{"id":395166,"date":"2026-04-14T12:10:15","date_gmt":"2026-04-14T17:10:15","guid":{"rendered":"https:\/\/ability-fl-prod.internetbrands.com\/ability-law\/?page_id=395166"},"modified":"2026-04-14T04:44:00","modified_gmt":"2026-04-14T09:44:00","slug":"ban-the-box-compliance-guide-why-your-current-application-is-a-lawsuit-magnet","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/smallbusiness\/employment-law-and-human-resources\/ban-the-box-compliance-guide-why-your-current-application-is-a-lawsuit-magnet.html","title":{"rendered":"\u201cBan the Box\u201d Compliance Guide: Why Your Current Application Is a Lawsuit Magnet"},"content":{"rendered":"\n
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\u201cBan the Box\u201d Compliance Guide: Why Your Current Application Is a Lawsuit Magnet<\/h1>\n\n
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\n By Catherine Hodder, Esq.<\/a> | Legally reviewed by Bridget Molitor, JD<\/a>\n | Last updated\n
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Editorial Note: We earn a commission from affiliate partner links on FindLaw. Commissions do not affect the editorial integrity of our legal content.<\/p>\n\n <\/div>\n \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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Key Takeaways<\/h2>\n

Applications for employment should comply with current federal, state, and local laws which include \u201cBan the Box\u201d and Fair Chance laws. Compliance requires removing conviction checkboxes and postponing questions about criminal history until a conditional job offer is made.<\/p>\n\n <\/div>\n <\/div>\n<\/div>\n\n\n

Employers want to hire candidates who have the right skills, education, and experience. They also want to make sure the person they hire does not pose a risk to safety, liability, or reputation. It is not a matter of if<\/em> an employer can ask about criminal history<\/span> or perform criminal <\/span>background checks<\/span> but when<\/em> they can do so in the hiring process<\/span>.<\/p>\n

Laws About Criminal History<\/span> and Background Checks<\/span><\/h2>\n

Federal, state, and local laws<\/span> regulate background checks<\/span> to protect both job seekers and employers. To promote fair hiring practices<\/span> and avoid lawsuits, there are a few laws hiring managers<\/span> should know:<\/p>\n

Ban the Box and Fair Chance Act<\/span> Hiring Laws<\/h3>\n

Many states and cities have passed \u201cBan the Box<\/a>\u201d or \u201cFair Chance\u201d laws. These laws are designed to eliminate bias against those with prior criminal convictions<\/span>. Ban the Box laws<\/span> remove the checkbox<\/span> on job applications<\/span> that asks whether the applicant has ever been convicted of a crime.<\/p>\n

Fair Chance in Hiring Laws go a step further. They usually prevent an employer from asking criminal history<\/span> questions<\/span> until after an interview or a conditional offer of employment<\/span>. The application forms<\/span> would not ask for criminal history<\/span> information<\/span>. These laws apply to private employers<\/span>.<\/p>\n

The Fair Chance to Compete for Jobs Act<\/a> is a federal law<\/span> that prohibits federal agencies<\/span> from requesting criminal history<\/span> or conviction records<\/span> from job applicants<\/span> before an offer of employment.<\/p>\n

Currently, the states with either Ban the Box policies<\/span> or Fair Chance laws are California<\/span>, Colorado<\/span>, Connecticut<\/span>, the District of Columbia<\/span>, Hawaii<\/span>, Illinois<\/span>, Maine, Maryland<\/span>, Massachusetts<\/span>, Minnesota<\/span>, New Jersey<\/span>, New Mexico<\/span>, Oregon, Rhode Island<\/span>, Vermont, and Washington.<\/p>\n

The laws vary by state but typically only allow questions about an applicant\u2019s <\/span>criminal history<\/span> after a conditional job offer<\/span>. So timing is critical in these states.<\/p>\n

Equal Employment Opportunity Commission (EEOC<\/span>) Guidance<\/h3>\n

Even if your state and jurisdiction<\/span> does not have these laws, the U.S. Equal Employment Opportunity Commission<\/span> (EEOC<\/span>) advises employers to avoid discrimination when making employment decisions<\/span>. The EEOC<\/span>\u2019s guidance<\/span><\/a> encourages employers to delay criminal history<\/span> inquiries<\/span> until after making a conditional job offer<\/span> and to consider if the criminal conviction<\/span> is job-related<\/span>.<\/p>\n

Fair Credit Reporting Act<\/span> (FCRA<\/span>)<\/h3>\n

The federal Fair Credit Reporting Act<\/span> (FCRA<\/span>)<\/a> requires employers who use third-party companies to run background checks<\/span> to notify the applicant and get their written consent before doing it.<\/p>\n

Creating a Legally Compliant Application<\/h2>\n

First, check your state laws<\/span> and local jurisdictions<\/span> to determine if there are Ban the Box or Fair Chance laws. Then review your initial <\/span>job application<\/span> and remove any references to criminal records<\/span>.<\/p>\n

Prohibited Application Questions<\/h3>\n

Any questions about criminal history<\/span> such as, \u201cin the past 7 years, have you been arrested, charged, or convicted\u2026\u201d may get you in trouble. Remove these questions from your application:<\/p>\n