'Ban the Box' laws by state: What employers need to know

Did you know that nearly one-third of American adults have some type of criminal record by age 23? The fact that so many Americans have been arrested would make it nearly impossible (or at least very difficult) to find a job.

Nevertheless, 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.

Table of Contents

What are ‘ban the box’ laws?

‘Ban the box’ is a federal policy under the Fair Chance Act that 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.

Simply put, ‘ban the box’ law bars federal employers from asking questions related to criminal convictions and arrests on the initial job application or advertisement.

Apart from federal regulations, several states and counties have also introduced policies that prevent employers from inquiring into employees’ criminal history before the following conditions have been met:

The initial job interview has been conducted,
A conditional or final job offer has been made,
The job applicant has been selected for hire or as a finalist,
The job applicant has been determined as a preliminary candidate,
The employer has determined that the job applicant meets the minimum qualifications,
The final in-person interview has taken place, or
The hiring process is completed.

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

Cities and states with ‘ban the box’ laws

As you can see from the table below, 37 US states have introduced the ‘ban the box’ policy in the public sector, with additional restrictions at the city and county levels. In the private sector, however, only 15 states have a ‘ban the box’ law in place.

Apart from the fact that the type of employment (private vs. public) determines whether an employer is liable to the ‘ban the box’ laws, there are several other factors that might impact whether or not an employer is allowed to conduct a criminal background check, including:

The nature of the job, and job duties,
The location of hiring (e.g., state, city, or county),
The industry (e.g., education, healthcare, childcare have different regulations),
The type and severity of the offense, and
The age of an individual at the time of conviction.

With that in line, the table below will help you:

Get an insight into ‘ban the box’ states, cities, and counties,
Learn which type of employers (public, private-sector employers, or vendors) are liable to the ‘ban the box’ law, and
Find out when employers might ask criminal record-related questions.

