Ban The Box
At SimpliVerified, we support the Ban the Box initiative, a movement aimed at promoting fair hiring practices by removing the checkbox that asks about criminal history from job applications. This initiative helps ensure that candidates are evaluated based on their qualifications and skills rather than their past mistakes.
The “Ban the Box” movement has gained widespread adoption, with many states, cities, and counties implementing their own versions of this law. These regulations generally limit when employers can ask candidates about their criminal history during the hiring process. Although each state and local law has specific requirements, such as notice, job-related assessments, and posting guidelines, the core principle is consistent: to delay inquiries about criminal history until later in the hiring process, giving applicants a fair chance to showcase their qualifications.
Ban The Box State Laws
As you can see from the table below, 27 US states have introduced the ‘ban the box’ law. Yet, even though all 27 states ban public-sector employers from inquiring into candidates’ criminal history, only 16 states have a ‘ban the box’ law that regulates the private sector, too.
Also, the prohibitions do not refer to candidates applying to sensitive positions — such as childcare, healthcare, public safety, etc. — whose background may still be subject to screening early in the application process.
Let’s take a look at the table for more details.
| State | Public-sector employers | Private-sector employers | Vendors/Contractors | When employers may ask |
|---|---|---|---|---|
| California | | | | After a conditional job offer has been made. The law applies to private and public employers with at least 5 employees. |
| Colorado | | | | At any time after the initial job application. Applies to employers with 11+ employees. |
| Connecticut | | | | At any time after the initial job application. |
| Delaware | | | | After the completion of the first interview. |
| District of Columbia | | | | After a conditional job offer has been made. Applies to all employers with 11 or more employees. |
| Hawaii | | | | After a conditional job offer has been made. |
| Illinois | | | | 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. |
| Louisiana | | | | After the initial job interview or once a conditional job offer has been made. |
| Maine | | | | For state government jobs, asking questions about criminal history on applications is prohibited. |
| Maryland | | | | 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. |
| Massachusetts | | | | Employers are prohibited from asking about the applicant’s criminal history on the initial written application. |
| Minnesota | | | | After the job applicant has been selected for an interview or once a conditional job offer has been made. |
| Nebraska | | | | After the employer has determined the job applicant meets the minimum job requirements. |
| Nevada | | | | 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. |
| New Hampshire | | | | After the initial job interview. |
| New Jersey | | | | After the employer has conducted the interview, the applicant has been determined to be qualified, and selected as a finalist in the hiring process. Applies to all employers with at least 15 employees. |
| New Mexico | | | | After the job applicant has been selected as a finalist in the hiring process. |
| North Dakota | | | | After the job applicant has been selected as a finalist in the hiring process. |
| Ohio | | | | Questions related to the job applicant’s criminal history have been removed from initial job application forms. |
| Oregon | | | | After the initial job interview. Applies only to public-sector employers employing for non-civil service positions under the governor’s jurisdiction. |
| Rhode Island | | | | After the initial job interview. Applies to all public-sector employers and all private-sector employers with at least 4 employees. |
| Tennessee | | | | Questions related to the job applicant’s criminal history have been removed from initial job application forms. |
| Utah | | | | After the initial job interview or if no interview is conducted, once a conditional job offer has been made. |
| Vermont | | | | During the initial interview or once the employer has determined that the job applicant is qualified for the position. |
| Virginia | | | | During the initial interview or once the employer has determined that the job applicant is qualified for the position. |
| Washington | | | | After the employer has determined the job applicant meets the minimum job requirements and is qualified for the position. |
| Wisconsin | | | | After the employer has determined that a job applicant is certified for the position. |
Ban The Box by State Policies
11 US states have introduced ‘ban the box’ policies directing employers to remove criminal history questions from job applications.
However, it’s important to keep in mind that candidates applying to sensitive positions may still be subject to a background check early in the application process.
