Ban the Box Laws by State: 2024 Guide

Searching for a job with a criminal record is frequently a discouraging process — especially if the initial screening includes a background check.

For that reason, many US states, cities, and counties have taken steps to eliminate these employment barriers by introducing the ‘ban the box’ law.

Banning the box gives qualified workers (regardless of their criminal history) a fair chance during the hiring process and opens the door to more employment opportunities.

In this guide, you will learn more about:

The ‘ban the box’ law,
The states, cities, and counties 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 most popular ‘ban the box’ companies.

*Note: The information regarding ‘ban the box’ laws and regulations by state has been checked and updated for 2024.

Table of Contents

What are ‘ban the box’ laws?

‘Ban the box’ laws prohibit employers from asking questions related to criminal convictions and arrests on the initial job application or advertisement.

On the federal level, the US government enacted The Fair Chance to Compete for Jobs Act of 2019 (FCA) which prohibits federal employers from determining whether a job applicant is suitable for a certain job position based on their criminal history before a conditional job offer has been made.

However, federal employee candidates are not the only ones protected from discriminatory practices regarding criminal background checks. A great number of US states, counties, and cities have introduced laws and policies that protect private and public-sector candidates, too.

Let’s dive into more details and find out which US states, cities, and counties have introduced the ‘ban the box’ legislation.

‘Ban the box’ state laws

As you can see from the table below, 27 US states have introduced the ‘ban the box’ law. Yet, even though all 27 states ban public-sector employers from inquiring into candidates’ criminal history, only 16 states have a ‘ban the box’ law that regulates the private sector, too.

Also, the prohibitions do not refer to candidates applying to sensitive positions — such as childcare, healthcare, public safety, etc. — whose background may still be subject to screening early in the application process.

Let’s take a look at the table for more details.

State	Public-sector employers	Private-sector employers	Vendors/Contractors	When employers may ask
California	✅	✅	❌	After a conditional job offer has been made. The law applies to private and public employers with at least 5 employees.
Colorado	✅	✅	✅	At any time after the initial job application. Applies to employers with 11+ employees.
Connecticut	✅	✅	✅	At any time after the initial job application.
Delaware	✅	❌	❌	After the completion of the first interview.
District of Columbia	✅	✅	✅	After a conditional job offer has been made. Applies to all employers with 11 or more employees.
Hawaii	✅	✅	✅	After a conditional job offer has been made.
Illinois	✅	✅	✅	After the job applicant has been selected for an interview or after a conditional job offer has been made. Applies to private employers with more than 15 employees.
Louisiana	✅	❌	❌	After the initial job interview or once a conditional job offer has been made.
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.
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.
Massachusetts	✅	✅	✅	Employers are prohibited from asking about the applicant’s criminal history on the initial written application.
Minnesota	✅	✅	✅	After the job applicant has been selected for an interview or once a conditional job offer has been made.
Nebraska	✅	❌	❌	After the employer has determined the job applicant meets the minimum job requirements.
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.
New Hampshire	✅	❌	❌	After the initial job interview.
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.
New Mexico	✅	✅	✅	After the job applicant has been selected as a finalist in the hiring process.
North Dakota	✅	❌	❌	After the job applicant has been selected for an interview.
Ohio	✅	❌	❌	Questions related to the job applicant’s criminal history have been removed from initial job application forms.
Oregon	✅	✅	✅	After the initial job interview. Applies only to public-sector employers employing for non-civil service positions under the governor’s jurisdiction.
Rhode Island	✅	✅	✅	After the initial job interview. Applies to all public-sector employers and all private-sector employers with at least 4 employees.
Tennessee	✅	❌	❌	Questions related to the job applicant’s criminal history have been removed from initial job application forms.
Utah	✅	❌	❌	After the initial job interview or if no interview is conducted, once a conditional job offer has been made.
Vermont	✅	✅	✅	During the initial interview or once the employer has determined that the job applicant is qualified for the position.
Virginia	✅	.❌	✅	After the initial job interview. Applies to public-sector employers in the state’s executive branch.
Washington	✅	✅	✅	After the employer has determined the job applicant meets the minimum job requirements and is qualified for the position.
Wisconsin	✅	❌	❌	After the employer has determined that a job applicant is certified for the position.

‘Ban the box’ state policies

11 US states have introduced ‘ban the box’ policies directing employers to remove criminal history questions from job applications.

However, it’s important to keep in mind that candidates applying to sensitive positions may still be subject to a background check early in the application process.

Let’s look at each state’s ‘ban the box’ policy more closely.

