- 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’ 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
| State | Public-sector employers | Private-sector employers | Vendors/Contractors | When employers may ask about criminal history | Date 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 |
| Connecticut | ✅ | ✅ | ✅ | At any time after the initial job application. | January 1, 2017 |
| Delaware | ✅ | ❌ | ❌ | After a conditional job offer has been made. | May 8, 2014 |
| District of Columbia | ✅ | ✅ | ✅ | After a conditional job offer has been made. Applies to all employers with 11 or more employees (federal employers are excluded). | December 17, 2014 |
| Hawaii | ✅ | ✅ | ✅ | After 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 |
| Louisiana | ✅ | ❌ | ❌ | An 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 |
| Maine | ✅ | ✅ | ✅ | For 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 |
| Maryland | ✅ | ✅ | ✅ | During 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 |
| Massachusetts | ✅ | ✅ | ✅ | After the initial job interview (not before the initial written application). | October 13, 2018 |
| Minnesota | ✅ | ✅ | ✅ | During the job interview or once a conditional job offer has been made. | January 1, 2014 |
| Nebraska | ✅ | ❌ | ❌ | After the employer has determined the job applicant meets the minimum job requirements. | April 17, 2014 |
| Nevada | ✅ | ❌ | ❌ | After 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 Hampshire | ✅ | ❌ | ❌ | During or after the initial job interview. | April 18, 2019 |
| New Jersey | ✅ | ✅ | ✅ | After 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 Mexico | ✅ | ✅ | ✅ | After reviewing the application and discussing potential employment with the applicant. Applies to private employers with 4 or more employees. | June 14, 2019 |
| North Dakota | ✅ | ❌ | ❌ | After the job applicant has been selected for an interview. | August 1, 2019 |
| Ohio | ✅ | ❌ | ❌ | Questions related to the job applicant’s criminal history have been removed from initial job application forms. | March 23, 2016 |
| Oregon | ✅ | ✅ | ✅ | After 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 Island | ✅ | ✅ | ✅ | After the initial job interview. Applies to all public-sector employers and all private-sector employers with at least 4 employees. | January 1, 2014 |
| Tennessee | ✅ | ❌ | ❌ | Questions 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 |
| Vermont | ✅ | ✅ | ✅ | During the initial interview or once the employer has determined that the job applicant is qualified for the position. | July 1, 2017 |
| Virginia | ✅ | ❌ | ✅ | After the initial job interview. Applies to public-sector employers in the state’s executive branch. | March 23, 2020 |
| Washington | ✅ | ✅ | ✅ | After a conditional job offer has been made. | June 7, 2018 |
| Wisconsin | ✅ | ❌ | ❌ | After the employer has determined that a job applicant is certified for the position. | July 1, 2016 |
‘Ban the box’ state policies
| State | Public-sector employers | Private-sector employers | Vendors/Contractors | When employers may ask about criminal history | Date 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 |
| Georgia | ✅ | ❌ | ❌ | After the initial stage of the public-sector application process. | February 23, 2015 |
| Indiana | ✅ | ❌ | ❌ | At a later point in the application and hiring process. Applies only to public-sector positions in the state’s executive branch. | July 1, 2017 |
| Kansas | ✅ | ❌ | ❌ | After the initial stage of job application. Applies only to public-sector employers in the state’s executive branch. | May 2, 2018 |
| Kentucky | ✅ | ❌ | ❌ | After the job applicant has been selected for an interview. Applies only to public-sector employers in the state’s executive branch. | February 1, 2017 |
| Michigan | ✅ | ❌ | ❌ | Any time during the hiring process. | October 1, 2018 |
| Missouri | ✅ | ❌ | ❌ | After a conditional job offer has been made. Applies to public-sector employers with at least 6 employees. | April 11, 2016 |
