the examination process. Fingerprinting for background checks is only allowed after a conditional job offer has been made. 
Albany County, NYAfter a conditional job offer has been made.
Allegheny County, PA After a conditional job offer has been made.
Arlington County, VA

Questions related to the job applicant’s criminal history have been removed from initial job application forms. Background checks are performed on all job applicants before confirming employment.
Beaver County, PAThe county may not ask about a job applicant’s criminal record until after the initial interview.
Broward County, FLAfter the job applicant has been selected as a finalist for the position.
Buncombe County, NCQuestions related to the job applicant’s criminal history have been removed from initial job application forms. 
Cherokee County, GAAfter the initial interview.
Coconino County, AZQuestions related to the job applicant’s criminal history have been removed from initial job applications.
Cook County, ILAfter the job applicant has been selected for an interview or after a conditional job offer has been made. 
Cumberland County, NCQuestions related to the job applicant’s criminal history have been removed from initial job application forms. 
Cuyahoga County, OHAfter a conditional job offer has been made.
Dallas County, TXLater in the hiring process.
Dane County, WIQuestions related to the job applicant’s criminal history have been removed from initial job application forms.
Durham County, NCAfter the job applicant has been selected for hire.
Dutchess County, NYQuestions related to the job applicant’s criminal history have been removed from all exams, recruitment stages, and job application forms. 
Fairfax County, VAAfter a conditional job offer has been made.
Forsyth County, NCQuestions related to the job applicant’s criminal history have been removed from initial job application forms. 
Franklin County, OHAfter a conditional job offer has been made.
Fulton County, GAThe County is prohibited from asking criminal history-related questions during the application process or before or during the first interview. 
Genesee County, MIAfter a conditional job offer has been made.
Hamilton County, OHAfter a conditional job offer has been made.
Hamilton County, TNAfter a conditional job offer has been made.
Harris County, TXAfter a conditional job offer has been made.
Henry County, VAQuestions related to the job applicant’s criminal history have been removed from initial job application forms.
Jackson County, MOQuestions related to the job applicant’s criminal history have been removed from initial job application forms.
Johnson County, IAAfter a conditional job offer has been made.
Linn County, IAAfter the job applicant has been selected for an interview.
Lucas County, OHAfter the job applicant has been selected as a finalist for the position.
Macon-Bibb County, GAQuestions related to the job applicant’s criminal history have been removed from the county job application process. 
Maricopa County, AZAfter a conditional job offer has been made.
Mecklenburg County, NCQuestions related to the job applicant’s criminal history have been removed from initial job application forms. 
Miami-Dade County, FLAfter a conditional job offer has been made.
Milwaukee County, WIQuestions related to the job applicant’s criminal history have been removed from initial job application forms.
Montgomery County, MDAfter the completion of the initial job interview. Applies to employers in the county with 15 or more full-time employees. 
Montgomery County, VAQuestions related to the job applicant’s criminal history have been removed from initial job application forms.
Multnomah County, ORAt a later stage of the hiring process.
Muskegon County, MICriminal history-related questions are prohibited on job applications unless required by local, state, or federal law. 
New Castle County, DEAfter a conditional job offer has been made. 
New Hanover County, NCAfter the job applicant has been selected as a finalist for the position.
Northampton County, PAQuestions related to the job applicant’s criminal history have been removed from initial job application forms.
Oakland County, MIAfter the job applicant has been interviewed or has been determined qualified for the job.
Pima County, AZAfter the job application, during the hiring process.
Prince George’s County, MDAfter the initial job interview. Applies to employers in the county with 25 or more full-time employees.
Prince William County, VAAfter the completion of the interview process.
Pulaski County, ARAfter a conditional job offer has been made.
Richland County, SCAfter the job applicant has been selected for an interview. 
Santa Clara County, CAAfter the job applicant has been selected for an interview.
Shelby County, TNAfter a conditional job offer has been made. Applies to Shelby County government jobs. 
Spokane County, WAAfter the job applicant has been determined qualified for the position.
Stark County, OHQuestions related to the job applicant’s criminal history have been removed from initial job application forms.
Suffolk County, NYAfter the initial job interview.
Summit County, OHAfter the initial interview.
Tompkins County, NYLater in the hiring process.
Travis County, TXAfter the job applicant has been selected for hire. Applies to employers with at least 15 employees.
Ulster County, NYAfter the initial job interview.
Wake County, NCAfter the job applicant has been selected as a finalist for the position.
Westchester County, NYQuestions related to the job applicant’s criminal history have been removed from initial job application forms.
York County, SCAfter a conditional job offer has been made.

