Employers must understand any ban-the-box laws that might apply during the hiring process.
State, local, and federal laws might restrict when employers can ask for criminal history information or perform background checks.
In this guide, our background check experts have compiled an overview of ban-the-box laws and the states, counties, and cities that have implemented them.
Key Takeways
- Ban-the-box laws restrict when employers can inquire about criminal history information during the hiring process.
- These laws are meant to give people with criminal records a fair chance at employment.
- There are federal, state, and local laws that ban the box
What is a Ban-the-Box Law?
A ban-the-box law controls when an employer can ask about criminal convictions in the hiring process.
The ban-the-box movement arose because of the difficulties people with criminal records have with obtaining employment.
Knowing whether these laws apply to you is important to avoid potential penalties, fines, and civil litigation.
Federal Ban-the-Box Initiatives
Fair Chance to Compete for Jobs Act
In 2019, former President Donald Trump signed a Defense Omnibus Bill that included the Fair Chance to Compete for Jobs Act (FCA) as an amendment.
This is a federal ban-the-box law that applies to federal agencies and federal contractors.
Private companies that seek federal contracts must wait to complete criminal background checks until after they have made conditional employment offers.
Federal agencies can’t extend federal contracts to companies that fail to comply with the FCA.
EEOC Guidance
The Equal Employment Opportunity Commission (EEOC) is the federal agency that enforces regulations under Title VII of the Civil Rights Act of 1964 and other anti-discrimination laws.
The agency has issued guidance for employers on how they should handle criminal conviction information revealed on background checks.
Among many requirements, before you decide not to hire an applicant because of a criminal conviction, you must weigh the conviction as it relates to the job’s duties and workplace safety concerns.
State and Local Laws
State and local ban-the-box laws as of 2025 are summarized below:
| State | City or County | Year Law Enacted | Scope of law | Citation | Key Provisions |
| Alabama | No statewide ban-the-box law | ||||
| Birmingham | 2016 | Public employers | Feb. 4, 2016 executive order | No criminal history questions on job applications; Convictions cannot be used as an automatic bar to employment; Applicant has the right to appeal denial of employment and contest record content | |
| Alaska | No statewide ban-the-box law | ||||
| Arizona | 2017 | Public employers | Arizona Exec. Order No. 2017-07 | No criminal history questions on job applications; No criminal history inquiries until after the initial interview; Positions for which state or federal laws otherwise preclude employment based on convictions exempt | |
| Glendale | 2015 | Public employers | Administrative decision | No criminal history questions on job applications; No criminal history inquiries or background checks until a conditional employment offer is made; Cannot inquire about or consider convictions older than 7 years | |
| Maricopa County | 2017 | Public employers | Maricopa County HR2435 | No criminal history questions on job applications (certain positions exempt); Background checks only after a conditional employment offer is made; Employers must comply with FCRA requirements even if a background check is conducted internally when making adverse hiring decisions | |
| Phoenix | 2016 | Public employers | Phoenix A.R. 2.81 revised | No criminal history questions on job applications; Background checks only after a conditional employment offer is made; Cannot inquire about or consider convictions older than 7 years | |
| Pima County | 2015 | Public employers | Resolution 2015-80 | No criminal history questions on job applications; Background checks conducted later in the hiring process (certain positions exempt) | |
| Tempe | 2016 | Public employers | Tempe Personnel Rule 3 Sect. 301(F) | No criminal history inquiries until after the initial interview and applicant has been selected as a finalist; Applicants selected as finalists must complete a criminal history questionnaire; Fingerprint-based background check only after the candidate accepts employment offer | |
| Tucson | 2015 | Public employers | Resolution 22373 | No criminal history questions on job applications; Background checks only after a conditional employment offer is made | |
| Arkansas | No statewide ban-the-box law | ||||
| Pulaski County | 2016 | Public employers | County Ordinance 16-1-29A | No criminal history questions on job applications; Background checks only after a conditional employment offer is made | |
| California | 2017 | Public employers, Private employers with 5+ employees | 2017 Cal. AB 1008 (Fair Chance Act) | Criminal history inquiries and background checks only after a conditional employment offer is made; EEOC individualized assessment incorporated; Applicant has the right to appeal denial of employment | |
| Alameda County | 2006 | Public employers | Resolution No. 2006-389 | No criminal history questions on job applications; No criminal history inquiries until the final examination stage; No fingerprint-based background checks until a conditional employment offer is made; EEOC individualized assessment incorporated | |
| Berkeley | 2008 | Public employers | Berkeley Hiring Policy Memo (Nov. 17, 2008) | Background checks only after a conditional employment offer is made; Background checks only required for certain positions; EEOC individualized assessment incorporated | |
| Carson | 2012 | Public employers | Carson Resolution 12-022 | Background checks only after a conditional employment offer is made; EEOC individualized assessment incorporated | |
| Compton | 2011 | Public employers and contractors | Compton Resolution April 5, 2011 | Background checks only after a conditional employment offer is made; EEOC individualized assessment incorporated | |
| East Palo Alto | 2011 | Public employers | East Palo Alto administrative policy | No criminal history inquiries until the applicant is selected as a finalist | |
| Los Angeles City | 2016 | Public employers and contractors, Private employers with 10+ employees (some exceptions) | Los Angeles Fair Chance Initiative for Hiring | No criminal history inquiries until after a conditional job offer is made; EEOC individualized assessment incorporated; If employment is withdrawn based on an applicant’s criminal history, an applicant has the right to appeal through the Fair Chance Process | |
| Los Angeles County | 2024 (most recent) | Public employers and vendors, Private employers | Ordinance No. 2024-012 | Background checks only after a conditional job offer is made; Employers must include a statement in recruiting materials that applicants with criminal histories will be considered; Employers must specifically list each job duty the employer believes a conviction will impact when using conviction records to make an adverse hiring decision | |
| Oakland | 2007 | Public employers | City Administration hiring policy | Background checks only required for certain positions and only conducted after a conditional job offer is made; EEOC individualized assessment is incorporated; Applicant has right to appeal denial of employment | |
| Pasadena | 2013 | Public employers | Administrative policy | No criminal history questions on job applications | |
| Richmond | 2013 | Public employers and contractors/subcontractors with 10+ employees | ORDINANCE NO. 14-13 N. S. | No criminal history questions on job applications; EEOC individualized assessment incorporated | |