State	Municipality/County	Public-sector employers	Private-sector employers	Vendors/Contractors	When employers may ask
Alabama (Local law)	Birmingham, AL	✅	❌	❌	After the initial job application or a conditional job offer has been made.
Arizona (State policy)		✅	❌	❌	– After the submission of a job application and the initial interview. – Applies to public sector employers in the state’s executive branch.
	Coconino County, AZ	✅	❌	❌	Questions related to the job applicant’s criminal history have been removed from initial job applications.
	Glendale, AZ	✅	❌	❌	After a conditional job offer has been made.
	Maricopa County, AZ	✅	❌	❌	After a conditional job offer has been made.
	Phoenix, AZ	✅	❌	❌	After the job applicant is selected as a finalist for the position.
	Pima County, AZ	✅	❌	❌	Later in the hiring process, but not in the job application.
	Tempe, AZ	✅	❌	❌	After the completion of the first interview or after the job applicant has been selected as the finalist for the position.
	Tucson, AZ	✅	❌	❌	After a conditional job offer has been made.
Arkansas (Local law)	Pulaski County, AR	✅	❌	❌	After a conditional job offer has been made.
	Pine Bluff	✅	❌	❌	Employers are prohibited from inquiring into an applicant’s criminal history on an initial job application.
California (State law)		✅	✅	❌	– After a conditional job offer has been made. – The law applies to private and public employers with at least 5 employees.
	Alameda County, CA	✅	❌	❌	– Disclosure of criminal history information is only allowed after the last step of the examination process. – Only after a conditional job offer has been met may candidates be subject to fingerprinting for background checks.
	Berkeley, CA	✅	❌	❌	After a conditional job offer has been made.
	Carson, CA	✅	❌	❌	After a conditional job offer has been made.
	Compton, CA	✅	❌	✅	After a conditional job offer has been made.
	East Palo Alto, CA	✅	❌	❌	After the job applicant is selected as a finalist for the position.
	Los Angeles, CA	✅	✅	✅	After a conditional job offer has been made.
	Oakland, CA	✅	❌	❌	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.
	Richmond, CA	✅	❌	✅	– The employer is prohibited from asking about an applicant’s criminal history at any time unless mandated by State or Federal law or if the job position is considered sensitive. – Applies to companies with more than 10 employees who do business with the city, as well as their subcontractors.
	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 Francisco, CA	✅	✅	✅	– After a conditional job offer has been made. – Applies to employers with at least 5 employees.
	Santa Clara County, CA	✅	❌	❌	After the job applicant has been selected for an interview.
Colorado (State law)		✅	✅	✅	– At any time after the initial job application. – Applies to employers with 11+ employees.
	Denver, CO	✅	❌	❌	After a conditional job offer has been made.
Connecticut (State law)		✅	✅	✅	At any time after the initial job application.
	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).
	Hartford, CT	✅	❌	✅	After a conditional job offer has been made.
	New Haven, CT	✅	❌	✅	After a conditional job offer has been made.
	Norwich, CT	✅	❌	❌	After a conditional job offer has been made.
Delaware (State law)		✅	❌	❌	After the completion of the first interview.
	New Castle County, DE	✅	❌	❌	After a conditional job offer has been made.
	Wilmington, DE	✅	❌	❌	After a conditional job offer has been made.
District of Columbia (Washington D.C.) (law)		✅	✅	✅	– After a conditional job offer has been made. – Applies to all employers with 11 or more employees.
Florida (Local law)	Broward County, FL	✅	❌	❌	After the job applicant has been selected as a finalist for the position.
	Clearwater, FL	✅	❌	❌	After the city has determined qualified candidates.
	Daytona Beach, FL	✅	❌	❌	Once the city is interested in hiring the job applicant.
	Fort Myers, FL	✅	❌	❌	Later in the hiring process.
	Gainesville, FL	✅	❌	❌	City commissioners removed the criminal history inquiry from the city’s job application.
	Jacksonville, FL	✅	❌	❌	After the job applicant has been selected for hire.
	Miami-Dade County, FL	✅	❌	❌	After a conditional job offer has been made.
	Orlando, FL	✅	❌	❌	After a conditional job offer has been made.
	Pompano Beach, FL	✅	❌	❌	After the initial job interview.
	St. Petersburg, FL	✅	❌	❌	The city prohibited inquiring about a criminal record for city job applicants.
	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.
	Tallahassee, FL	✅	❌	❌	After the city selects the top candidates.
	Sarasota, FL	✅	❌	❌	After the job applicant has been selected as a finalist for the position.
Georgia (State policy)		✅	❌	❌	After the initial stage of the state job application process.
	Albany, GA	✅	❌	❌	Once the job applicant has been selected for an interview.
	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.
	Cherokee County, GA	✅	❌	❌	After the initial interview.
	Columbus, GA	✅	❌	❌	After completion of the hiring process.