| New York | ✅ | ✅ | ❌ | Once 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 Carolina | ✅ | ❌ | ❌ | After the conditional offer of employment to the applicant has been made. | April 1, 2021 |
| Oklahoma | ✅ | ❌ | ❌ | Questions related to the job applicant’s criminal history have been removed from initial job application forms. | February 24, 2016 |
| Pennsylvania | ✅ | ❌ | ❌ | Questions related to the job applicant’s criminal history have been removed from initial job application forms. | July 1, 2017 |
‘Ban the box’ county policies
| County | Public-sector employers | Private-sector employers | Vendors/Contractors | When employers may ask about criminal history |
|---|---|---|---|---|
| Alameda County, CA | ✅ | ❌ | ❌ | Disclosure 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, NY | ✅ | ❌ | ❌ | After 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, PA | ✅ | ❌ | ❌ | The county may not ask about a job applicant’s criminal record until after the initial interview. |
| Broward County, FL | ✅ | ❌ | ❌ | After the job applicant has been selected as a finalist for the position. |
| Buncombe County, NC | ✅ | ❌ | ❌ | Questions related to the job applicant’s criminal history have been removed from initial job application forms. |
| Cherokee County, GA | ✅ | ❌ | ❌ | After the initial interview. |
| Coconino County, AZ | ✅ | ❌ | ❌ | Questions related to the job applicant’s criminal history have been removed from initial job applications. |
| Cook County, IL | ✅ | ✅ | ✅ | After the job applicant has been selected for an interview or after a conditional job offer has been made. |
| Cumberland County, NC | ✅ | ❌ | ❌ | Questions related to the job applicant’s criminal history have been removed from initial job application forms. |
| Cuyahoga County, OH | ✅ | ❌ | ❌ | After a conditional job offer has been made. |
| Dallas County, TX | ✅ | ❌ | ❌ | Later in the hiring process. |
| Dane County, WI | ✅ | ❌ | ❌ | Questions related to the job applicant’s criminal history have been removed from initial job application forms. |
| Durham County, NC | ✅ | ❌ | ❌ | After the job applicant has been selected for hire. |
| Dutchess County, NY | ✅ | ❌ | ❌ | Questions related to the job applicant’s criminal history have been removed from all exams, recruitment stages, and job application forms. |
| Fairfax County, VA | ✅ | ❌ | ❌ | After a conditional job offer has been made. |
| Forsyth County, NC | ✅ | ❌ | ❌ | Questions related to the job applicant’s criminal history have been removed from initial job application forms. |
| Franklin County, OH | ✅ | ❌ | ❌ | After a conditional job offer has been made. |
| Fulton County, GA | ✅ | ❌ | ❌ | The County is prohibited from asking criminal history-related questions during the application process or before or during the first interview. |
| Genesee County, MI | ✅ | ❌ | ❌ | After a conditional job offer has been made. |
| Hamilton County, OH | ✅ | ❌ | ❌ | After a conditional job offer has been made. |
| Hamilton County, TN | ✅ | ❌ | ❌ | After a conditional job offer has been made. |
| Harris County, TX | ✅ | ❌ | ❌ | After a conditional job offer has been made. |
| Henry County, VA | ✅ | ❌ | ❌ | Questions related to the job applicant’s criminal history have been removed from initial job application forms. |
| Jackson County, MO | ✅ | ❌ | ❌ | Questions related to the job applicant’s criminal history have been removed from initial job application forms. |
| Johnson County, IA | ✅ | ❌ | ❌ | After a conditional job offer has been made. |
| Linn County, IA | ✅ | ❌ | ❌ | After the job applicant has been selected for an interview. |
| Lucas County, OH | ✅ | ❌ | ❌ | After the job applicant has been selected as a finalist for the position. |
| Macon-Bibb County, GA | ✅ | ❌ | ❌ | Questions related to the job applicant’s criminal history have been removed from the county job application process. |
| Maricopa County, AZ | ✅ | ❌ | ❌ | After a conditional job offer has been made. |
| Mecklenburg County, NC | ✅ | ❌ | ❌ | Questions related to the job applicant’s criminal history have been removed from initial job application forms. |