| Sacramento | 2016 | Public contractors with 20+ employees and contracts of $100,000+ | City Ordinance No. 2016-0036 | No criminal history inquiries until after determining applicant meets the minimum qualifications for the position; City may terminate contract with a vendor for breach of this prohibition | |
| San Francisco | 2014 | Public employers (city and county), Private employers with 5+ employees, Affordable housing | Ordinance number 131192 | Public employers can conduct background checks only after the applicant is selected as a finalist; EEOC individualized assessment incorporated (jobs where state and local laws bar convictions exempt); Private employers can conduct criminal history inquiries and background checks only after a conditional employment offer is made | |
| Santa Clara County | 2012 | Public employers | Adoption by city | No criminal history questions on job applications; Background checks only after applicant is tentatively selected as a finalist; EEOC individualized assessment incorporated | |
| Colorado | 2012; 2019 | Public employers (2012), Private employers (2019) | HB 12-1263; HB 19-1025 | Public employers cannot conduct background checks until an applicant is deemed a finalist; EEOC individualized assessment incorporated; Private employers cannot inquire about criminal history on job applications but can obtain publicly available background reports at any time | |
| Denver | 2016 | Public employers | Executive Order No. 135 | Background checks only after a conditional employment offer is made; EEOC individualized assessment incorporated | |
| Connecticut | 2016 | Public employers and vendors, Private employers | HB 5237 | No criminal history questions on job applications; no inquiries about erased records at any point; Convictions for which applicant has received a provisional pardon/certificate of rehabilitation cannot be the sole basis for adverse hiring decisions | |
| Bridgeport | 2009 | Public employers | Resolution amending civil rules (Oct. 5, 2009) | EEOC individualized assessment incorporated; Applicant has a right to appeal denial of employment | |
| Hartford | 2009 | Public employers and contractors | Hartford City ban the box policy | Background checks only required for certain positions and only conducted after a conditional offer of employment is made; EEOC individualized assessment incorporated; Applicant has a right to appeal denial of employment | |
| New Haven | 2009 | Public employers and vendors/contractors | Ban the Box ordinance | Background checks only after a conditional employment offer is made; EEOC individualized assessment incorporated; Applicant has the right to appeal denial of employment | |
| Norwich | 2008 | Public employers, Private employers | Norwich Ordinance 16-11 | Background checks only after a conditional offer of employment is made; No criminal history questions on job applications | |
| Delaware | 2014 | Public employers | House Bill 167 (2014) | No criminal or credit background check until after the initial interview; EEOC individualized assessment incorporated (positions with a statutory mandate for background checks exempt) | |
| New Castle County | 2014 | Public employers | Executive order | Background checks only after a conditional employment offer is made | |
| Wilmington | 2013 | Public employers | Exec. Order 2013-3 | Background checks only after a conditional employment offer is made | |
| Florida | No statewide ban-the-box law | ||||
| Broward County | 2016 | Public employers | Broward County Code Sec. 26-125 | No criminal history questions on job applications; Background checks only after applicant is selected as a finalist; Must provide a copy of background check to the applicant; Applicant has the right to appeal denial of employment; EEOC individualized assessment incorporated | |
| Clearwater | 2013 | Public employers | Administrative policy | No criminal history inquiries until applicant is selected as a finalist; Criminal background checks required for all positions; EEOC individualized assessment incorporated | |
| Daytona Beach | 2015 | Public employers | Fair Chance Policy | No criminal history inquiries until the city has “expressed a desire to hire the individual” | |
| Fort Myers | 2015 | Public employers | Resolution No. 2015-61 | No felony conviction questions on job applications; Background checks conducted later in the hiring process; EEOC individualized assessment incorporated; Public safety positions exempt | |
| Gainesville | 2015; 2022 | Public employers (2015); Private employers with 15+ employees (2022) | City commission vote (2015); City of Gainesville Code of Ordinances, Chapter 14.5, Section 14.5-181 (2022) | Public employers cannot include criminal history questions on job applications; HR must individually assess criminal convictions as they relate to the job; Private employers cannot use language in advertisements that indicate people with convictions shouldn’t apply; No criminal history inquiries until a conditional employment offer is made; Cannot refuse to consider an applicant for failing to disclose criminal history | |
| Jacksonville | 2008 | Public employers | Ordinance | Background checks only after a conditional employment offer is made; EEOC individualized assessment incorporated; Applicant has the right to appeal denial of employment | |
| Miami-Dade County | 2015 | Public employers | Ordinance 15-118 | Background checks only after a conditional offer of employment is made; EEOC individualized assessment incorporated | |
| Orange County | 2021 | Public employers | County policy | No criminal history questions on job applications | |
| Orlando | 2015 | Public employers | Orlando, Florida hiring process policy | Background checks only after a conditional employment offer is made; EEOC individualized assessment incorporated | |
| Pompano Beach | 2014 | Public employers | Administrative policy | No criminal history questions on job applications; Background checks only after initial interview; EEOC individualized assessment incorporated | |
| Sarasota | 2016 | Public employers | Administrative policy | Background checks only after applicant is selected as a finalist; EEOC individualized assessment incorporated | |
| St. Petersburg | 2015 | Public employers | Administrative policy | No criminal history questions on job applications | |
| Tamarac | 2020 | Public employers | Ordinance No. 2020-014 | No criminal history inquiries or background check until it is determined that applicant is otherwise qualified for position (some exemptions); Cannot advertise open positions in a way that excludes those with criminal records | |
| Tampa | 2013 | Public employers | Ordinance 2013-3 | No about criminal history questions on job applications; Background checks only after a conditional employment offer is made | |
| Tallahassee | 2015 | Public employers | Administrative policy | No criminal history questions on job applications; Background checks only after applicant has been selected as a finalist | |
| Georgia | 2015 | Public employers | Executive order | Cannot use criminal record as an automatic bar to employment (certain positions deemed sensitive exempt); No criminal history inquiries until after the initial stage of the application process | |
| Albany | 2015 | Public employers | Commissioner’s resolution | No criminal history questions on job applications; Background checks only after selection for interview; EEOC individualized assessment incorporated; Applicant has the right to appeal denial of employment | |
| Atlanta | 2014 | Public employers | Atlanta Ordinance No. 14-O-1399 | No criminal history questions on job applications; Background checks only after it is determined that the applicant is otherwise qualified for the position; Must provide applicant with a copy of background check | |