	Fulton County, GA	✅	❌	❌	– After the job applicant has been selected for an interview. – Applies only to public-sector employers in the state’s executive branch.
	Macon-Bibb County, GA	✅	❌	❌	– Questions related to the job applicant’s criminal history have been removed from the county job application process. – However, background checks are still required for all job applicants if considered for employment.
	Savannah, GA	✅	❌	❌	After the job applicant has been determined as a preliminary candidate for the position.
	South Fulton, GA	✅	❌	✅	After the job applicant has been interviewed or once the city has determined the applicant is qualified for the position.
Hawaii (State law)		✅	✅	✅	After a conditional job offer has been made.
Illinois (State law)		✅	✅	✅	– 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.
	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.
Indiana (State policy)		✅	❌	❌	– At a later point in the application and hiring process. – Applies only to public-sector positions in the state’s executive branch.
	Indianapolis, IN	✅	❌	✅	After the first interview.
Iowa (Local law)	Des Moines	✅	❌	❌	After a conditional job offer has been made.
	Johnson County, IA	✅	❌	❌	After a conditional job offer has been made.
	Linn County, IA	✅	❌	❌	After the job applicant has been selected for an interview.
	Waterloo, IA	✅	✅	✅	– After a conditional job offer has been made. – Applies to private and city employers with 15 or more employees.
Kansas (State policy)		✅	❌	❌	– After the initial stage of job application. – Applies only for public-sector employers in the state’s executive branch.
	Johnson County, KS	✅	❌	❌	After a conditional job offer has been made.
	Kansas City, KS	✅	❌	❌	After the job applicant has been determined qualified and interviewed for the position.
	Topeka, KS	✅	❌	❌	After a conditional job offer has been made.
Kentucky (State policy)		✅	❌	❌	Criminal history related questions are prohibited during the pre-screening stage of the hiring process.
	Louisville, KY	✅	❌	✅	After the job applicant has been determined qualified for the position.
Louisiana (State law)		✅	❌	❌	After the initial job interview or once a conditional job offer has been made.
	Baton Rouge, LA	✅	❌	❌	Questions related to criminal history in the city job application are prohibited, except for sensitive positions.
	New Orleans, LA	✅	❌	✅	After the job applicant has been interviewed and has been determined qualified for the position.
Maine (State law)		✅	✅	✅	– For state government jobs, asking questions about criminal history on applications is prohibited, except for sensitive occupations. – For private-sector jobs, after the initial interview or once the job applicant has been determined qualified for the position.
Maryland (State law)		✅	✅	✅	– 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.
	Baltimore, MD	✅	✅	✅	– After a conditional job offer has been made. – Applies to all employers with 10 or more employees.
	Montgomery County, MD	✅	✅	✅	– After the completion of the initial job interview. – Applies to employers in the county with 15 or more full-time employees.
	Prince George’s County, MD	✅	✅	✅	After the initial job interview.
Massachusetts (State law)		✅	✅	✅	Employers are prohibited from asking about the applicant’s criminal history (unless there is a legal restriction for a specific job or occupation).
	Boston, MA	✅	✅	✅	Background checks are only required for sensitive positions.
	Cambridge, MA	✅	❌	✅	After the job applicant has been determined qualified for the position.
	Worcester, MA	✅	❌	✅	Background checks may only be done when mandated by law, or when the city or vendor has determined that the job position is sensitive.
Michigan (State policy)		✅	❌	❌	During the initial interview stage of the hiring process.
	Ann Arbor, MI	✅	❌	❌	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.
	East Lansing, MI	✅	❌	❌	Criminal history related questions are prohibited during the pre-screening stage of the hiring process.
	Genesee County, MI	✅	❌	❌	After a conditional job offer has been made.
	Grand Rapids, MI	✅	❌	❌	Criminal history related questions are prohibited during the hiring process.
	Kalamazoo, MI	✅	❌	✅	Criminal history related questions are prohibited on job applications.
	Muskegon County, MI	✅	❌	❌	Criminal history related questions are prohibited on job applications unless required by local, state, or federal law.
	Oakland County, MI	✅	❌	❌	After the job applicant has been interviewed or has been determined qualified for the job.
	Ypsilanti, MI	✅	✅	❌	Criminal history related questions are prohibited on job applications unless the applicant’s conviction would create an unreasonable risk to property or safety.
Minnesota (State law)		✅	✅	✅	After the job applicant has been selected for an interview or once a conditional job offer has been made.
	Minneapolis, MN	✅	❌	❌	After the job applicant has been determined qualified for the position.