| Miami-Dade County, FL | ✅ | ❌ | ❌ | After a conditional job offer has been made. |
| Milwaukee County, WI | ✅ | ❌ | ❌ | Questions related to the job applicant’s criminal history have been removed from initial job application forms. |
| Montgomery County, MD | ✅ | ✅ | ✅ | After the completion of the initial job interview. Applies to employers in the county with 15 or more full-time employees. |
| Montgomery County, VA | ✅ | ❌ | ❌ | Questions related to the job applicant’s criminal history have been removed from initial job application forms. |
| Multnomah County, OR | ✅ | ❌ | ❌ | At a later stage of the hiring process. |
| Muskegon County, MI | ✅ | ❌ | ❌ | Criminal history-related questions are prohibited on job applications unless required by local, state, or federal law. |
| New Castle County, DE | ✅ | ❌ | ❌ | After a conditional job offer has been made. |
| New Hanover County, NC | ✅ | ❌ | ❌ | After the job applicant has been selected as a finalist for the position. |
| Northampton County, PA | ✅ | ❌ | ❌ | Questions related to the job applicant’s criminal history have been removed from initial job application forms. |
| Oakland County, MI | ✅ | ❌ | ❌ | After the job applicant has been interviewed or has been determined qualified for the job. |
| Pima County, AZ | ✅ | ❌ | ❌ | After the job application, during the hiring process. |
| Prince George’s County, MD | ✅ | ✅ | ✅ | After the initial job interview. Applies to employers in the county with 25 or more full-time employees. |
| Prince William County, VA | ✅ | ❌ | ❌ | After the completion of the interview process. |
| Pulaski County, AR | ✅ | ❌ | ❌ | After a conditional job offer has been made. |
| Richland County, SC | ✅ | ❌ | ❌ | After the job applicant has been selected for an interview. |
| Santa Clara County, CA | ✅ | ❌ | ❌ | After the job applicant has been selected for an interview. |
| Shelby County, TN | ✅ | ❌ | ❌ | After a conditional job offer has been made. Applies to Shelby County government jobs. |
| Spokane County, WA | ✅ | ❌ | ❌ | After the job applicant has been determined qualified for the position. |
| Stark County, OH | ✅ | ❌ | ❌ | Questions related to the job applicant’s criminal history have been removed from initial job application forms. |
| Suffolk County, NY | ✅ | ✅ | ✅ | After the initial job interview. |
| Summit County, OH | ✅ | ❌ | ❌ | After the initial interview. |
| Tompkins County, NY | ✅ | ❌ | ❌ | Later in the hiring process. |
| Travis County, TX | ✅ | ❌ | ❌ | After the job applicant has been selected for hire. Applies to employers with at least 15 employees. |
| Ulster County, NY | ✅ | ❌ | ❌ | After the initial job interview. |
| Wake County, NC | ✅ | ❌ | ❌ | After the job applicant has been selected as a finalist for the position. |
| Westchester County, NY | ✅ | ✅ | ✅ | Questions related to the job applicant’s criminal history have been removed from initial job application forms. |
| York County, SC | ✅ | ❌ | ❌ | After a conditional job offer has been made. |
‘Ban the box’ city policies
| City | Public-sector employers | Private-sector employers | Vendors/Contractors | When employers may ask about criminal history |
|---|---|---|---|---|
| Aiken, SC | ✅ | ❌ | ❌ | After a conditional job offer has been made. |
| Akron, OH | ✅ | ❌ | ❌ | Questions related to the job applicant’s criminal history have been removed from initial job application forms. |
| Albany, GA | ✅ | ❌ | ❌ | Once the job applicant has been selected for an interview. |
| Alexandria, VA | ✅ | ❌ | ❌ | After a conditional job offer has been made. |
| Allentown, PA | ✅ | ❌ | ❌ | After a conditional job offer has been made. |
| Alliance, OH | ✅ | ❌ | ❌ | Background checks may only be required before the job applicant is certified for an interview. |
| Ann Arbor, MI | ✅ | ❌ | ✅ | After a conditional job offer has been made. |
| Asheville, NC | ✅ | ❌ | ❌ | Questions related to the job applicant’s criminal history have been removed from initial job application forms. |