| Augusta | 2016 | Public employers | Augusta Fair Chance Policy | No criminal history questions on job applications (positions required by law to make inquiries exempt); Criminal background checks only after applicant is selected as a finalist; EEOC individualized assessment incorporated | |
| Cherokee County | 2016 | Public employers | Cherokee County resolution | No criminal history questions on job applications; Background checks only after initial interview; EEOC individualized assessment incorporated; Applicant has the right to appeal denial of employment | |
| Columbus | 2015 | Public employers | Administrative policy | Background checks only after applicant is selected as a finalist; EEOC individualized assessment incorporated | |
| Fulton County | 2014 | Public employers | Administrative policy | No criminal history questions on job applications; Background checks only required for “sensitive positions” and conducted only after the initial interview | |
| Macon-Bibb County | 2015 | Public employers, Professional licensing boards | Commissioner’s ordinance | No criminal history questions on job applications; All positions require background checks; Copy of background check must be provided to applicant if employment is denied based on a conviction | |
| Savannah | 2015 | Public employers | Savannah city resolution | No criminal history questions on job applications; Cannot use convictions as an automatic bar to employment; Background checks only after applicant is tentatively selected for position; EEOC individualized assessment incorporated | |
| South Fulton | 2019 | Public employers and contractors | South Fulton Ordinance 2019-004 | No criminal history inquiries until after initial interview or the city or contractor determines the individual is otherwise qualified; Cannot use convictions as a bar to employment unless directly related to the position | |
| Hawaii | 1998 | Public employers, Private employers | Haw. Rev. Stat. § 378-2.5 | No criminal history inquiries until after a conditional employment offer is made; Cannot use convictions as a bar to employment unless they have a “rational relationship” to the position; Cannot inquire about or consider convictions older than 10 years (excluding periods of incarceration) | |
| Idaho | No statewide ban-the-box law | ||||
| Illinois | 2021 | Public employers and vendors, Private employers with 15+ employees | Employee Background Fairness Act | Criminal background checks only after applicant has been notified of selection for interview or has received a conditional employment offer (some exemptions); Cannot use convictions as a bar to employment unless substantially related to the position or if they would involve an unreasonable risk to property or public safety; Applicant has the right to appeal denial of employment | |
| Chicago | 2004; 2014 | Public employers (2004), Private employers with 15+ employees (2014) | Chicago City Council Ordinance 02014-8347 | No criminal history inquiries until after applicant has been selected for an interview or has received a conditional employment offer; EEOC individualized assessment incorporated | |
| Indiana | 2017 | State employment in executive branch | Executive Order 17-15 | No criminal history questions on job applications; Criminal background check must typically wait until later in the hiring process | |
| Indianapolis and Marion County [PREEMPTED] | 2014 | Public employers and contractors (city and county) | Indianapolis Ordinance 671 – PREEMPTED by Indiana Code § 22-2-17 | Local law preempted by Indiana Code § 22-2-17 | |
| Iowa | No statewide ban-the-box law | ||||
| Johnson County | 2018 | Public employers | Johnson County Resolution 06-14-18-05 | No criminal history questions on job applications (positions requiring a full background check because of the nature of the work exempt); Background checks only after applicant is selected for interview; EEOC individualized assessment incorporated | |
| Linn County | 2018 | Public employers | Linn County Resolution No. 2018-5-73 | No criminal history questions on job applications; Criminal background checks only after applicant is selected for interview; EEOC individualized assessment incorporated | |
| Waterloo | 2019 | Public employers, Private employers | Waterloo Ordinance No. 5522 | No criminal history questions on job applications; Background checks only after a conditional job offer is made; Cannot use convictions as a bar to employment unless the offense has a “direct and substantial bearing” on the position | |
| Kansas | 2018 | State employment in executive branch | Executive Order 18-12 | No criminal history questions on job applications; Cannot use criminal record as an automatic bar to employment; Background checks only after the initial application phase; Cannot use convictions as a bar to being selected for interview; Positions for which an applicant would be ineligible due to certain convictions exempt | |
| Johnson County | 2016 | Public employers | Approved commissioners’ motion | No questions about criminal history on job applications (public safety positions exempt); Background checks only after conditional employment offer is made | |
| Kansas City, KS | 2014 | Public employers | Commissioners’ vote | No criminal history questions on job applications; EEOC individualized assessment incorporated | |
| Topeka | 2015 | Public employers | Administrative decision | No criminal history questions on job applications (some exemptions); Background checks only after conditional employment offer is made; EEOC individualized assessment incorporated; Applicant has the right to appeal denial of employment | |
| Wichita | 2015 | Public employers | Administrative decision | Background checks only after completion of the hiring process; EEOC individualized assessment incorporated | |
| Kentucky | 2017 | State employment in executive branch | Executive order | No criminal history questions on job applications; Criminal history inquiries and background checks only after an applicant has been selected for interview | |
| Louisville | 2014 | Public employers and contractors/vendors | Ordinance | No criminal history inquiries until after applicant has been determined to be otherwise qualified for position; EEOC individualized assessment incorporated | |
| Louisiana | 2016; 2021 | Public employers (2016), Private employers (2021) | 2016 HB No. 266; 2021 HB No. 707 (Act 406) | For public employers no criminal history inquiries until initial interview or a conditional job offer is made; Unclassified positions, law enforcement, corrections, and other positions requiring background checks are exempt; Private employers are barred from requesting any criminal history not resulting in a conviction and individual assessment of convictions is required | |
| Baton Rouge | 2015 | Public employers | City council vote | No criminal history questions on job applications | |
| New Orleans | 2014; 2018 | Public employers (2014) and contractors/vendors (2018) | New Orleans Policy No. 27889; New Orleans Ordinance 27889 | Criminal history inquiries and background checks only after an initial interview or the applicant has been determined to be otherwise qualified and selected as a finalist; EEOC individualized assessment incorporated; Applicant has the right to appeal denial of employment; Must provide copy of background check to applicant; Employers must maintain a record of background checks and criminal inquiries for 3 years | |
| Maine | 2019; 2021 | State employers (2019), Private employers (2021) | Sec. 1. 5 MRSA §792; Sec. 1. 5 MRSA §1167 | No criminal history questions on job applications; No criminal history inquiries until initial interview or the applicant is determined to be otherwise qualified for the position; Applicant has the right to appeal denial of employment; Positions within political subdivisions or for which an applicant may be ineligible due to certain convictions exempt | |
