Ban the Box Laws

Ban the Box Laws

Ban the Box Laws: By States and Cities and Counties

Here’s a quick snap shot of the U.S. and which states have banned the box. For a deeper dive into criminal background check laws by state, check out the chart below.

"Ban the Box" refers to a movement aimed at removing the checkbox on job applications that asks about an applicant's criminal history. The intention is to give ex-offenders a fair chance at employment by delaying inquiries about their criminal record until later in the hiring process. However, please note that laws and regulations are subject to change, and it's essential to verify the current status of these laws. Below is a simplified chart illustrating the differences in states that have implemented Ban the Box laws as of September 2021:

It's worth noting that some states have Ban the Box laws that only apply to certain employers or have additional restrictions. Moreover, there may have been updates or changes in the laws since my last update. For the most current and detailed information, I recommend checking official government websites or legal resources.

 

State Municipality Covered Employers Notes 
Alaska

No Law

Alabama

No Law

Arizona  No Law  
Arkansas  No Law  
California  Employers with 5+ employees  No criminal background check until after a job offer (See recent FAQs)  
 Compton  Contractors doing business with Compton  No criminal background check until after a job offer  
 Los Angeles  Any employer with 10+ employees  No criminal background check until after a job offer  
 Richmond  Private sector employers with 10+ employees that have contracts with Richmond regardless of where employer is based   
 San Francisco  Employers with 5+ employees  No criminal background check until after a job offer  
Colorado  Effective 9/1/19 for employers with 11+ employees; effective on or after 9/1/21 for all employers  
Connecticut  All employers No criminal history question on job applications with some exceptions  
 Hartford  Contractors doing business with Hartford  No background check until after job offer  
 New Haven  Contractors doing business with New Haven  No background check until after job offer  
Delaware  No Law  
District of Columbia  Employers with 11+ employees No background check until after job offer 
Florida  No Law  
Georgia  All employers  No background check until after job offer. Then – the applicant must be provided with the opportunity to dispute the information in their history. Additionally, citizens have the right to expunge misdemeanors and non-violent felonies four years after a sentence is complete.
Hawaii  All private employers No criminal background check until after job offer. Then, employers may only inquire about felony convictions within the past seven years and five years misdemeanors, excluding periods of incarceration. 
Idaho  No Law  
Illinois  Private employers with 15+ employees No criminal background check before job interview, or until after job offer if no interview. Job applicants can only be disqualified if a conviction has a “substantial relationship” to the position.  
 Chicago  Private employers with fewer than 15 employees  No criminal background check before job interview, or until after job offer if no interview  
 Cook County  Private employers with fewer than 15 employees  No criminal background check before job interview, or until after job offer if no interview  
Indiana  No Law  
 Indianapolis  Contractors doing business with Indianapolis  Criminal history questions only after first interview  
Iowa  No Law  
 Waterloo Employers with 15 employees or more No criminal background check or inquiry until after a conditional offer of employment. Employers prohibited from considering criminal records including arrests and pending cases; and rejecting candidates with criminal records outside of a legitimate business reason.  
Kansas  No Law  
Kentucky  No Law   
 Louisville  Contractors doing business with Louisville  City may end contracts with companies that do not ban the box  
Louisiana  No Law  
 New Orleans  Contractors doing business with New Orleans  No criminal history questions on job applications  
Maine  All employers No criminal history inquiries on applications or advertisements that a person with a criminal history may not apply. 
Maryland  No Law  
 Baltimore  Employers with 10+ employees  No background check until after job offer  
 Montgomery County  Employers with 15+ employees  No criminal history questions or checks until after first interview  
 Prince George’s County  Employers with 25+ full-time employees  No criminal history questions or checks until after first interview  
Massachusetts  All private employers  No criminal history questions on application. Also bans questions about certain types of crimes later in the hiring process.  
 Boston  Contractors/vendors doing business with Boston   
 Cambridge  Contractors/vendors doing business with Cambridge   
 Worcester  Contractors/vendors doing business with Worcester   
Michigan  Employers with 15+ employees   
 Detroit  Contractors doing business with Detroit when contract is $25,000+  No questions about criminal convictions until interview or qualification  
 Kalamazoo  Contractors doing business with Kalamazoo when contract is $25,000+ or those seeking tax abatement  Must commit to not use criminal history to discriminate  
Minnesota  All private employers No criminal history inquiries on job application with limited exceptions  
Mississippi  No Law  
Missouri  No Law   
 Columbia  All employers in Columbia  No criminal history check until after conditional job offer  
 Kansas City  Private employers with six+ employees  No criminal history check until after job interview  
 St. Louis  Private employers with 10+ employees  No criminal history check until after job interview. When making hiring and promotion decisions based on criminal record, employers must demonstrate that decision is based on all available information. Hiring forms and job advertisements mustn’t exclude applicants based on criminal history. 
Montana  No Law  
Nebraska  No Law  
Nevada  No Law  
New Hampshire  No Law  
New Jersey  Employers with 15+ employees over 20 calendar weeks  Preempts local laws  
New Mexico  All private employers Can consider a conviction after reviewing an application and discussing employment with the applicant  
New York  No Law  
 Buffalo  Private employers with 15+ employees/contractors doing business with Buffalo  No criminal history questions on job applications  
 New York City  All employers with 4+ employees  No criminal background check prior to conditional job offer. On July 29, 2021, Fair Chance legislation will be extended to current employees.    
 Rochester  All employers with 4+ employees and contractors doing business with Rochester  Criminal background check only after initial job interview or conditional job offer  
 Syracuse  City contractors  No background checks until after conditional job offer  
North Carolina  No Law  
North Dakota  No Law  
Ohio  No Law   
Oklahoma  No Law  
Oregon  All private employers  Illegal to exclude applicant from an interview solely due to past criminal conviction  
 Portland  Employers with 6+ employees  No criminal background check prior to conditional job offer  
Pennsylvania  No Law   
 Philadelphia  All employers with at least one employee in Philadelphia  No criminal background check prior to conditional job offer. (As of April 1, 2021, protections are extended to gig workers and independent contractors.)    
 Pittsburgh  Contractors/vendors doing business with Pittsburgh  No criminal history check before applicant is deemed otherwise qualified  
Rhode Island  Employers with 4+ employees No criminal background check on job applications  
South Carolina  No Law  
South Dakota  No Law  
Tennessee  No Law  
Texas  No Law  
 Austin  Employers with 15+ employees  No criminal background check prior to conditional job offer  
Utah  No Law  
Vermont  All private employers  No criminal history questions on job application  
Virginia No Law   
Washington  All private employers No criminal history check before applicant is deemed otherwise qualified  
 Seattle  All employers with 1+ employees  Must have a legitimate business reason to automatically exclude applicants with arrest or conviction records  
 Spokane  All private employers  No criminal history questions before a job interview  
West Virginia  No Law   
Wisconsin  No Law  
 Madison  Contractors doing business with Madison on contracts worth $25,000+  No criminal history questions or background checks until after conditional job offer  
Wyoming  No Law  


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