‘Ban the box’ city policies

CityPublic-sector employersPrivate-sector employersVendors/ContractorsWhen employers may ask about criminal history
Aiken, SCAfter a conditional job offer has been made.
Akron, OHQuestions related to the job applicant’s criminal history have been removed from initial job application forms. 
Albany, GAOnce the job applicant has been selected for an interview.
Alexandria, VAAfter a conditional job offer has been made.
Allentown, PAAfter a conditional job offer has been made.
Alliance, OHBackground checks may only be required before the job applicant is certified for an interview.
Ann Arbor, MIAfter a conditional job offer has been made.
Asheville, NCQuestions related to the job applicant’s criminal history have been removed from initial job application forms.
Atlanta, GAOnce the city has determined that the job applicant is qualified for the position.
Augusta, GAAfter the job applicant has been selected as a finalist for the position.
Austin, TXAfter a conditional job offer has been made. Applies to employers with at least 15 employees.
Baltimore, MDAfter a conditional job offer has been made. Applies to all employers with 10 or more full-time employees. 
Baton Rouge, LAQuestions related to criminal history in the city job applications (including city contractors) are prohibited.
Berkeley, CAAfter a conditional job offer has been made.
Bethlehem, PAAfter the job applicant has been selected as a finalist for the position.
Birmingham, ALAfter the initial job application or a conditional job offer has been made. 
Blacksburg, VAOnce the job applicant has been selected as a finalist for the position.
Boston, MABackground checks are only required for sensitive positions. 
Bridgeport, CTAfter the job applicant has been considered eligible to take the civil service examination. Criminal history information can be required later in the application or examination process (applies to civil service only).
Buffalo, NYAfter a job application has been submitted, but not before the initial interview. 
Cambridge, MAAfter the job applicant has been determined qualified for the position.
Canton, OHAfter the job applicant has been determined qualified for the position.
Carrboro, NCQuestions related to the job applicant’s criminal history have been removed from initial job application forms. 
Carson, CAAfter a conditional job offer has been made.
Charlotte, NCQuestions related to the job applicant’s criminal history have been removed from initial job application forms. 
Charlottesville, VABackground checks are allowed only before making a final employment offer.
Chattanooga, TNOnly after a job application has been submitted.
Chicago, ILAfter the job applicant has been selected for an interview or after a conditional job offer has been made. Applies to private employers with fewer than 15 employees.
Cincinnati, OHAfter a conditional job offer has been made.
Clearwater, FLAfter the city has determined qualified candidates. 
Cleveland, OHAfter the job applicant has been selected as a finalist for the position.
Columbia, MOAfter a conditional job offer has been made.
Columbia, SCAfter a conditional job offer has been made.
Columbus, GAAfter completion of the hiring process.
Compton, CAAfter a conditional job offer has been made.
Danville, VAAfter a conditional job offer has been made.
Daytona Beach, FLOnce the city is interested in hiring the job applicant.
DeSoto, TXQuestions related to the job applicant’s criminal history have been removed from initial job application forms.
Denver, COAfter a conditional job offer has been made. 
Des Moines, IAAfter a conditional job offer has been made.
Detroit, MIAfter a job applicant has been interviewed or has been determined qualified for employment by the city.
Durham City, NCAfter a conditional job offer has been made.
East Lansing, MICriminal history-related questions are prohibited during the pre-screening stage of the hiring process.
East Palo Alto, CAAfter the job applicant is selected as a finalist for the position.
Fort Myers, FLLater in the hiring process.
Fredericksburg, VAAfter a conditional job offer has been made.
Gainesville, FLCity commissioners removed the criminal history inquiry from the city’s job application.
Glendale, AZAfter a conditional job offer has been made.
Harrisonburg, VAAfter a conditional job offer has been made.
Hartford, CTAfter a conditional job offer has been made. 
Indianapolis, INAfter the first interview.
Ithaca, NYAfter the job applicant has been selected as a finalist for the position.
Jacksonville, FLAfter the job applicant has been selected for hire. 
Kalamazoo, MICriminal history related questions are prohibited on job applications.
Kansas City, KSAfter the job applicant has been determined qualified and interviewed for the position. Applies to employers with 6 or more employees.
Kansas City, MOAfter the job applicant has been determined qualified and interviewed for the position.
Kingston, NYDuring the job interview.
Lakeland, FLAfter the job applicant has been taken into consideration for the position. 
Lancaster, PAAfter the job applicant has been selected as a finalist for the position.
Los Angeles, CAAfter a conditional job offer has been made.
Louisville, KYAfter the job applicant has been determined qualified for the position.
Madison, WIAfter a conditional job offer has been made.
Massillon, OHAfter the city has determined the best candidates for the position.
Memphis, TNQuestions related to the job applicant’s criminal history have been removed from initial job application forms, unless mandated by state and federal law, but only after the job applicant has been determined qualified for the position. 
Milwaukee, WIBackground checks are only allowed when the job applicant has been considered eligible for the position.
Minneapolis, MNAfter the job applicant has been determined qualified for the position.
Nashville, TNQuestions related to the job applicant’s criminal history have been removed from initial job application forms.