| Maryland | 2013; 2020 | Public employers and contractors (2013), Private employers with 15+ employees (2020) | Criminal Record Screening Practices Act | No criminal history inquiries until after initial in-person interview; Employers providing services to vulnerable groups, corrections, law enforcement, and positions requiring background checks exempt | |
| Baltimore | 2014 | Public employers and contractors, Private employers with 10+ employees | Ban the Box ordinance | No criminal history questions on job applications; Background checks only after a conditional employment offer is made; Background checks only required for jobs qualified as “Positions of Trust”; EEOC individual assessment incorporated | |
| Montgomery County | 2015 | Public employers and contractors, Private employers with 15+ employees | Ordinance | No criminal history inquiries until after initial interview; Applicant has the right to appeal denial of employment | |
| Prince George’s County | 2014 | Public employers and contractors, Private employers | County ordinance | No criminal history inquiries until after initial interview; EEOC individualized assessment incorporated; Applicant has the right to appeal denial of employment | |
| Massachusetts | 2015;2018 | Public employers and contractors, Private employers | 2015 SB 2583; 2018 SB 2371 | No criminal history questions on applications (exemptions for legal restrictions where applicable); Applicants must be given a copy of their criminal history before they are asked it; Cannot inquire about sealed or expunged convictions; Cannot use felony convictions older than 10 years or misdemeanor convictions older than 3 years as a bar to employment; Pending criminal charges may be provided and inquired about | |
| Boston | 2006 | Public employers and contractors/vendors | Boston City Council ordinance | Background checks only required for specific jobs; No criminal history questions on job applications; Applicant has the right to appeal denial of employment; | |
| Cambridge | 2008 | Public employers and contractors/vendors | Cambridge City ordinance | No criminal history questions on job applications; Background checks only required for some jobs and only conducted after applicant is found to be otherwise qualified for position; Applicant has the right to appeal denial of employment; Must provide a copy of background check to applicant; EEOC individualized assessment incorporated | |
| Worcester | 2009 | Public employers and contractors | Worcester City Ordinance | No criminal history questions on job applications; Background checks only required for some jobs; Applicant has the right to appeal denial of employment; Must provide a copy of background check to applicant; EEOC individualized assessment incorporated | |
| Michigan | 2018 | Public employers | Executive Directive 2018-4 | No criminal history questions on job applications; Background checks only during or after the interview stage of the hiring process; EEOC individualized assessment incorporated; Positions where state or federal law prohibits hiring a candidate with criminal history exempt | |
| Ann Arbor | 2014 | Public employers | Resolution | Background checks only after a conditional employment offer is made; EEOC individualized assessment incorporated | |
| Detroit | 2010; 2012 | Public employers (2010) and contractors/vendors (2012) | Ban the Box ordinance | No criminal history questions on job applications; Background checks only after the initial interview or the applicant is determined to be otherwise qualified for the position; EEOC individualized assessment incorporated | |
| East Lansing | 2014 | Public employers | Unanimous resolution | No criminal history questions on job applications; Background checks only after an applicant is determined to be otherwise qualified for the position | |
| Genesee County | 2014 | Public employers | Resolution | No criminal history questions on job applications; Background checks only after conditional employment offer is made; EEOC individualized assessment incorporated | |
| Kalamazoo | 2010; 2016 | Public employers (2010) and contractors/vendors (2016) | Commission decision, Kalamazoo Resolution No. 16-20 | No criminal history questions on job applications; Applicant has the right to appeal denial of employment | |
| Muskegon County | 2012 | Public employers | Muskegon County Resolution | No criminal history questions on job applications unless required by law | |
| Minnesota | 2013 | Public employers and contractors, Private employers | Minnesota Stat. Sec. 364.021 et seq. | No criminal history inquiries until after applicant is selected for interview or before a conditional employment offer is made; Only convictions directly related to the position may be used to bar employment (misdemeanor convictions for which no jail sentence can be imposed excluded) | |
| Minneapolis | 2006 | Public employers | City council decision | No criminal history questions on job applications; Background checks required for only certain jobs and conducted only after applicant is determined to be otherwise qualified for position; EEOC individualized assessment incorporated | |
| St. Paul | 2006 | Public employers | City council decision | No criminal history questions on job applications; Background checks required only for certain jobs and only conducted after applicant is determined to be otherwise qualified for position; EEOC individualized assessment incorporated | |
| Mississippi | No statewide ban-the-box law; Local rules preempted by 2014 SB 2689 | ||||
| Missouri | 2016 | Public employers | Executive Order 16-04 | No criminal history questions on state executive branch applications (positions for which convictions make an applicant ineligible by law exempt) | |
| Columbia | 2014 | Public employers and contractors, Private employers | Ban the Box ordinance | Background checks only after a conditional employment offer is made; Individualized assessment of convictions encouraged | |
| Jackson County | 2016 | Public employers | Jackson County Executive Order 16-16 | No criminal history questions on job applications | |
| Kansas City, MO | 2013; 2018 | Public employers and contractors/vendors (2013), Private employers (2018) | Kansas City Ordinance 180034; Kansas City Ordinance 130230 | No criminal history inquiries until after an interview and determination that the individual is otherwise qualified for the position; Only convictions directly related to the position may be used to bar employment or promotional opportunities (misdemeanor convictions for which no jail sentence can be imposed excluded); Positions for which employers are barred by local, state, or federal law from hiring a person with certain convictions excluded | |
| St. Louis | 2014; 2021 | Public employers (2014), Private employers with 10+ employees (2021) | St. Louis Ordinance Number 71074 | No criminal history questions on job applications; Background checks only after an applicant has been determined to be otherwise qualified for position; EEOC individualized assessment incorporated | |
| Montana | No statewide ban-the-box law | ||||
| Nebraska | 2014 | All public employers (state, county, and city) | LB 907 | No criminal history inquiries until applicant is determined to be otherwise qualified for position; Law enforcement, certain school districts, and other positions with mandated background check requirements are exempted | |
| Nevada | 2017 | Public employers | 2017 AB 384 | Cannot consider an applicant’s criminal record until after the final interview or a conditional job offer has been made; EEOC individualized assessment incorporated | |