Let’s look at each state’s ‘ban the box’ policy more closely.
| State | Public-sector employers | Private-sector employers | Vendors/Contractors | When employers may ask |
|---|---|---|---|---|
| Arizona | | | | After the submission of a job application and the initial interview. Applies to public sector employers in the state’s executive branch. |
| Georgia | | | | After the initial stage of the state job application process. |
| Indiana | | | | At a later point in the application and hiring process. Applies only to public-sector positions in the state’s executive branch. |
| Kansas | | | | After the initial stage of job application. Applies only for public-sector employers in the state’s executive branch. |
| Kentucky | | | | After the job applicant has been selected for an interview. Applies only for public-sector employers in the state’s executive branch. |
| Michigan | | | | During the initial interview stage of the hiring process. |
| Missouri | | | | After a conditional job offer has been made. Applies to public-sector employers with at least 6 employees. |
| New York | | | | Once the state agency has interviewed the job applicant and is interested in hiring them. |
| North Carolina | | | | After the initial job interview. The policy applies to government employees working under the governor’s authority. |
| Oklahoma | | | | Questions related to the job applicant’s criminal history have been removed from initial job application forms. |
| Pennsylvania | | | | Questions related to the job applicant’s criminal history have been removed from initial job application forms. |
Ban The Box by County Policies
60 US counties have passed ‘ban the box’ policies prohibiting employers from criminal record screening until a certain point in the hiring process.
Yet, it’s necessary to keep in mind that candidates applying for sensitive jobs may still be subject to a criminal history check early in the application process.
Let’s take a look at each county in more detail.
| State, County | Public-sector employers | Private-sector employers | Vendors/Contractors | When employers may ask |
|---|---|---|---|---|
| AR, Pulaski County | | | | After a conditional job offer has been made. |
| AZ, Coconino County | | | | Questions related to the job applicant’s criminal history have been removed from initial job applications. |
| AZ, Maricopa County | | | | After a conditional job offer has been made. |
| CA, Alameda County | | | | Disclosure of criminal history information is only allowed after the last step of the examination process. Fingerprinting for background checks is only allowed after a conditional job offer has been made. |
| CA, Santa Clara County | | | | After the job applicant has been selected for an interview. |
| DE, New Castle County | | | | After a conditional job offer has been made. |
| FL, Broward County | | | | After the job applicant has been selected as a finalist for the position. |
| FL, Miami-Dade County | | | | After the job applicant has been selected as a finalist for the position.After a conditional job offer has been made. |
| GA, Cherokee County | | | | After the initial interview. |
| GA, Fulton County | | | | The County is prohibited from asking criminal history related questions during the application process or before or during the first interview. |
| GA, Macon-Bibb County | | | | Questions related to the job applicant’s criminal history have been removed from the county job application process. |
| IA, Johnson County | | | | After a conditional job offer has been made. |
| IA, Linn County | | | | After the job applicant has been selected for an interview. |
| IL, Cook County | | | | After the job applicant has been selected for an interview or after a conditional job offer has been made. |
| MD, Montgomery County | | | | After the completion of the initial job interview. Applies to employers in the county with 15 or more full-time employees. |
| MD, Prince George’s County | | | | After the initial job interview. Applies to employers in the county with 25 or more full-time employees. |
| MI, Genesee County | | | | After a conditional job offer has been made. |
| MI, Muskegon County | | | | Criminal history related questions are prohibited on job applications unless required by local, state, or federal law. |
| MI, Oakland County | | | | After the job applicant has been interviewed or has been determined qualified for the job. |
| MO, Jackson County | | | | Questions related to the job applicant’s criminal history have been removed from initial job application forms. |
| NC, Buncombe County | | | | Questions related to the job applicant’s criminal history have been removed from initial job application forms. |
| NC, Cumberland County | | | | Questions related to the job applicant’s criminal history have been removed from initial job application forms. |
| NC, Durham County | | | | After the job applicant has been selected for hire. |
| NC, Forsyth County | | | | Questions related to the job applicant’s criminal history have been removed from initial job application forms. |
| NC, Mecklenburg County | | | | Questions related to the job applicant’s criminal history have been removed from initial job application forms. |
| NC, New Hanover County | | | | After the job applicant has been selected as a finalist for the position. |
| NC, Wake County | | | | After the job applicant has been selected as a finalist for the position. |