	St. Paul, MN	✅	❌	❌	After the job applicant has been determined qualified for the position.
Missouri (State policy)		✅	❌	❌	– Questions related to the job applicant’s criminal history have been removed from initial job applications (except for sensitive positions). – Applies only to public-sector employers in the state’s executive branch.
	Columbia, MO	✅	✅	✅	After a conditional job offer has been made.
	Jackson County, MO	✅	❌	❌	Questions related to the job applicant’s criminal history have been removed from initial job application forms.
	Kansas City, MO	✅	✅	✅	After the job applicant has been determined qualified and interviewed for the position.
	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.
Nebraska (State law)		✅	❌	❌	After the employer has determined the job applicant meets the minimum job requirements.
Nevada (State law)		✅	❌	❌	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.
	North Las Vegas	✅	❌	❌	During the initial interview.
New Hampshire (State law)		✅	❌	❌	After the initial job interview.
New Jersey (State law)		✅	✅	✅	– After the initial job interview. – Applies to all employers with at least 15 employees.
	Atlantic City, NJ	✅	❌	✅	– After a conditional job offer has been made. – Applies to all public and private employers with 15 or more employees.
	Newark, NJ	✅	✅	✅	– After a conditional job offer has been made. – Applies to all public and private employers with 15 or more employees.
New Mexico (State law)		✅	✅	✅	After the job applicant has been selected as a finalist in the hiring process.
New York (State policy)		✅	❌	❌	Once the state agency has interviewed the job applicant and is interested in hiring them.
	Albany County, NY	✅	❌	❌	After a conditional job offer has been made.
	Buffalo, NY	✅	✅	✅	After a job application has been submitted, but not before the initial interview.
	Dutchess County, NY	✅	❌	❌	Questions related to the job applicant’s criminal history have been removed from all exams, recruitment stages, and job application forms.
	Ithaca, NY	✅	❌	❌	After the job applicant has been selected as a finalist for the position.
	Kingston, NY	✅	❌	❌	During the job interview.
	Newburgh, NY	✅	❌	❌	During the job interview.
	New York City, NY	✅	✅	✅	– After a conditional job offer has been made. – Applies to public and private employers with more than 4 employees.
	Rochester, NY	✅	✅	✅	After the initial job interview.
	Suffolk County, NY	✅	✅	✅	After the initial job interview.
	Syracuse, NY	✅	❌	✅	After a conditional job offer has been made.
	Tompkins County, NY	✅	❌	❌	Later in the hiring process.
	Ulster County, NY	✅	❌	❌	After the initial job interview.
	Westchester County, NY	✅	✅	✅	Questions related to the job applicant’s criminal history have been removed from initial job application forms.
	Woodstock, NY	✅	❌	❌	Questions related to the job applicant’s criminal history have been removed from initial job application forms.
	Yonkers, NY	✅	❌	❌	Questions related to the job applicant’s criminal history have been removed from initial job application forms.
North Carolina (State policy)		✅	❌	❌	– After the initial job interview. – The policy applies to government employees working under the governor’s authority.
	Asheville, NC	✅	❌	❌	Questions related to the job applicant’s criminal history have been removed from initial job application forms (except for some sensitive positions).
	Buncombe County, NC	✅	❌	❌	Questions related to the job applicant’s criminal history have been removed from initial job application forms.
	Carrboro, NC	✅	❌	❌	Questions related to the job applicant’s criminal history have been removed from initial job application forms.
	Charlotte, NC	✅	❌	❌	Questions related to the job applicant’s criminal history have been removed from initial job application forms.
	Cumberland County, NC	✅	❌	❌	Questions related to the job applicant’s criminal history have been removed from initial job application forms.
	Durham City, NC	✅	❌	❌	After a conditional job offer has been made.
	Durham County, NC	✅	❌	❌	After the job applicant has been selected for hire.
	Forsyth County, NC	✅	❌	❌	Questions related to the job applicant’s criminal history have been removed from initial job application forms.
	Mecklenburg County, NC	✅	❌	❌	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 Hanover County, NC	✅	❌	❌	After the job applicant has been selected as a finalist for the position.
	Spring Lake, NC	✅	❌	❌	The town may review a job applicant’s criminal history on a case-by-case basis.
	Wake County, NC	✅	❌	❌	After the job applicant has been selected as a finalist for the position.
	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.
North Dakota (State law)		✅	❌	❌	– After the job applicant has been selected for an interview. – Applies only to public sector employers and does not include school districts.
Ohio (State law)		✅	❌	❌	Questions related to the job applicant’s criminal history have been removed from initial job application forms.