| North Las Vegas | 2016 | Public employers | Ban the box policy | No criminal history inquiries until the interview phase of the hiring process; EEOC individualized assessment incorporated | |
| New Hampshire | 2020 | Public employers | House Bill 253 | No criminal history inquiries until the interview stage of the hiring process; Law enforcement, positions requiring a fidelity bond, and positions for which state or federal law/contracts prohibit hiring someone with a criminal history exempt | |
| New Jersey | 1999, amended 2017 | Public employers and contractors/vendors, Private employers | SB 3306 New Jersey Opportunity to Compete Act | No criminal history inquiries until after initial interview; No inquiries about or consideration of expunged records and online record searches during the initial application process | |
| Atlantic City
Superseded by state law (New Jersey Opportunity to Compete Act) |
2011; 2015 | Public employers and contractors/vendors (2011), Private employers with 15+ employees (2015)
Superseded by state law (New Jersey Opportunity to Compete Act) |
Atlantic City ordinance
Superseded by state law (New Jersey Opportunity to Compete Act) |
Background checks only after a conditional employment offer is made; EEOC individualized assessment incorporated; Applicant has the right to appeal denial of employment | |
| Newark
Superseded by state law (New Jersey Opportunity to Compete Act) |
2012 | Public employers, Private employers with 15+ employees, Licensing Boards, Housing
Superseded by state law (New Jersey Opportunity to Compete Act) |
Newark Ordinance #12-1630
Superseded by state law (New Jersey Opportunity to Compete Act) |
Background checks only required for certain positions and only conducted after a conditional employment offer; EEOC individualized assessment incorporated; Applicant has the right to appeal denial of employment | |
| New Mexico | 2010; 2019 | Public employers and vendors (2010), Private employers with 4+ employees (2019), Licensing Boards (2010) | SB 254
SB 96 |
No criminal history inquiries until an applicant is selected as a finalist; Cannot use convictions as an automatic bar to employment; Can not consider misdemeanor convictions not involving “moral turpitude” | |
| New York | 2015 | Public employers | Executive order | No criminal history inquiries until after initial interview and the agency has indicated interest in hiring applicant; EEOC individual assessment incorporated; Only convictions directly related to the position or that would involve unreasonable risk may be used to bar employment | |
| Albany County | 2017 | Public employers | Albany County Fair Chance Act | No criminal history inquiries until after a conditional job offer is made; Background checks only after a conditional offer is made and only if deemed necessary for the position; Must provide a copy of background check to applicant; Applicant has the right to appeal denial of employment | |
| Buffalo | 2013 | Public employers and contractors/vendors, Private employers | Buffalo Fair Employment Screening amendment | No criminal history questions on job applications; Criminal history inquiries only after initial interview | |
| Dutchess County | 2016 | Public employers | Resolution No. 199-2015 | No questions about criminal history, dishonorable military discharges, or firings on job applications, exams, or recruitments | |
| Ithaca | 2015 | Public employers | Administrative policy | No inquiries about criminal history unless required by law; Background checks only after applicant is selected as a finalist | |
| Kingston | 2015 | Public employers | 2015 Resolution No. 186 | No criminal history questions on job applications; Can ask about criminal history during interviews and conduct background checks during interview phase | |
| Newburgh | 2015 | Public employers | Resolution 199-2015 | No criminal history questions on job applications; Can ask about criminal history during job interviews and conduct background checks during interview phase | |
| New York City | 2021 | Public employers and contractors/vendors, Private employers, Licensing boards | New York City Fair Chance Act | No criminal history inquiries or criminal background checks until a conditional job offer is made; Employers must complete the Fair Chance Process before denying employment based on convictions; Applicant has the right to appeal denial of employment | |
| Rochester | 2014 | Public employers and contractors/vendors, Private employers | Rochester Ordinance No. 2014-155 | No criminal history questions on job application; Background checks only after initial interview | |
| Suffolk County | 2020 | Public employers, Private employers | Resolution No. 221-2020 | No criminal history inquiries until after initial interview; Only convictions relevant to the position may be considered (positions with legal requirements prohibiting the hiring of individuals with conviction records exempt) | |
| Syracuse | 2014 | Public employers and contractors, Licensing boards | City ordinance | Background checks only after a conditional employment offer is made; EEOC individualized assessment incorporated; Applicant has the right to appeal denial of employment | |
| Tompkins County | 2016 | Public employers | County resolution | No criminal history questions on job applications; Criminal background checks delayed until later in the hiring process; EEOC individualized assessment incorporated | |
| Ulster County | 2014 | Public employers | Executive order No. 2-2014 | No criminal history questions on job applications; Criminal history inquiries only after the initial interview | |
| Westchester County | 2018 | Public employers | Westchester Local Law No. 10913-2018 | No criminal history questions on job applications; Cannot take adverse action based on a conviction record until considering the factors listed in NY Corrections Law Art. 23A | |
| Woodstock | 2014 | Public employers | Unanimous city council vote | No criminal history questions on job applications | |
| Yonkers | 2014 | Public employers | Administrative decision | No criminal history questions on job applications; Background checks only after a conditional employment offer is made | |
| North Carolina | 2020 | Public employers | Executive Order No. 158 | No criminal history questions on job applications; Criminal history inquiries and criminal background checks only after initial interview; EEOC individualized assessment incorporated; Positions for which a criminal conviction would legally preclude employment exempt | |
| Asheville | 2016 | Public employers | City resolution | No criminal history questions on job applications except for certain sensitive positions | |
| Buncombe County | 2016 | Public employers | County resolution | No criminal history questions on job applications | |
| Carrboro | 2012 | Public employers | Vote by city aldermen | No criminal history questions on job applications; EEOC individualized assessment incorporated | |
| Charlotte | 2014 | Public employers | Administrative policy | No criminal history questions on job applications; Criminal background checks required for all positions and conducted only after applicant is selected as a finalist | |
| Cumberland County | 2011 | Public employers | County policy | No criminal history questions on job applications; Background checks required for all positions and conducted only after applicant is selected as a finalist | |
| Durham City | 2011 | Public employers | Administrative policy | No criminal history questions on job applications; Background checks only after a conditional employment offer is made | |
| Durham County | 2012 | Public employers | Administrative policy | No criminal history questions on job applications; Background checks only after applicant is selected for hire; EEOC individualized assessment incorporated; Applicant has the right to appeal denial of employment | |
