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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