| NC, Albany County | | | | After a conditional job offer has been made. |
| NC, Dutchess County | | | | Questions related to the job applicant’s criminal history have been removed from all exams, recruitment stages, and job application forms. |
| NY, Suffolk County | | | | After the initial job interview. |
| NY, Tompkins County | | | | Later in the hiring process. |
| NY, Ulster County | | | | After the initial job interview. |
| NY, Westchester County | | | | Questions related to the job applicant’s criminal history have been removed from initial job application forms. |
| OH, Cuyahoga County | | | | After a conditional job offer has been made. |
| OH, Franklin County | | | | After a conditional job offer has been made. |
| OH, Hamilton County | | | | After a conditional job offer has been made. |
| OH, Lucas County | | | | After the job applicant has been selected as a finalist for the position. |
| OH, Stark County | | | | Questions related to the job applicant’s criminal history have been removed from initial job application forms. |
| OH, Summit County | | | | After the initial interview. |
| OR, Multnomah County | | | | At a later stage of the hiring process. |
| PA, Allegheny County | | | | After a conditional job offer has been made. |
| PA, Beaver County | | | | The county may not ask about a job applicant’s criminal record until after the initial interview. |
| PA, Northampton County | | | | Questions related to the job applicant’s criminal history have been removed from initial job application forms. |
| SC, Richland County | | | | After the job applicant has been selected for an interview. |
| SC, York County | | | | After a conditional job offer has been made. |
| TN, Hamilton County | | | | After a conditional job offer has been made. |
| TN, Shelby County | | | | After a conditional job offer has been made.Applies to Shelby County government jobs. |
| TX, Dallas County | | | | Later in the hiring process. |
| TX, Harris County | | | | After a conditional job offer has been made. |
| TX, Travis County | | | | After the job applicant has been selected for hire. Applies to employers with at least 15 employees. |
| VA, Arlington County | | | | Questions related to the job applicant’s criminal history have been removed from initial job application forms.Background checks are performed on all job applicants before confirming employment. |
| VA, Fairfax County | | | | After a conditional job offer has been made. |
| VA, Henry County | | | | Questions related to the job applicant’s criminal history have been removed from initial job application forms. |
| VA, Montgomery County | | | | Questions related to the job applicant’s criminal history have been removed from initial job application forms. |
| VA, Prince William County | | | | After the completion of the interview process. |
| WA, Spokane County | | | | After the job applicant has been determined qualified for the position. |
| WI, Dane County | | | | Questions related to the job applicant’s criminal history have been removed from initial job application forms. |
| WI, Milwaukee County | | | | Questions related to the job applicant’s criminal history have been removed from initial job application forms. |
*Note: The table is created based on the data provided by the National Employment Law Project.
Ban The Box by City Policies
125 US cities have a ‘ban the box’ policy, which prevents employers from inquiring into a candidate’s criminal record history until later in the hiring process.
However, candidates applying for sensitive positions may be subject to criminal history screening early in the application process.
Let’s dive deeper into each city’s ‘ban the box’ policy.
| State, City | Public-sector employers | Private-sector employers | Vendors/Contractors | When employers may ask |
|---|---|---|---|---|
| AR, Pine Bluff | | | | Employers are prohibited from inquiring into an applicant’s criminal history on an initial job application. |
| AZ, Glendale | | | | After a conditional job offer has been made. |
| AZ, Phoenix | | | | After the job applicant is selected as a finalist for the position. |
| AZ, Tucson | | | | After a conditional job offer has been made. |
| AZ, Tempe | | | | After the completion of the first interview or after the job applicant has been selected as the finalist for the position. |
| CA, Berkeley | | | | After a conditional job offer has been made. |
| CA, Carson | | | | After a conditional job offer has been made. |
| CA, Compton | | | | After a conditional job offer has been made. |
| CA, East Palo Alto | | | | After the job applicant is selected as a finalist for the position. |
| CA, Los Angeles | | | | After the job applicant is selected as a finalist for the position. |
| CA, Pasadena | | | | Questions related to the job applicant’s criminal history have been removed from the city job application. |
| CA, Richmond | | | | The employer is prohibited from asking about an applicant’s criminal history at any time unless mandated by State or Federal law.Applies to companies with more than 10 employees who do business with the city, as well as their subcontractors. |
| CA, Sacramento | | | | 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. |
| CA, San Francisco | | | | After a conditional job offer has been made. Applies to employers with at least 5 employees. |
| CO, Denver | | | | After a conditional job offer has been made. |