	Alliance, OH	✅	❌	❌	Background checks may only be required for public safety positions and for positions where the job applicant would be in direct contact with money, once the finalists for the position have been selected.
	Akron, OH	✅	❌	❌	Questions related to the job applicant’s criminal history have been removed from initial job application forms.
	Alliance, OH	✅	❌	❌	– Applicants to non safety-sensitive positions may not be subject to background checks. – Only when job applicants are certified for an interview may they be subject to a background check.
	Canton, OH	✅	❌	❌	After the job applicant has been determined qualified for the position.
	Cincinnati, OH	✅	❌	❌	After a conditional job offer has been made.
	Cleveland, OH	✅	❌	❌	After the job applicant has been selected as a finalist for the position.
	Cuyahoga County, OH	✅	❌	❌	After a conditional job offer has been made.
	Dayton, OH	✅	❌	❌	The city may perform a background check before the job applicants list is sent to the hiring department, but after the list has been narrowed.
	Franklin County, OH	✅	❌	❌	After a conditional job offer has been made.
	Hamilton County, OH	✅	❌	❌	After a conditional job offer has been made.
	Lucas County, OH	✅	❌	❌	After the job applicant has been selected as a finalist for the position.
	Massillon, OH	✅	❌	❌	After the city has determined the best candidates for the position.
	Newark, OH	✅	❌	❌	Questions related to the job applicant’s criminal history have been removed from initial job application forms.
	Stark County, OH	✅	❌	❌	Questions related to the job applicant’s criminal history have been removed from initial job application forms and employee handbooks.
	Summit County, OH	✅	❌	❌	Background checks are only required for security-sensitive positions and are performed after the initial interview.
	Warren, OH	✅	❌	❌	After a conditional job offer has been made.
	Youngstown, OH	✅	❌	❌	After a conditional job offer has been made.
Oklahoma (State policy)		✅	❌	❌	Questions related to the job applicant’s criminal history have been removed from initial job application forms (except for sensitive government positions).
Oregon (State law)		✅	✅	✅	– After the initial job interview. – Applies only to public-sector employers employing for non-civil service positions under the governor’s jurisdiction.
	Multnomah County, OR	✅	❌	❌	At a later stage of the hiring process.
	Portland, OR	✅	✅	✅	– After a conditional job offer has been made. – Applies to private employers with at least 6 employees as well as city employers, except law enforcement and criminal justice positions.
Pennsylvania (State policy)		✅	❌	❌	Questions related to the job applicant’s criminal history have been removed from initial job application forms.
	Allegheny County, PA	✅	❌	❌	After a conditional job offer has been made.
	Allentown, PA	✅	❌	❌	After a conditional job offer has been made.
	Beaver County, PA	✅	❌	❌	Except for public-safety-sensitive positions, the county may not ask about a job applicant’s criminal record until after the initial interview.
	Bethlehem, PA	✅	❌	❌	After the job applicant has been selected as a finalist for the position.
	Lancaster, PA	✅	❌	❌	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 (except for law enforcement or positions including contact with vulnerable populations).
	Philadelphia, PA	✅	✅	✅	After a conditional job offer has been made.
	Pittsburgh, PA	✅	❌	✅	Questions related to the job applicant’s criminal history have been removed from initial job application forms.
	Reading, PA	✅	❌	❌	After a conditional job offer has been made.
	York, PA	✅	❌	❌	Questions related to the job applicant’s criminal history have been removed from initial job application forms.
Rhode Island (State law)		✅	✅	✅	– After the initial job interview. – Applies to all public-sector employers and all private-sector employers with at least 4 employees.
	Providence, RI	✅	❌	❌	Once the employer has determined that the job applicant meets the minimum job criteria based on qualifications and ability.
South Carolina (Local law)	Aiken, SC	✅	❌	❌	After a conditional job offer has been made.
	Columbia, SC	✅	❌	❌	After a conditional job offer has been made.
	Richland County, SC	✅	❌	❌	After the job applicant has been selected for an interview.
	Spartanburg, SC	✅	❌	❌	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.
Tennessee (State law)		✅	❌	❌	Questions related to the job applicant’s criminal history have been removed from initial job application forms.
	Chattanooga, TN	✅	❌	❌	Only after a job application has been submitted.
	Hamilton County, TN	✅	❌	❌	After a conditional job offer has been made.
	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.
	Nashville, TN	✅	❌	❌	Questions related to the job applicant’s criminal history have been removed from initial job application forms.
	Shelby County, TN	✅	❌	❌	– After a conditional job offer has been made. – Applies to Shelby County government jobs.
Texas (Local law)	Austin, TX	✅	✅	✅	– After a conditional job offer has been made. – Applies to employers with at least 15 employees.