State	Public-sector employers	Private-sector employers	Vendors/Contractors	When employers may ask
Arizona	✅	❌	❌	After the submission of a job application and the initial interview. Applies to public sector employers in the state’s executive branch.
Georgia	✅	❌	❌	After the initial stage of the state job application process.
Indiana	✅	❌	❌	At a later point in the application and hiring process. Applies only to public-sector positions in the state’s executive branch.
Kansas	✅	❌	❌	After the initial stage of job application. Applies only for public-sector employers in the state’s executive branch.
Kentucky	✅	❌	❌	After the job applicant has been selected for an interview. Applies only for public-sector employers in the state’s executive branch.
Michigan	✅	❌	❌	During the initial interview stage of the hiring process.
Missouri	✅	❌	❌	After a conditional job offer has been made. Applies to public-sector employers with at least 6 employees.
New York	✅	❌	❌	Once the state agency has interviewed the job applicant and is interested in hiring them.
North Carolina	✅	❌	❌	After the initial job interview. The policy applies to government employees working under the governor’s authority.
Oklahoma	✅	❌	❌	Questions related to the job applicant’s criminal history have been removed from initial job application forms.
Pennsylvania	✅	❌	❌	Questions related to the job applicant’s criminal history have been removed from initial job application forms.

‘Ban the box’ county policies

60 US counties have passed ‘ban the box’ policies prohibiting employers from criminal record screening until a certain point in the hiring process.

Yet, it’s necessary to keep in mind that candidates applying for sensitive jobs may still be subject to a criminal history check early in the application process.

Let’s take a look at each county in more detail.

County	Public-sector employers	Private-sector employers	Vendors/Contractors	When employers may ask
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	✅	❌	❌	Later in the hiring process, but not in the job application.
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.

*Note: The table is created based on the data provided by the National Employment Law Project.

‘Ban the box’ city policies

125 US cities have a ‘ban the box’ policy, which prevents employers from inquiring into a candidate’s criminal record history until later in the hiring process.

However, candidates applying for sensitive positions may be subject to criminal history screening early in the application process.

Let’s dive deeper into each city’s ‘ban the box’ policy.

City	Public-sector employers	Private-sector employers	Vendors/Contractors	When employers may ask
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 check 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 less 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 qualification 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	✅	❌	✅	The employer is 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 who 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, orother 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.
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.

*Note: The table is created based on the data provided by the National Employment Law Project.

FAQs about ‘ban the box’ laws

The FAQ section below includes a list of the most frequently asked questions about the ‘ban the box’ law.

Who started the ‘ban the box’ movement?

Hawaii was the first state to start the ‘ban the box’ campaign in 1998. The campaign was introduced by ex-convicts and their supporters as an approach to forbid the inquiry into applicants’ criminal record on job applications.

All in all, ‘ban the box’ was a great way to:

Combat the high unemployment rate,
Reduce continued felony offenses, and
Make it easier for convicted Americans to find a job despite their criminal record.

Since its beginning, ‘ban the box’ has become more than just a campaign about eliminating inquiries about criminal history on application forms. The prohibition has been adapted into several laws and policies across the majority of US states, counties, and cities.

Moreover, back in the past, ‘ban the box’ only referred to the check box on job applications. However, nowadays, the law also governs:

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.

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

‘Ban the box’ law, which prevents public sector employers from inquiring into employees’ criminal history records, has been adopted in 27 US states (including the District of Columbia), whereas 11 US states have adopted ‘ban the box’ policies.

However, only 16 states have adopted this law as a method of providing fair employment opportunities for formerly convicted felons looking to find work in the private sector, including:

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?

Several private-sector employers have adopted the ban-the-box policy before being mandated by law. Employers that have “banned the box” or removed barriers to job seekers with a criminal record include:

American Airlines,
Busboys and Poets,
The Coca-Cola Company,
Facebook,
Georgia Pacific,
Google,
Greyston Bakery,
The Hershey Company,
The Johns Hopkins Hospital and Health System,
Koch Industries,
Libra Group,
PepsiCo,
Prudential,
Starbucks,
Uber,
Under Armour/Plank Industries,
Unilever, and
Xerox.

Other companies that are hiring people with criminal records include:

Target,
McDonalds, and
Apple Inc.

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

Here are some of the advantages that the ‘ban the box’ law brings for both job applicants and employers:

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.

There are also some unintended consequences of banning the box, such as:

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 that 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, since about two-thirds (67.8%) of prisoners released from 2005 to 2010 in 30 states were arrested for a new crime within 3 years, it could be understandable for employers to prefer hiring individuals who won’t be arrested or convicted again.

‘Ban the box’ laws by state conclusion and disclaimer

We hope that the information we’ve provided in this ‘ban the box’ state guide has been useful. If you have any additional questions, feel free to use the official links we’ve added at the end of this guide for more information.

Please note that this guide was updated and checked in Q1 2024, so any upcoming changes related to the ‘ban the box’ laws may not be included in this guide.

We strongly advise contacting the relevant institutions and/or certified representatives before pursuing any legal actions.

Clockify is not responsible for any losses or risks incurred should this guide be used without further guidance from legal or tax advisors.

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Sources for the tables:

‘Ban the box’ Laws by State Guide for 2024