| CT, Bridgeport | | | | 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). |
| CT, Hartford | | | | After a conditional job offer has been made. |
| CT, New Haven | | | | After a conditional job offer has been made. |
| CT, Norwich | | | | After a conditional job offer has been made. |
| DE, Wilmington | | | | After a conditional job offer has been made. |
| FL, Clearwater | | | | After the city has determined qualified candidates. |
| FL, Daytona Beach | | | | Once the city is interested in hiring the job applicant. |
| FL, Fort Myers | | | | Later in the hiring process.. |
| FL, Gainesville | | | | City commissioners removed the criminal history inquiry from the city’s job application. |
| FL, Jacksonville | | | | After the job applicant has been selected for hire. |
| FL, Lakeland | | | | After the job applicant has been taken into consideration for the position. |
| FL, Orlando | | | | After a conditional job offer has been made. |
| FL, Pompano Beach | | | | After the initial job interview. |
| FL, Sarasota | | | | After the job applicant has been selected as a finalist for the position. |
| FL, St. Petersburg | | | | The city prohibited inquiring about a criminal record for city job applicants. |
| FL, Tallahassee | | | | After the city selects the top candidates. |
| FL, Tamarac | | | | After the employer has determined that the job applicant is qualified for the position (i.e., meets the basic job criteria). |
| FL, Tampa | | | | After a conditional job offer has been made. |
| GA, Albany | | | | Once the job applicant has been selected for an interview. |
| GA, Atlanta | | | | Once the city has determined that the job applicant is qualified for the position. |
| GA, Augusta | | | | After the job applicant has been selected as a finalist for the position. |
| GA, Columbus | | | | After completion of the hiring process. |
| GA, Savannah | | | | After the job applicant has been determined as a preliminary candidate for the position. |
| GA, South Fulton | | | | After the job applicant has been interviewed or once the city has determined the applicant is qualified for the position. |
| IA, Des Moines | | | | After a conditional job offer has been made. |
| IA, Waterloo | | | | After a conditional job offer has been made. Applies to private and city employers with 15 or more employees. |
| KS, Kansas City | | | | After the job applicant has been determined qualified and interviewed for the position. Applies to employers with 6 or more employees. |
| KS, Topeka | | | | After a conditional job offer has been made. |
| KY, Louisville | | | | After the job applicant has been determined qualified for the position. |
| LA, Baton Rouge | | | | Questions related to criminal history in the city job applications (including city contractors) are prohibited. |
| LA, New Orleans | | | | Questions related to criminal history in the city job applications (including city contractors) are prohibited. |
| MA, Boston | | | | Background checks are only required for sensitive positions. |
| MA, Cambridge | | | | After the job applicant has been determined qualified for the position. |
| MA, Worcester | | | | Background checks may only be done when mandated by law. |
| MD, Baltimore | | | | After a conditional job offer has been made. Applies to all employers with 10 or more full-time employees. |
| MI, Ann Arbor | | | | After a conditional job offer has been made. |
| MI, Detroit | | | | After a job applicant has been interviewed or has been determined qualified for employment by the city. |
| MI, East Lansing | | | | Criminal history related questions are prohibited during the pre-screening stage of the hiring process. |
| MI, Kalamazoo | | | | Criminal history related questions are prohibited on job applications. |
| MI, Ypsilanti | | | | Criminal history related questions are prohibited on job applications. |
| MN, Minneapolis | | | | After the job applicant has been determined qualified for the position. |
| MN, St. Paul | | | | After the job applicant has been determined qualified for the position. |
| MO, Columbia | | | | After a conditional job offer has been made. |
| MO, Kansas City | | | | After the job applicant has been determined qualified and interviewed for the position. |
| MO, St. Louis | | | | After the job applicant has been determined qualified for the position.Applies to public and private employers with 10 or more employees. |
| NC, Asheville | | | | Questions related to the job applicant’s criminal history have been removed from initial job application forms. |
| NC, Carrboro | | | | Questions related to the job applicant’s criminal history have been removed from initial job application forms. |
| NC, Charlotte | | | | Questions related to the job applicant’s criminal history have been removed from initial job application forms. |
| NC, Durham City | | | | After a conditional job offer has been made. |
| NC, New Bern | | | | After a conditional job offer has been made. |
| NC, Spring Lake | | | | The town may review a job applicant’s criminal history on a case-by-case basis. |
| NC, Wilmington | | | | Later in the hiring process. |
| NC, Winston-Salem | | | | Questions related to the job applicant’s criminal history have been removed from initial job applications. |
| NE, North Las Vegas | | | | During the initial interview. |
| NY, Buffalo | | | | After a job application has been submitted, but not before the initial interview. |