| Atlanta, GA | ✅ | ❌ | ❌ | Once the city has determined that the job applicant is qualified for the position. |
| Augusta, GA | ✅ | ❌ | ❌ | After the job applicant has been selected as a finalist for the position. |
| Austin, TX | ✅ | ✅ | ✅ | After a conditional job offer has been made. Applies to employers with at least 15 employees. |
| Baltimore, MD | ✅ | ✅ | ✅ | After a conditional job offer has been made. Applies to all employers with 10 or more full-time employees. |
| Baton Rouge, LA | ✅ | ❌ | ✅ | Questions related to criminal history in the city job applications (including city contractors) are prohibited. |
| Berkeley, CA | ✅ | ❌ | ❌ | After a conditional job offer has been made. |
| Bethlehem, PA | ✅ | ❌ | ❌ | After the job applicant has been selected as a finalist for the position. |
| Birmingham, AL | ✅ | ❌ | ❌ | After the initial job application or a conditional job offer has been made. |
| Blacksburg, VA | ✅ | ❌ | ❌ | Once the job applicant has been selected as a finalist for the position. |
| Boston, MA | ✅ | ✅ | ✅ | Background checks are only required for sensitive positions. |
| Bridgeport, CT | ✅ | ❌ | ❌ | After 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, NY | ✅ | ✅ | ✅ | After a job application has been submitted, but not before the initial interview. |
| Cambridge, MA | ✅ | ❌ | ✅ | After the job applicant has been determined qualified for the position. |
| Canton, OH | ✅ | ❌ | ❌ | After the job applicant has been determined qualified for the position. |
| Carrboro, NC | ✅ | ❌ | ❌ | Questions related to the job applicant’s criminal history have been removed from initial job application forms. |
| Carson, CA | ✅ | ❌ | ❌ | After a conditional job offer has been made. |
| Charlotte, NC | ✅ | ❌ | ❌ | Questions related to the job applicant’s criminal history have been removed from initial job application forms. |
| Charlottesville, VA | ✅ | ❌ | ❌ | Background checks are allowed only before making a final employment offer. |
| Chattanooga, TN | ✅ | ❌ | ❌ | Only after a job application has been submitted. |
| Chicago, IL | ✅ | ✅ | ✅ | After 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, OH | ✅ | ❌ | ❌ | After a conditional job offer has been made. |
| Clearwater, FL | ✅ | ❌ | ❌ | After the city has determined qualified candidates. |
| Cleveland, OH | ✅ | ❌ | ❌ | After the job applicant has been selected as a finalist for the position. |
| Columbia, MO | ✅ | ✅ | ✅ | After a conditional job offer has been made. |
| Columbia, SC | ✅ | ❌ | ❌ | After a conditional job offer has been made. |
| Columbus, GA | ✅ | ❌ | ❌ | After completion of the hiring process. |
| Compton, CA | ✅ | ❌ | ✅ | After a conditional job offer has been made. |
| Danville, VA | ✅ | ❌ | ❌ | After a conditional job offer has been made. |
| Daytona Beach, FL | ✅ | ❌ | ❌ | Once the city is interested in hiring the job applicant. |
| DeSoto, TX | ✅ | ✅ | ✅ | Questions related to the job applicant’s criminal history have been removed from initial job application forms. |
| Denver, CO | ✅ | ❌ | ❌ | After a conditional job offer has been made. |
| Des Moines, IA | ✅ | ❌ | ❌ | After a conditional job offer has been made. |
| Detroit, MI | ✅ | ❌ | ✅ | After a job applicant has been interviewed or has been determined qualified for employment by the city. |
| Durham City, NC | ✅ | ❌ | ❌ | After a conditional job offer has been made. |
| East Lansing, MI | ✅ | ❌ | ❌ | Criminal history-related questions are prohibited during the pre-screening stage of the hiring process. |
| East Palo Alto, CA | ✅ | ❌ | ❌ | After the job applicant is selected as a finalist for the position. |
| Fort Myers, FL | ✅ | ❌ | ❌ | Later in the hiring process. |
| Fredericksburg, VA | ✅ | ❌ | ❌ | After a conditional job offer has been made. |
| Gainesville, FL | ✅ | ❌ | ❌ | City commissioners removed the criminal history inquiry from the city’s job application. |
| Glendale, AZ | ✅ | ❌ | ❌ | After a conditional job offer has been made. |
| Harrisonburg, VA | ✅ | ❌ | ❌ | After a conditional job offer has been made. |
