{"id":391442,"date":"2026-02-10T11:36:57","date_gmt":"2026-02-10T16:36:57","guid":{"rendered":"https:\/\/ability-fl-prod.internetbrands.com\/ability-law\/?page_id=391442"},"modified":"2026-02-10T11:26:27","modified_gmt":"2026-02-10T16:26:27","slug":"ban-the-box-laws-by-state","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/employment\/hiring-process\/ban-the-box-laws-by-state.html","title":{"rendered":"‘Ban the Box’ Laws By State"},"content":{"rendered":"\n
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'Ban the Box' Laws By State<\/h1>\n\n
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\n By Catherine Hodder, Esq.<\/a> | Legally reviewed by Laura Temme, Esq.<\/a>\n | Last updated\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n\n\n

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\u201cBan the box\u201d laws<\/span> are fair chance hiring<\/span> regulations that prohibit employers from asking about an applicant’s <\/span>criminal history<\/span> on initial job applications<\/span>. These laws aim to reduce discrimination by allowing candidates to be evaluated on their skills and experience before criminal background checks<\/span> or conviction inquiries occur. While specific rules vary by state and jurisdiction, the primary goal is to provide formerly incarcerated individuals a better opportunity to reintegrate into the workforce.<\/p>\n\n <\/div>\n\n\n\n

\u201cBan the box\u201d or \u201cfair chance\u201d laws prohibit employers from asking about prior convictions on a job candidate<\/span>\u2019s initial employment application<\/span>. After an interview or conditional job offer<\/span>, a company may ask questions about prior convictions.<\/p>\n

Under the federal Fair Chance to Compete for Jobs Act<\/span>, applicants for federal positions are not automatically disqualified based on criminal history<\/span>. Federal agencies or federal contractors may ask about criminal history<\/span> after they extend a\u00a0conditional offer of employment<\/span> to an applicant. The goals of \u201cban the box\u201d laws<\/span> are to give applicants fairer opportunities, broaden employers’ talent pools, reduce discrimination and bias, and help formerly incarcerated individuals reintegrate into the workforce and society.<\/p>\n

In this article, we\u2019ll explain where \u201cban the box\u201d rules come from and which states have them. Consider contacting a local employment attorney<\/u><\/a> if you believe you were unfairly denied employment based on your criminal history<\/span>, have questions about your rights under your state’s fair chance law, or need help navigating the hiring process<\/span> as someone with a criminal record<\/span>.<\/p>\n

Origins of \u201cBan the Box\u201d<\/h2>\n

The term \u201cban the box\u201d refers to eliminating the checkbox on\u00a0job applications<\/span>\u00a0that often asks whether applicants have ever been convicted of a crime. For many years, checking this box automatically disqualified applicants from consideration, preventing them from demonstrating their qualifications. By \u201cbanning the box,\u201d these laws remove the conviction record<\/span> checkbox from initial applications and delay criminal history<\/span> inquiries until later in the hiring process<\/span>.<\/p>\n

Hawaii<\/span> was the first state to enact \u201cban the box\u201d laws<\/span>. Other states have followed suit with their own laws regarding when an employer may ask questions about prior criminal history<\/span>. These laws aim to give applicants a fair chance and prevent them from being automatically disqualified. This allows a potential employer to assess an applicant based on experience and skills first.<\/p>\n

Federal Guidelines on Criminal History<\/span> in Hiring<\/h2>\n

At the federal level, the Fair Chance to Compete for Jobs Act<\/span><\/a> of 2019 (FCA) applies to federal agencies, federal contractors, and federal subcontractors. It prohibits these employers from requesting criminal history<\/span> information from applicants before making a conditional offer of employment<\/span>, with certain exceptions for positions involving\u00a0law enforcement<\/span>\u00a0or national security duties. The FCA aims to provide the same fair chance protections in federal hiring that many states have adopted for private employers<\/span>.<\/p>\n

The U.S. Equal Employment Opportunity Commission<\/span> (EEOC<\/span>)<\/a> provides guidance for all employers on avoiding discrimination when considering criminal records<\/span>. The EEOC<\/span> advises employers to avoid \u201cdisparate impact\u201d by waiting until after a conditional job offer<\/span> to ask about criminal history<\/span> and assessing the relevance of the crime to the position offered. Disparate impact refers to situations in which a seemingly neutral policy disproportionately harms protected groups.<\/p>\n

Under EEOC<\/span> guidelines, if an employer considers criminal records<\/span> during the hiring process<\/span>, they should determine if the conviction directly relates to the job requirement. They might consider:<\/p>\n