Ban the Box Laws by State

What Ban the Box Actually Means

Ban the box laws prohibit employers from asking about criminal history on initial job applications — that checkbox asking "Have you ever been convicted of a felony?" gets removed. These laws don't prevent employers from running background checks entirely. They delay the inquiry until later in the hiring process, typically after a conditional job offer or at least after an initial interview.

The rationale is straightforward: research shows that applicants with criminal records who get a chance to demonstrate their qualifications in person are significantly more likely to advance in the process than those screened out by a checkbox before a human ever reviews their application.

Federal Law

The Fair Chance to Compete for Jobs Act applies to all federal agencies and federal contractors. Under final OPM regulations effective October 2, 2023, these employers cannot inquire about criminal history before extending a conditional offer of employment, unless a statutory security exception applies (positions requiring security clearances, law enforcement roles, and similar). Applicants who experience a violation can file an administrative complaint within 30 days.

State-by-State Coverage

More than 37 states plus Washington, D.C. have some form of ban-the-box or fair chance law. The scope varies dramatically — some cover only public employers, others extend to private companies, and the triggers for when the inquiry can happen differ by state.

States Covering Private Employers

These states restrict when private-sector employers can ask about criminal history:

• California — employers with 5+ employees cannot ask until after a conditional offer; individualized assessment required before adverse action
• Colorado — employers with 11+ employees; inquiry delayed until after interview or conditional offer
• Connecticut — all employers; inquiry prohibited on initial application
• Hawaii — all employers; conditional offer required first (with exceptions for certain sensitive positions)
• Illinois — all employers; cannot inquire until applicant is notified they've been selected for an interview
• Massachusetts — all employers; cannot ask on application
• Minnesota — all employers; cannot inquire until after interview or conditional offer
• New Jersey — employers with 15+ employees; inquiry delayed until after first interview
• New York — all employers; cannot inquire until after conditional offer (statewide under Article 23-A plus NYC Fair Chance Act)
• Oregon — employers with 6+ employees in Portland; statewide ban on application-stage inquiries
• Rhode Island — all employers
• Vermont — all employers; cannot ask on application
• Washington — employers with 15+ employees as of July 1, 2026; expanding to all employers January 1, 2027 (under HB 1747)

States Covering Only Public Employers

Many states limit the restriction to government jobs — state agencies, counties, and municipalities. This includes Georgia, Indiana, Kentucky, Louisiana, Maryland, Missouri, Nebraska, Nevada, New Mexico, North Carolina, Ohio, Oklahoma, Pennsylvania, Tennessee, Utah, Virginia, and Wisconsin, among others. If you're applying to a private employer in one of these states, there's no state-level ban-the-box protection (though some cities have their own ordinances).

What These Laws Don't Do

Ban the box laws don't prevent employers from ever learning about your record. They change the timing. Once you pass the initial application stage, most employers can still:

• Run a criminal background check (with your written consent under the FCRA)
• Consider conviction history using an individualized assessment (weighing the nature of the offense, time elapsed, and relevance to the job)
• Deny employment based on certain convictions — if the decision uses a CRA report, they must follow the FCRA's pre-adverse action notice process

The EEOC's Title VII enforcement guidance reinforces that blanket disqualification policies based on criminal records disproportionately impact Black and Hispanic applicants and may violate federal anti-discrimination law. Employers are expected to conduct case-by-case assessments.

Why Knowing Your Record Matters More Under Fair Chance Laws

Fair chance laws give you a window between the conditional offer and the background check where preparation matters most. If you've already pulled your own records — your FBI Identity History Summary, state repository report, and file disclosures from commercial CRAs — you know exactly what the employer will see. You can prepare an explanation, gather documentation of rehabilitation, and have certified court dispositions ready for any entries that need context.

The Get Your Own Criminal Record toolkit covers the full record-gathering process so you're not scrambling to respond during that narrow review window.