	Dallas County, TX	✅	❌	❌	Later in the hiring process.
	Desoto, TX	✅	✅	✅	Questions related to the job applicant’s criminal history have been removed from initial job application forms.
	San Antonio, TX	✅	❌	❌	After a conditional job offer has been made.
	Travis County, TX	✅	❌	❌	– After the job applicant has been selected for hire. – Applies to employers with at least 15 employees.
Utah (State law)		✅	❌	❌	After the initial job interview or if no interview is conducted, once a conditional job offer has been made.
Vermont (State law)		✅	✅	✅	During the initial interview or once the employer has determined that the job applicant is qualified for the position.
Virginia (State law)		✅	✅ *Applies to private employers not subject to federal laws.	❌	– After the initial job interview. – Applies to public-sector employers in the state’s executive branch.
	Alexandria, VA	✅	❌	❌	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 (except for public safety positions, but only after the initial interview). – All job applicants are subject to a background check confirming employment.
	Blacksburg, VA	✅	❌	❌	Once the job applicant has been selected as a finalist for the position.
	Charlottesville, VA	✅	❌	❌	Background checks are allowed only before making a final employment offer.
	Danville, VA	✅	❌	❌	After a conditional job offer has been made.
	Fairfax County, VA	✅	❌	❌	After a conditional job offer has been made.
	Fredericksburg, VA	✅	❌	❌	After a conditional job offer has been made.
	Harrisonburg, VA	✅	❌	❌	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.
	Montgomery County, VA	✅	❌	❌	Questions related to the job applicant’s criminal history have been removed from initial job application forms.
	Newport News, VA	✅	❌	❌	Questions related to the job applicant’s criminal history have been removed from initial job application forms (except for public safety, child welfare, and elder care positions).
	Norfolk, VA	✅	❌	❌	Questions related to the job applicant’s criminal history have been removed from initial job application forms (except for sensitive positions).
	Petersburg, VA	✅	❌	❌	After a conditional job offer has been made.
	Portsmouth, VA	✅	❌	❌	Questions related to the job applicant’s criminal history have been removed from initial job application forms.
	Prince William County, VA	✅	❌	❌	After the completion of the interview process.
	Richmond, VA	✅	❌	❌	Questions related to the job applicant’s criminal history have been removed from initial job application forms (except if mandated by federal or state law or for sensitive positions).
	Staunton, VA	✅	❌	❌	Interviewed job applicants may disclose their criminal history only after interviewing.
	Virginia Beach, VA	✅	❌	❌	After a conditional job offer has been made.
Washington (State law)		✅	✅	✅	After the employer has determined the job applicant meets the minimum job requirements and is qualified for the position.
	Pierce County, WA	✅	❌	❌	Only if the job applicant has been selected as a finalist for the position or after a conditional job offer has been made.
	Seattle, WA	✅	✅	✅	After the employer has determined qualified applicants.
	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.
	Spokane County, WA	✅	❌	❌	After the job applicant has been determined qualified for the position.
	Tacoma, WA	✅	❌	❌	After completion of the hiring process.
Wisconsin (State law)		✅	❌	❌	After the employer has determined that a job applicant is certified for the position.
	Dane County, WI	✅	❌	❌	Questions related to the job applicant’s criminal history have been removed from initial job application forms.
	Madison, WI	✅	❌	✅	After a conditional job offer has been made.
	Milwaukee, WI	✅	❌	❌	Background checks are only allowed when the job applicant has been considered eligible for the position.
	Milwaukee County, WI	✅	❌	❌	Questions related to the job applicant’s criminal history have been removed from initial job application forms.

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 37 US states (including the District of Columbia) and 150 cities and counties.

However, only 15 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,
Hawaii,
Illinois,
Maine,
Maryland,
Massachusetts,
Minnesota,
New Jersey,
New Mexico,
Oregon,
Rhode Island,
Vermont, and
Washington.

Currently, only 22 counties have extended the law to private-sector employers, including:

Austin, Baltimore, Buffalo, Chicago, Columbia (MO),
DeSoto (TX),
The District of Columbia,
Kansas City (MO),
Los Angeles (CA),
Montgomery County (MD),
New York City, Philadelphia, Portland (OR),
Prince George’s County (MD),
Rochester, San Francisco, Seattle, Spokane (WA),
St. Louis, Suffolk County (NY), and
Waterloo (IA), and Westchester County (NY).

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 written in Q2 2023, 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.

Sources for the tables:

‘Ban the box’ laws by state — Guide for 2023