| Forsyth County | 2018 | Public employers | Fair Chance Employment Policy | No criminal history questions on job applications; Background checks only after determination that the applicant is the best for the position; Cannot use convictions as a bar to employment unless relevant to the position | |
| Mecklenburg County | 2016 | Public employers | Resolution | No criminal history questions on job applications | |
| New Bern | 2019 | Public employers | Aldermen Resolution | No criminal history questions on job applications; Background checks only after a conditional job offer is made; EEOC individualized assessment incorporated; Applicant has the right to appeal denial of employment | |
| New Hanover County | 2016 | Public employers | Administrative Memorandum 16-001 | Background checks only after a candidate is selected as a finalist; Applicant has the right to appeal before an adverse employment decision; EEOC individualized assessment incorporated | |
| Spring Lake | 2012 | Public employers | Administrative policy | Convictions reviewed on a case-by-case basis to determine relevancy to position; EEOC individualized assessment incorporated | |
| Wake County | 2016 | Public employers | Wake County Ordinance | No criminal history questions on job applications; Background checks only after applicant is selected as a finalist; EEOC individualized assessment incorporated; Applicant has the right to appeal denial of employment | |
| Wilmington | 2018 | Public employers | Wilmington Ordinance Art. I, Sect. 8.5 | Background checks required only for specific positions and conducted only after a conditional job offer is made; Applicant has the right to appeal denial of employment | |
| Winston-Salem | 2017 | Public employers | City of Winston-Salem Resolution No. 17-925 | No criminal history questions on job applications | |
| North Dakota | 2019 | All public employers (state agencies, counties, and cities) | 2019 HB 1282 | No criminal history inquiries until the candidate has been selected for interview; Positions for which a criminal conviction would legally preclude employment exempt | |
| Ohio | 2015 | All public employers (state, counties, and cities) | 2015 HB 56 | No criminal history questions on job applications; Felony convictions can’t be used against certain classes of public employees unless they committed the crime while in public service; EEOC individualized assessment incorporated | |
| Alliance | 2014 | Public employers | Policy change | No criminal history questions on job applications; Background checks only required for certain jobs(copy provided to applicant upon request); Cannot use convictions as a bar to employment unless relevant to the position | |
| Akron | 2013 | Public employers | Policy change | Applicants are not required to answer criminal history questions on job applications unless position is safety-sensitive; Background checks required before an interview; EEOC individualized assessment is incorporated; Applicant has the right to appeal denial of employment | |
| Canton | 2015 | Public employers | Canton Rule IV, Examinations, Section 15, Amendment | City Civil Service Commission may certify those with misdemeanor or felony convictions as eligible for jobs as long as their convictions do not substantially relate to the job duties or impact workplace safety; EEOC individualized assessment incorporated | |
| Cincinnati | 2010 | Public employers | Motion in Support of Fair Hiring | Background checks only after a conditional employment offer is made; EEOC individualized assessment incorporated; Applicant has the right to appeal denial of employment; Must provide a copy of background check to applicant | |
| Cleveland | 2011 | Public employers | Administrative policy | No criminal history questions on job applications; Background checks only after applicant is selected as a finalist | |
| Cuyahoga County | 2012 | Public employers | Cuyahoga County Ordinance No. O2012-0005 | No criminal history questions on job applications; Background checks only after a conditional employment offer is made; EEOC individualized assessment incorporated | |
| Dayton | 2012 | Public employers | Administrative decision (no formal policy) | No criminal history questions on job applications; Background checks only after candidate list has been narrowed down; EEOC individualized assessment incorporated; Applicant has the right to appeal denial of employment | |
| Franklin County | 2012 | Public employers | Franklin County Resolution 45712 | Background checks only after a conditional employment offer is made; EEOC individualized assessment incorporated; Sheriff’s office positions exempt | |
| Hamilton County | 2012 | Public employers | Hamilton County Human Resources Policies and Procedures Manual | No criminal history questions on job applications; Background check only after a conditional employment offer is made; EEOC individualized assessment incorporated; Positions where there are statutory prohibitions on hiring people with certain kinds of convictions exempt | |
| Lucas County | 2013 | Public employers | Resolution 13-926 | No criminal history questions on job applications; Background checks only after applicant is selected as a finalist | |
| Massillon | 2014 | Public employers | Policy | No criminal history questions on job applications; No criminal history inquiries until initial interview; Background checks required for all positions | |
| Newark | 2015 | Public employers | Resolution | No criminal history questions on job applications | |
| Stark County | 2013 | Public employers | Administrative policy | Language in an employee handbook and on job applications that prohibited hiring those with felony convictions removed | |
| Summit County | 2012 | Public employers | Recommendations by human resources adopted by the city | No criminal history questions on job applications; Background checks only required for security-sensitive positions and only conducted after initial interview; EEOC individualized assessment incorporated | |
| Warren | 2015 | Public employers | Resolution 3491R | Background checks only required for certain jobs conducted only after a conditional employment offer is made | |
| Youngstown | 2014 | Public employers | Resolution | No criminal history questions on job applications; Background checks only after a conditional employment offer is made | |
| Oklahoma | 2016 | Public employers | Executive Order 2016-03 | No criminal history questions on job applications other than for safety-sensitive roles and those required by law | |
| Oregon | 2015 | Public employers, Private employers | 2015 Oregon HB 3025 | No criminal history questions on job applications; No criminal history inquiries until initial interview; Positions where an applicant with a conviction history would be automatically disqualified by law, law enforcement, criminal justice, and volunteers exempt | |
| Multnomah County | 2007 | Public employers | Policy decision | No criminal history questions on job applications; No criminal history inquiries until later in the hiring process; EEOC individualized assessment incorporated | |
| Portland | 2014 | Public employers, Private employers with 6+ employees | Portland City Code Chapter 23.10 | No criminal history inquiries or background checks until after a conditional employment offer is made; EEOC individualized assessment incorporated; Law enforcement and criminal justice positions exempt | |
| Pennsylvania | 2017 | Public employers, Private employers | Pennsylvania Administrative Policy HR-TM001 | For public employers, no criminal history questions on job applications; Expunged records, arrests not leading to convictions, and convictions unrelated to the job cannot be considered; For both public and private employers, convictions barring employment must be relevant to position; Security personnel, law enforcement, and positions working with vulnerable populations exempt | |