| Hartford, CT | ✅ | ❌ | ✅ | After a conditional job offer has been made. |
| Indianapolis, IN | ✅ | ❌ | ✅ | After the first interview. |
| Ithaca, NY | ✅ | ❌ | ❌ | After the job applicant has been selected as a finalist for the position. |
| Jacksonville, FL | ✅ | ❌ | ❌ | After the job applicant has been selected for hire. |
| Kalamazoo, MI | ✅ | ❌ | ✅ | Criminal history related questions are prohibited on job applications. |
| Kansas City, KS | ✅ | ✅ | ✅ | After the job applicant has been determined qualified and interviewed for the position. Applies to employers with 6 or more employees. |
| Kansas City, MO | ✅ | ✅ | ✅ | After the job applicant has been determined qualified and interviewed for the position. |
| Kingston, NY | ✅ | ❌ | ❌ | During the job interview. |
| Lakeland, FL | ✅ | ❌ | ❌ | After the job applicant has been taken into consideration for the position. |
| Lancaster, PA | ✅ | ❌ | ❌ | After the job applicant has been selected as a finalist for the position. |
| Los Angeles, CA | ✅ | ✅ | ✅ | After a conditional job offer has been made. |
| Louisville, KY | ✅ | ❌ | ✅ | After the job applicant has been determined qualified for the position. |
| Madison, WI | ✅ | ❌ | ✅ | After a conditional job offer has been made. |
| Massillon, OH | ✅ | ❌ | ❌ | After the city has determined the best candidates for the position. |
| Memphis, TN | ✅ | ❌ | ❌ | Questions 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, WI | ✅ | ❌ | ❌ | Background checks are only allowed when the job applicant has been considered eligible for the position. |
| Minneapolis, MN | ✅ | ❌ | ❌ | After the job applicant has been determined qualified for the position. |
| Nashville, TN | ✅ | ❌ | ❌ | Questions related to the job applicant’s criminal history have been removed from initial job application forms. |
| New Bern, NC | ✅ | ❌ | ❌ | After a conditional job offer has been made. |
| New Haven, CT | ✅ | ❌ | ✅ | After a conditional job offer has been made. |
| New Orleans, LA | ✅ | ❌ | ✅ | After the job applicant has been interviewed and has been determined qualified for the position. |
| New York City, NY | ✅ | ✅ | ✅ | After 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, OH | ✅ | ❌ | ❌ | Questions related to the job applicant’s criminal history have been removed from initial job application forms. |
| Newburgh, NY | ✅ | ❌ | ❌ | During the job interview. |
| Newport News, VA | ✅ | ❌ | ❌ | Questions related to the job applicant’s criminal history have been removed from initial job application forms. |
| Norfolk, VA | ✅ | ❌ | ❌ | Questions related to the job applicant’s criminal history have been removed from initial job application forms. |
| North Las Vegas, NE | ✅ | ❌ | ❌ | During the initial interview. |
| Norwich, CT | ✅ | ❌ | ❌ | After a conditional job offer has been made. |
| Orlando, FL | ✅ | ❌ | ❌ | After a conditional job offer has been made. |
| Pasadena, CA | ✅ | ❌ | ❌ | Questions related to the job applicant’s criminal history have been removed from the city job application. |
| Petersburg, VA | ✅ | ❌ | ❌ | After a conditional job offer has been made. |
| Philadelphia, PA | ✅ | ✅ | ✅ | After a conditional job offer has been made. |
| Phoenix, AZ | ✅ | ❌ | ❌ | After the job applicant is selected as a finalist for the position. |
| Pine Bluff, AR | ✅ | ❌ | ❌ | Employers are prohibited from inquiring into an applicant’s criminal history on an initial job application. |
| Pittsburgh, PA | ✅ | ❌ | ✅ | Questions related to the job applicant’s criminal history have been removed from initial job application forms. |
| Pompano Beach, FL | ✅ | ❌ | ❌ | After the initial job interview. |
| Portland, OR | ✅ | ✅ | ✅ | After a conditional job offer has been made. Applies to private employers with at least 6 employees as well as city employers. |
| Portsmouth, VA | ✅ | ❌ | ❌ | Questions related to the job applicant’s criminal history have been removed from initial job application forms. |
| Providence, RI | ✅ | ❌ | ❌ | Once the employer has determined that the job applicant meets the minimum job criteria based on qualifications and ability. |
