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Ban the Box Laws by Jurisdiction

So-called “Ban the Box” laws have swept the nation, with numerous states, cities, and counties enacting their own version of a law. These laws typically restrict when an employer is allowed to ask candidates about prior criminal history during the hiring process. While each state and local law has its own nuances, including notice, job-related assessment, and posting requirements, the basic principle remains the same, which is to regulate the point in time when an employer can inquire about criminal history to allow an applicant to get their foot in the door.

This interactive map has been designed to help employers better understand ban-the-box laws and help them determine when they can inquire into and use an applicant’s criminal history for employment purposes. This map is geared specifically toward private employers only.

 
 

Ban the Box and Fair Chance Hiring Laws

The chart below describes “Ban-the-Box” and Fair Chance hiring laws for private employers by jurisdiction. For more information on an individual jurisdiction’s law, click the link in the jurisdiction’s name. Note that the information contained in each state/local summary contains the highlights and is not meant to be a comprehensive discussion of each ban the box law and also does not include other employment laws that might restrict employer consideration of criminal records, including in California, Illinois, New York, and Wisconsin. Moreover, any notice requirements in a state/local law may be in addition to and, thus, do not replace pre-adverse and adverse action notice requirements under the Fair Credit Reporting Act. Finally, employers in all jurisdictions should be mindful of the Equal Employment Opportunity Commission’s guidance on employer consideration of arrests and convictions for employment purposes. Employers should always speak with experienced employment counsel about any legal requirements that may apply to their given situation.

Ban the Box Jurisdictions by State

Applies to Private Employers

State / Jurisdiction
When Employers May Ask
Effective/Modified Date
After conditional offer of employment
Jan. 1, 2018
After conditional offer of employment
Jan. 22, 2017
After conditional offer of employment
Oct. 01, 2018
After initial written application is submitted
June 24, 2019
After initial written application is submitted
Jan. 1, 2017
After conditional offer of employment
Dec. 17, 2014
After conditional offer of employment
July 15, 1998
After the applicant has been deemed qualified for the position and notified that he or she has been selected for an interview (or, if no interview, after a conditional offer of employment)
Sept. 15, 2020
After an interview
Jan. 1, 2015
After conditional offer of employment
July 1, 2020
During an interview or after the applicant has been determined qualified for the position
After initial interview
Feb. 29, 2020
After conditional offer of employment
Aug. 13, 2014
After conditional offer of employment
Jan. 1, 2015
After initial interview
Jan. 3, 2015
After initial interview
Oct. 13, 2018
After conditional offer of employment
Jan. 1, 2014
After conditional offer of employment
Dec. 1, 2014
After initial interview
June 9, 2018
After initial interview
Jan. 1, 2021
After Initial interview
March 1, 2015
After initial written application is submitted
July 1, 2019
After conditional offer of employment
July 29, 2021
After initial interview
June 10, 2013
After initial interview
Nov. 18, 2014
After initial interview
Aug. 25, 2020
After initial application is submitted
March 3, 2019
After initial interview
Jan. 1, 2016
After conditional offer of employment
July 1, 2016
After conditional offer of employment
March 14, 2016
After initial interview
Jan. 1, 2014
After conditional offer of employment
March 24, 2016
During the initial interview or once the applicant has been deemed otherwise qualified for the position
July 1, 2017
After conditional offer of employment
Nov. 10, 2018
After the applicant is deemed “otherwise qualified” for the position sought
June 6, 2018
After an initial screening of applications or resumes to eliminate unqualified applicants
Nov. 13, 2013
After initial job interview
June 14, 2018

*Please note: Accurate prepared these materials for informational purposes only. These materials are not intended to be comprehensive, and are not a substitute for, and should not be construed as, legal advice. Accurate does not warrant any statements in these materials. Employers should direct questions involving their organization’s compliance with or interpretation or application of laws or regulations and any additional legal requirements that may apply, to their own legal counsel.