| Allegheny County | 2014 | Public employers | County executive’s decision | No criminal history questions on job applications; Background checks only required for certain positions and conducted only after a conditional employment offer is made; EEOC individualized assessment incorporated | |
| Allentown | 2015 | Public employers | City council vote | No criminal history questions on job applications (law enforcement, firefighters, and 911 operator positions exempt); Background checks only after a conditional employment offer is made | |
| Beaver County | 2018 | Public employers | Resolution No. 012518-30 | No criminal history questions on job applications or inquiries about it until applicant has a chance to interview (safety-sensitive positions exempt); the County must consider any clarifying information an applicant provides about a conviction before making an employment decision | |
| Bethlehem | 2016 | Public employers | Administrative policy | No criminal history questions on job applications (certain law enforcement positions exempt); Background checks only after applicant is selected as a finalist; Applicants accepting a conditional employment offer must provide Pennsylvania Child Abuse History Clearance, Federal Criminal History Background Check, and a Pennsylvania State Police Clearance; EEOC individualized assessment incorporated | |
| Lancaster | 2014 | Public employers | Resolution | No criminal history questions on job applications; Background checks only after applicant is selected as a finalist; EEOC individualized assessment incorporated | |
| Northampton County | 2018 | Public employers | County Executive Order 18-54 | No criminal history questions on job applications (law enforcement and positions working with vulnerable populations exempt) | |
| Philadelphia | 2015 | Public employers, Private employers | Philadelphia City Council Ordinance | No criminal history questions on job applications; Criminal background checks limited to last seven years; Background checks only after a conditional employment offer is made; EEOC individualized assessment incorporated; Applicant has the right to appeal denial of employment; Must provide copy of background check to applicant | |
| Pittsburgh | 2012 | Public employers and contractors/vendors | Pittsburgh Ordinance 2012-0013; Pittsburgh Ordinance 2012-0015 | Background checks only after a conditional employment offer is made; EEOC individualized assessment incorporated;; Applicant has the right to appeal denial of employment | |
| Reading | 2015 | Public employers | Policy change | No criminal history questions on job applications; Background checks only after conditional employment offer is made | |
| York | 2018 | Public employers | Ordinance No. 5 of 2018 | No criminal history questions on job applications; HR to consider public’s interest in allowing people with convictions to gain employment before making hiring decisions | |
| Rhode Island | 2013 | Public employers, Private employers | 2013 HB 5507 | No criminal history inquiries until the initial interview; Positions for which a conviction would disqualify someone by law exempt | |
| Providence | 2009 | Public employers | Administrative policy | No criminal history questions on job applications; Background checks only after determination that the applicant meets the minimum qualifications for the position | |
| South Carolina | No statewide ban-the-box law | ||||
| Aiken | 2020 | Public employers | Aiken City Council Resolution | No criminal history questions on job applications; Background checks only after a conditional offer of employment is made; EEOC individualized assessment incorporated; Applicant has the right to appeal denial of employment; Employers must keep data on and record of the number of applicants with records (whether ultimately hired or not) | |
| Columbia | 2019 | Public employers and contractors | Columbia Ordinance 2019-022 | No criminal history questions on job applications; No wage history questions at any time during the hiring process; No background checks unless a good-faith determination is made that they are necessary for the job; EEOC individualized assessment incorporated; Employers must keep data on and record of the number of applicants with records (whether ultimately hired or not) | |
| Richland County | 2019 | Public employers | Richland County Resolution | No criminal history questions on job applications; Criminal inquiries and background checks only after applicant is selected for interview; Positions requiring a full background check due to the nature of the work exempt | |
| York County | 2017 | Public employers | Fair chance resolution | No criminal history inquiries or background checks until after a conditional employment offer is made | |
| South Dakota | No statewide ban-the-box law | ||||
| Tennessee | 2016 Tennessee also passed a law (SB 2103) prohibiting local governments from expanding ban-the-box laws to private employers in 2016 | Public employers | 2016 Tennessee SB 2440 | No criminal history questions on job applications; EEOC individualized assessment incorporated | |
| Chattanooga | 2015 | Public employers | Chattanooga Ordinance No. 13007 | No criminal records questions on job applications; Can only inquire about criminal history through background checks after application is submitted | |
| Hamilton County | 2012 | Public employers | Administrative policy | No criminal history questions on job applications; Background checks only after applicant is selected as a finalist; Applicant must be allowed to provide an explanation of the circumstances for any convictions | |
| Memphis | 2010 | Public employers | City ordinance | No criminal history questions on job applications (certain positions exempt); No criminal history inquiries until after an applicant has been determined to be otherwise qualified for the position; Applicants must complete a form listing their entire criminal history prior to the city conducting a background check; EEOC individualized assessment incorporated; Applicant has the right to appeal denial of employment | |
| Nashville | 2015 | Public employers | Administrative policy | No criminal history questions on job applications (police and fire department positions exempt) | |
| Shelby County | 2020 | Public employers | County ordinance | No criminal history questions on job applications | |
| Texas | No statewide ban-the-box law; 2023 Texas Regulatory Consistency Act preempted local laws that go beyond what the state provides, including all ban-the-box laws | ||||
| Austin | PREEMPTED by Texas Regulatory Consistency Act | ||||
| Dallas County | PREEMPTED by Texas Regulatory Consistency Act | ||||
| Desoto | PREEMPTED by Texas Regulatory Consistency Act | ||||
| San Antonio | PREEMPTED by Texas Regulatory Consistency Act | ||||
| Travis County | PREEMPTED by Texas Regulatory Consistency Act | ||||
| Utah | 2017 | Public employers | 2017 Utah HB 156 | No criminal history inquiries until after the initial interview or a conditional employment offer is made (positions working with vulnerable populations, law enforcement, criminal justice, tax commission, alcoholic beverage control, and other safety-sensitive jobs exempt) | |
| Vermont | 2016 | Public employers, Private employers | 2016 Vermont HB 261 | No criminal history questions on job applications; Applicant must be allowed to provide an explanation of the circumstances for any convictions | |