New Bern, NCAfter a conditional job offer has been made.
New Haven, CTAfter a conditional job offer has been made. 
New Orleans, LAAfter the job applicant has been interviewed and has been determined qualified for the position. 
New York City, NYAfter the employer has assessed a candidate’s qualifications and a conditional job offer has been made. Applies to public and private employers with more than 4 employees.
Newark, OHQuestions related to the job applicant’s criminal history have been removed from initial job application forms. 
Newburgh, NYDuring the job interview.
Newport News, VAQuestions related to the job applicant’s criminal history have been removed from initial job application forms.
Norfolk, VAQuestions related to the job applicant’s criminal history have been removed from initial job application forms.
North Las Vegas, NEDuring the initial interview.
Norwich, CTAfter a conditional job offer has been made. 
Orlando, FLAfter a conditional job offer has been made.
Pasadena, CAQuestions related to the job applicant’s criminal history have been removed from the city job application.
Petersburg, VAAfter a conditional job offer has been made.
Philadelphia, PAAfter a conditional job offer has been made.
Phoenix, AZAfter the job applicant is selected as a finalist for the position.
Pine Bluff, AREmployers are prohibited from inquiring into an applicant’s criminal history on an initial job application.
Pittsburgh, PAQuestions related to the job applicant’s criminal history have been removed from initial job application forms.
Pompano Beach, FLAfter the initial job interview.
Portland, ORAfter a conditional job offer has been made. Applies to private employers with at least 6 employees as well as city employers.
Portsmouth, VAQuestions related to the job applicant’s criminal history have been removed from initial job application forms. 
Providence, RIOnce the employer has determined that the job applicant meets the minimum job criteria based on qualifications and ability.
Reading, PAAfter a conditional job offer has been made.
Richmond, CAEmployers are prohibited from asking about an applicant’s criminal history at any time unless mandated by state or federal law. Applies to companies with more than 10 employees that do business with the city, as well as their subcontractors.
Richmond, VAQuestions related to the job applicant’s criminal history have been removed from initial job application forms.
Rochester, NYAfter the initial job interview.
Sacramento, CAAfter the employer has determined that the job applicant meets the minimum qualifications for the position. Applies to city contractors with at least 20 employees.
San Antonio, TXAfter a conditional job offer has been made.
San Francisco, CAAfter a conditional job offer has been made. Applies to employers with at least 5 employees.
Sarasota, FLAfter the job applicant has been selected as a finalist for the position.
Savannah, GAAfter the job applicant has been determined as a preliminary candidate for the position.
Seattle, WAAfter the employer has determined qualified applicants. 
South Fulton, GAAfter the job applicant has been interviewed or once the city has determined the applicant is qualified for the position.
Spokane, WA– For private-sector jobs, after an in-person, telephone, or video interview (or a conditional job offer); 
– For city government jobs, background checks are only performed if the job applicant would be in direct contact with city residents, customers, or other employees, but only after the employer has determined that the applicant meets the minimum job qualifications.
Spring Lake, NCThe town may review a job applicant’s criminal history on a case-by-case basis. 
St. Louis, MOAfter the job applicant has been determined qualified for the position. Applies to public and private employers with 10 or more employees.
St. Paul, MNAfter the job applicant has been determined qualified for the position.
St. Petersburg, FLThe city prohibited inquiring about a criminal record for city job applicants. 
Staunton, VAInterviewed job applicants may disclose their criminal history only after interviewing. 
Syracuse, NYAfter the job applicant has been determined qualified for the position and a conditional job offer has been made.
Tacoma, WAAfter completion of the hiring process. 
Tallahassee, FLAfter the city selects the top candidates.
Tamarac, FLAfter the employer has determined that the job applicant is qualified for the position (i.e., meets the basic job criteria).
Tampa, FLAfter a conditional job offer has been made.
Tempe, AZAfter the completion of the first interview or after the job applicant has been selected as the finalist for the position.
Topeka, KSAfter a conditional job offer has been made.
Tucson, AZAfter a conditional job offer has been made.
Virginia Beach, VAAfter a conditional job offer has been made.
Warren, OHAfter a conditional job offer has been made.
Washington, D.C.After a conditional job offer has been made.
Waterloo, IAAfter a conditional job offer has been made. Applies to private and city employers with 15 or more employees.
Wilmington, DEAfter a conditional job offer has been made. 
Wilmington, NCLater in the hiring process.
Winston-Salem, NCQuestions related to the job applicant’s criminal history have been removed from initial job applications. 
Woodstock, NYQuestions related to the job applicant’s criminal history have been removed from initial job application forms. 
Worcester, MABackground checks may only be done when mandated by law.
Yonkers, NYQuestions related to the job applicant’s criminal history have been removed from initial job application forms. 
York, PAQuestions related to the job applicant’s criminal history have been removed from initial job application forms.
Youngstown, OHAfter a conditional job offer has been made.
Ypsilanti, MICriminal history-related questions are prohibited on job applications.