| Reading, PA | ✅ | ❌ | ❌ | After a conditional job offer has been made. |
| Richmond, CA | ✅ | ❌ | ✅ | Employers 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, VA | ✅ | ❌ | ❌ | Questions related to the job applicant’s criminal history have been removed from initial job application forms. |
| Rochester, NY | ✅ | ✅ | ✅ | After the initial job interview. |
| Sacramento, CA | ✅ | ❌ | ✅ | After 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, TX | ✅ | ❌ | ❌ | After a conditional job offer has been made. |
| San Francisco, CA | ✅ | ✅ | ✅ | After a conditional job offer has been made. Applies to employers with at least 5 employees. |
| Sarasota, FL | ✅ | ❌ | ❌ | After the job applicant has been selected as a finalist for the position. |
| Savannah, GA | ✅ | ❌ | ❌ | After the job applicant has been determined as a preliminary candidate for the position. |
| Seattle, WA | ✅ | ✅ | ✅ | After the employer has determined qualified applicants. |
| South Fulton, GA | ✅ | ❌ | ✅ | After 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, NC | ✅ | ❌ | ❌ | The town may review a job applicant’s criminal history on a case-by-case basis. |
| St. Louis, MO | ✅ | ✅ | ✅ | After the job applicant has been determined qualified for the position. Applies to public and private employers with 10 or more employees. |
| St. Paul, MN | ✅ | ❌ | ❌ | After the job applicant has been determined qualified for the position. |
| St. Petersburg, FL | ✅ | ❌ | ❌ | The city prohibited inquiring about a criminal record for city job applicants. |
| Staunton, VA | ✅ | ❌ | ❌ | Interviewed job applicants may disclose their criminal history only after interviewing. |
| Syracuse, NY | ✅ | ❌ | ✅ | After the job applicant has been determined qualified for the position and a conditional job offer has been made. |
| Tacoma, WA | ✅ | ❌ | ❌ | After completion of the hiring process. |
| Tallahassee, FL | ✅ | ❌ | ❌ | After the city selects the top candidates. |
| Tamarac, FL | ✅ | ❌ | ❌ | After the employer has determined that the job applicant is qualified for the position (i.e., meets the basic job criteria). |
| Tampa, FL | ✅ | ❌ | ❌ | After a conditional job offer has been made. |
| Tempe, AZ | ✅ | ❌ | ❌ | After the completion of the first interview or after the job applicant has been selected as the finalist for the position. |
| Topeka, KS | ✅ | ❌ | ❌ | After a conditional job offer has been made. |
| Tucson, AZ | ✅ | ❌ | ❌ | After a conditional job offer has been made. |
| Virginia Beach, VA | ✅ | ❌ | ❌ | After a conditional job offer has been made. |
| Warren, OH | ✅ | ❌ | ❌ | After a conditional job offer has been made. |
| Washington, D.C. | ✅ | ✅ | ✅ | After a conditional job offer has been made. |
| Waterloo, IA | ✅ | ✅ | ✅ | After a conditional job offer has been made. Applies to private and city employers with 15 or more employees. |
| Wilmington, DE | ✅ | ❌ | ❌ | After a conditional job offer has been made. |
| Wilmington, NC | ✅ | ❌ | ❌ | Later in the hiring process. |
| Winston-Salem, NC | ✅ | ❌ | ❌ | Questions related to the job applicant’s criminal history have been removed from initial job applications. |
| Woodstock, NY | ✅ | ❌ | ❌ | Questions related to the job applicant’s criminal history have been removed from initial job application forms. |
| Worcester, MA | ✅ | ❌ | ✅ | Background checks may only be done when mandated by law. |
| Yonkers, NY | ✅ | ❌ | ❌ | Questions related to the job applicant’s criminal history have been removed from initial job application forms. |
| York, PA | ✅ | ❌ | ❌ | Questions related to the job applicant’s criminal history have been removed from initial job application forms. |
| Youngstown, OH | ✅ | ❌ | ❌ | After a conditional job offer has been made. |
| Ypsilanti, MI | ✅ | ✅ | ❌ | Criminal 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?
- California,
- Colorado,
- Florida,
- New York,
- Texas,
- Washington, and
- 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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