| NY, Ithaca | | | | After the job applicant has been selected as a finalist for the position. |
| NY, Kingston | | | | During the job interview. |
| NY, New York City | | | | After the employer has assessed a candidate’s qualification and a conditional job offer has been made. Applies to public and private employers with more than 4 employees. |
| NY, Newburgh | | | | During the job interview. |
| NY, Rochester | | | | After the initial job interview. |
| NY, Syracuse | | | | After the job applicant has been determined qualified for the position and a conditional job offer has been made. |
| NY, Woodstock | | | | Questions related to the job applicant’s criminal history have been removed from initial job application forms. |
| NY, Yonkers | | | | Questions related to the job applicant’s criminal history have been removed from initial job application forms. |
| OH, Akron | | | | Questions related to the job applicant’s criminal history have been removed from initial job application forms. |
| OH, Alliance | | | | Background check may only be required before the job applicant is certified for an interview. |
| OH, Canton | | | | After the job applicant has been determined qualified for the position. |
| OH, Cincinnati | | | | After a conditional job offer has been made. |
| OH, Cleveland | | | | After the job applicant has been selected as a finalist for the position. |
| OH, Massillon | | | | After the city has determined the best candidates for the position. |
| OH, Newark | | | | Questions related to the job applicant’s criminal history have been removed from initial job application forms. |
| OH, Warren | | | | After a conditional job offer has been made. |
| OH, Youngstown | | | | After a conditional job offer has been made. |
| OR, Portland | | | | After a conditional job offer has been made. Applies to private employers with at least 6 employees as well as city employers. |
| PA, Allentown | | | | After a conditional job offer has been made. |
| PA, Bethlehem | | | | After the job applicant has been selected as a finalist for the position. |
| PA, Lancaster | | | | After the job applicant has been selected as a finalist for the position. |
| PA, Philadelphia | | | | After a conditional job offer has been made.. |
| PA, Pittsburgh | | | | Questions related to the job applicant’s criminal history have been removed from initial job application forms. |
| PA, Reading | | | | After a conditional job offer has been made. |
| PA, York | | | | Questions related to the job applicant’s criminal history have been removed from initial job application forms. |
| RI, Providence | | | | Once the employer has determined that the job applicant meets the minimum job criteria based on qualifications and ability. |
| SC, Aiken | | | | After a conditional job offer has been made. |
| SC, Columbia | | | | After a conditional job offer has been made. |
| TN, Chattanooga | | | | Only after a job application has been submitted. |
| TN, Memphis | | | | 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. |
| TN, Nashville | | | | Questions related to the job applicant’s criminal history have been removed from initial job application forms. |
| TX, Austin | | | | After a conditional job offer has been made. Applies to employers with at least 15 employees |
| TX, DeSoto | | | | Questions related to the job applicant’s criminal history have been removed from initial job application forms. |
| TX, San Antonio | | | | After a conditional job offer has been made. |
| VA, Alexandria | | | | After a conditional job offer has been made. |
| VA, Blacksburg | | | | Once the job applicant has been selected as a finalist for the position. |
| VA, Charlottesville | | | | Background checks are allowed only before making a final employment offer. |
| VA, Danville | | | | After a conditional job offer has been made. |
| VA, Fredericksburg | | | | After a conditional job offer has been made. |
| VA, Harrisonburg | | | | After a conditional job offer has been made. |
| VA, Newport News | | | | Questions related to the job applicant’s criminal history have been removed from initial job application forms. |
| VA, Norfolk | | | | Questions related to the job applicant’s criminal history have been removed from initial job application forms. |
| VA, Petersburg | | | | After a conditional job offer has been made.. |
| VA, Portsmouth | | | | Questions related to the job applicant’s criminal history have been removed from initial job application forms. |
| VA, Richmond | | | | Questions related to the job applicant’s criminal history have been removed from initial job application forms. |
| VA, Staunton | | | | Interviewed job applicants may disclose their criminal history only after interviewing. |
| VA, Virginia Beach | | | | After a conditional job offer has been made. |
| WA, Seattle | | | | After the employer has determined qualified applicants. |
| WA, Spokane | | | | employees, but only after the employer has determined that the applicant meets the minimum job qualifications. |
| WA, Tacoma | | | | After completion of the hiring process. |
| WI, Madison | | | | After a conditional job offer has been made. |
| WI, Milwaukee | | | | Background checks are only allowed when the job applicant has been considered eligible for the position. |
*Note: The table is created based on the data provided by the National Employment Law Project.
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