FAQs about ‘ban the box’ laws

Who started the ‘ban the box’ movement?

  • Combat the high unemployment rate,
  • Reduce continued felony offenses, and
  • Make it easier for Americans with a conviction history to find a job despite their criminal record.
  • When employers might ask about criminal records, 
  • How far back employers can go in a job applicant’s criminal background, and 
  • The type of employers liable to this law.

What US states allow 10-year background checks?

  1. California,
  2. Colorado,
  3. Florida,
  4. New York,
  5. Texas,
  6. Washington, and 
  7. Hawaii.

How many states in the US have passed some form of ‘ban the box’ or fair chance legislation?

  • California, 
  • Colorado, 
  • Connecticut, 
  • District of Columbia,
  • Hawaii,
  • Illinois, 
  • Maine, 
  • Maryland, 
  • Massachusetts, 
  • Minnesota, 
  • New Jersey, 
  • New Mexico, 
  • Oregon, 
  • Rhode Island, 
  • Vermont, and 
  • Washington.

What are some ‘ban the box’ companies?

  • American Airlines, 
  • Busboys and Poets,
  • The Coca-Cola Company, 
  • Facebook, 
  • Georgia Pacific, 
  • Google, 
  • Greyston Bakery, 
  • The Hershey Company, 
  • The Home Depot,
  • The Johns Hopkins Hospital and Health System, 
  • JPMorgan Chase & Co,
  • Koch Industries,
  • Libra Group, 
  • PepsiCo, 
  • Prudential, 
  • Starbucks,
  • Uber, 
  • Under Armour/Plank Industries, 
  • Unilever, and 
  • Xerox.
  • Target, 
  • McDonalds, and
  • Apple Inc.

What are the pros and cons of ‘ban the box’ law?

  • Increased employment opportunities Most often, inquiring into candidates’ criminal history on the initial job application leads to an immediate rejection before the employer is even able to assess the applicant’s qualifications and skills. However, ‘ban the box’ policy makes it possible for ex-criminal offenders to access the labor market more easily and find a stable job. 
  • Better access to qualified applicants — Eliminating criminal-record-related questions from the initial job application form allows employers to select the most talented applicants despite their criminal history.
  • Reduced crime and incarceration rates — Fair hiring and removing employment barriers for people with a criminal record could effectively reduce the risk of recidivism and promote public safety.
  • Limited applicant pool due to having higher standards for a job offer When employers are required to remove the questions related to the applicant’s criminal history, they might be tempted to require more job experience or higher education. This automatically disqualifies certain candidates who could’ve been eligible otherwise. 
  • Employers’ reluctance to hire individuals with a criminal record — Some employers still don’t want to hire ex-offenders, even though some of them would make good and loyal employees. In fact, around 68% of released prisoners were arrested and convicted within 3 years past their release, 79% within 6 years, and 83% within 9 years. Therefore, it could be understandable for employers to prefer hiring individuals who won’t be arrested or convicted again.

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