| Virginia | 2015; 2020 | Public employers | 2015 Virginia Executive Order 41; Virginia HB 757 | No criminal history questions on job applications for state executive branch; No criminal history inquiries until initial interview; EEOC individualized assessment incorporated; Law enforcement, local school boards, and positions deemed sensitive exempt | |
| Alexandria | 2014 | Public employers | Administrative policy | Background checks only after a conditional employment offer is made | |
| Arlington County | 2014 | Public employers | Administrative policy | No criminal history questions on job applications (public safety roles exempt); No criminal history inquiries until after initial interview; Background checks required for all positions; Applicants with convictions must be given the opportunity to provide a written explanation of the charges | |
| Blacksburg | 2016 | Public employers | Resolution | No criminal history questions on job applications; Background checks only after an applicant has been selected as a finalist; EEOC individualized assessment incorporated | |
| Charlottesville | 2014 | Public employers | Administrative policy | No criminal history questions on job applications; Background checks conducted later in the hiring process but before a final offer of employment is made | |
| Danville | 2014 | Public employers | Policy | No criminal history questions on job applications; Background checks only after a conditional employment offer is made; EEOC individualized assessment incorporated; Applicant must be allowed to provide an explanation of the circumstances for any convictions | |
| Fairfax County | 2014 | Public employers | Policy | No criminal history questions on job applications; Background checks only after a conditional employment offer is made | |
| Fredericksburg | 2014 | Public employers | Administrative policy | Background checks only after a conditional employment offer is made; EEOC individualized assessment incorporated; Applicant has the right to appeal denial of employment | |
| Harrisonburg | 2014 | Public employers | City council decision | No criminal history questions on job applications; Background checks only after a conditional employment offer is made; Applicant has the right to appeal denial of employment | |
| Henry County | 2016 | Public employer | City decision | No criminal history questions on job applications | |
| Montgomery County | 2016 | Public employers | Montgomery County Board of Supervisors Resolution R-FY-15-76 | No criminal history questions on job applications | |
| Newport News | 2012 | Public employers | Administrative policy | No criminal history questions on job applications (public safety, child welfare, and elder care positions exempt); EEOC individualized assessment incorporated | |
| Norfolk | 2013 | Public employers | Administrative policy | No criminal history questions on job applications (positions deemed sensitive exempt); EEOC individualized assessment incorporated | |
| Petersburg | 2013 | Public employers | Adopted city council resolution | No criminal history questions on job applications (positions deemed sensitive or security-related exempt); Background checks only after a conditional employment offer is made | |
| Portsmouth | 2013 | Public employers | Administrative policy | No criminal history questions on job applications | |
| Prince William County | 2015 | Public employers | Resolution No. 15-672 | No criminal history questions on job applications; No criminal history inquiries until after the completion of the interview process (law enforcement positions exempt) | |
| Richmond | 2013 | Public employers | Richmond Resolution No. 2013-R, 87-85 | No criminal history questions on job applications (certain positions exempt as determined by the city) | |
| Roanoke | 2014 | Public employers | Administrative policy | No criminal history questions on job applications | |
| Staunton | 2016 | Public employers | City council decision | No criminal history questions on job applications; Criminal history inquiries only after initial interview | |
| Virginia Beach | 2013 | Public employers | Administrative policy | No criminal history questions on job applications; Background checks required for all positions and only conducted after a conditional employment offer is made; EEOC individualized assessment incorporated | |
| Washington | 2018 | Public employers, Private employers | 2018 HB 1298 | Criminal history inquiries and background checks only after determining that the candidate is otherwise qualified for the position; Employers cannot advertise positions in a way that excludes those with records from applying; Cannot use convictions older than 10 years or irrelevant to the position to bar employment | |
| Pierce County | 2012 | Public employers | Administrative policy | No criminal history questions on county job applications; Background checks only after a conditional employment offer is made (law enforcement exempt); EEOC individualized assessment incorporated; Applicant has the right to appeal denial of employment | |
| Seattle | 2009 | Public employers, Private employers | Fair Chance Employment Ordinance | No criminal history inquiries until it is determined that applicant is otherwise qualified for the position; Background checks only required for some positions; Applicant has the right to appeal denial of employment; EEOC individualized assessment incorporated | |
| Spokane | 2017 | Public employers, Private employers | City of Spokane Ordinance C35564 | Private employers cannot make criminal history inquiries until after initial interview or a conditional job offer is made (employers required by law to conduct background checks and positions with access to vulnerable populations exempt); Public employers can conduct background checks after it is determined that applicant meets minimum qualifications for position; EEOC individualized assessment incorporated | |
| Spokane County | 2017 | Public employers | Spokane County Resolution and Background Check Policy | No criminal history questions on job applications; Background checks only after the applicant is determined to be otherwise qualified for the position; EEOC individualized assessment incorporated; Applicant has the right to appeal denial of employment; Must provide copy of background check to applicant | |
| Washington, DC | 2014 | Public employers, Private employers with 11+ employees | Fair Criminal Records Screening Act | No criminal history inquiries or background checks until a conditional offer of employment is made; EEOC individualized assessment incorporated | |
| West Virginia | No statewide ban-the-box law; HB 4229 is pending in the Judiciary as of June 2024 and would ban the box if passed | ||||
| Wisconsin | 2016 | Public employers | 2016 AB 373 | No criminal history questions on job applications; No criminal history inquiries until applicant is certified for the position | |
| Dane County | 2014 | Public employers | Administrative policy | No criminal history questions on county job applications | |
| Madison | 2014; 2015 | Public employers (2014) and contractors (2015) | Resolution No. 14-00679; Ordinance No. 15-00128 | No criminal history questions on job applications; Background checks only after a conditional employment offer is made | |
| Milwaukee | 2016 | Public employers | Resolution No. 120663 | No criminal history questions on job applications; Background checks only after applicant is placed on an employment eligibility list | |
| Milwaukee County | 2011 | Public employers | Milwaukee County Resolution No. 11-581 | No criminal history questions on job applications | |
| Wyoming | No statewide ban-the-box law |
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DISCLAIMER: The resources provided here are for educational purposes only and do not constitute legal advice. Consult your counsel if you have legal questions related to your specific practices and compliance with applicable laws.
