Ban the Box Laws

State & Local Ban the Box Laws

View a state-by-state overview of current Ban the Box laws, including a list of local ordinances.

This content is provided for informational purposes only and does not constitute legal advice.

Alabama

Alabama does not currently have a statewide Ban the Box law.

Local Ordinances: Birmingham

Alaska

Alaska does not currently have a statewide Ban the Box law.

Arizona

Arizona’s statewide Ban the Box law prohibits public employers are prohibited from asking about an applicant’s criminal history until after an initial interview.

Local Ordinances: Glendale, Maricopa County, Phoenix, Pima County, Tempe, Tucson

Arkansas

Arkansas does not currently have a statewide Ban the Box law. 

Local Ordinances: Pulaski County

California

California’s statewide Ban the Box law prohibits public and private employers with 5 or more employees from asking about criminal history on job applications or during interviews. Background checks may be conducted after a conditional job offer has been made.

Local Ordinances: Alameda County, Berkeley, Carson, Compton, East Palo Alto, LA City, LA County, Oakland, Pasadena, Richmond, Sacramento, San Francisco, Santa Clara County.

Colorado

Colorado’s statewide Ban the Box law known as the “Colorado Chance to Compete Act” prohibits private employers from asking about an applicant’s criminal history on job applications. Background checks may be conducted later in the hiring process but cannot disqualify candidates solely based on criminal history without considering their qualifications. Public employers may not conduct a background check until an applicant is deemed a “finalist”.

Local Ordinances: Denver

Connecticut

Connecticut’s statewide Ban the Box law known as the “Fair Chance Employment Act” prohibits private and public employers from inquiring about an applicant’s criminal history on job applications.

Local Ordinances: Bridgeport, Hartford, New Haven, Norwich

Delaware

Delaware’s statewide Ban the Box law prohibits public employers from asking about an applicant’s criminal history on job applications or before a conditional job offer has been made.

Local Ordinances: New Castle County, Wilmington

District of Columbia

District of Columbia’s statewide Ban the Box law prohibits private and public employers with 11 or more employers from asking about an applicant’s criminal history on job applications or during the interview process. Background checks may be conducted after a conditional job offer has been made.

Florida

Florida does not currently have a statewide Ban the Box law.

Local Ordinances: Broward County, Clearwater, Daytona Beach, Fort Myers, Gainesville, Jacksonville, Miami-Dade County, Orange County, Orlando, Pompano Beach, Sarasota, St Petersburg, Tamarac,  Tampa, Tallahassee

Georgia

Georgia’s statewide Ban the Box law prohibits public employers from automatically disqualifying applicants due to criminal history, allows limited exemptions for sensitive roles, and defers criminal history inquiries until later in the hiring process.

Local Ordinances: Albany, Atlanta, Augusta, Cherokee County, Columbus, Fulton County, Macon-Bibb County, Savannah, South Fulton

Hawaii

Hawaii’s statewide Ban the Box law prohibits public and private employers from inquiring about criminal history until after a conditional job offer is made, limiting the use of convictions unless it would affect the position, and prohibiting the consideration of convictions older than 10 years, excluding periods of incarceration.

Idaho

Idaho does not currently have a statewide Ban the Box law.

Illinois

Illinois Employee Background Fairness Act prohibits public and private employers with 15+ employees from requesting criminal background checks until after a conditional job offer has been made. Convictions cannot be used to deny an applicant unless it brings substantial risk to the position, property, or public safety.

Local Ordinances: Chicago

Indiana

Indiana’s statewide Ban the Box law prohibits state employers in the executive branches from inquiring about criminal history on job applications. Background checks are prohibited until later in the hiring process.

Iowa

Iowa does not currently have a statewide Ban the Box law.

Local Ordinances: Johnston County, Linn County, Waterloo

Kansas

Kansas’ statewide Ban the Box law prohibits state employers in the executive branches from inquiring about criminal history on initial job applications. Background checks can be conducted post application. Convictions cannot be used to deny a job interview.

Local Ordinances: Johnston County, Kansas City, Topeka, Wichita

Kentucky

Kentucky’s statewide Ban the Box law prohibits state employers in the executive branches from inquiring about criminal history on initial job applications. Background checks may be conducted post interview.

Local Ordinances: Louisville

Louisiana

Louisiana’s statewide Ban the Box law prohibits public and private employers from inquiring about criminal history until post interview or after a conditional job offer has been made. Positions such as law enforcement, corrections and other safety sensitive positions are exempt.

Local Ordinances: Baton Rouge, New Orleans

Maine

Maine’s statewide Ban the Box law prohibits state and private employers from inquiring about criminal history on job applications and until post interview.

Maryland

Maryland’s Criminal Record Screening Practices Act prohibits public employers and contractors and private employers with 15+ employees from inquiring about criminal history until post in person interview. Law enforcement, corrections, and other safety sensitive positions are exempt.

Local Ordinances: Baltimore, Montgomery County, Prince George’s County 

Massachusetts

Massachusetts’ statewide Ban the Box law prohibits public employers, contractors and private employers from inquiring about criminal history on job applications. Employers are also prohibited from using sealed or expunged records, felony convictions older than 10 years or misdemeanor convictions over 3 years to deny employment.

Local Ordinances: Boston, Cambridge, Worcester

Michigan

Michigan’s statewide Ban the Box law prohibits public employers from inquiring about criminal history on initial job applications. Background checks may be conducted during or after an interview.

Local Ordinances: Ann Arbor, Detriot, East Landing, Gensee County, Kalamazoo, Muskegon County

Minnesota

Minnesota’s statewide Ban the Box law prohibits public employers, contractors and private employers from inquiring about criminal history until selected for an interview or after a conditional job offer has been made. Employers cannot deny employment based on convictions unless it is directly related to the position.

Local Ordinances: Minneapolis, St. Paul

Mississippi

Mississippi does not currently have a statewide Ban the Box law.

Missouri

Missouri’s statewide Ban the Box law prohibits public employers from inquiring about criminal history on state executive branch applications. Positions where convictions are ineligible by law are exempt.

Local Ordinances: Columbia, Jackson County, Kansas City, St. Louis

Montana

Montana does not currently have a statewide Ban the Box law.

Nebraska

Nebraska’s statewide Ban the Box law prohibits all public employers from inquiring about criminal history until after the applicant is deemed qualified for the position. Law enforcement, certain school districts and other safety sensitive positions with mandated background check requirements are exempt.

Nevada

Nevada’s statewide Ban the Box law prohibits public employers from considering an applicant’s criminal record until the interview process is completed or a conditional job offer has been made.

Local Ordinances: North Last Vegas

New Hampshire 

New Hampshire’s statewide Ban the Box law prohibits public employers from inquiring about criminal history until the interview stage. Law enforcement, positions requiring a fidelity bond, and positions subject to state or federal legal or contractual hiring restrictions are exempt.

New Jersey

New Jersey’s Opportunity to Compete Act prohibits public and private employers from inquiring about criminal history until post interview. Employers are prohibited from inquiring or considering expunged records.

Local Ordinances: Atlantic City, Newark

New Mexico

New Mexico’s statewide Ban the Box law prohibits public employers and vendors as well as private employers with 4+ employees and licensing boards from inquiring about criminal history until deemed a “finalist”. Convictions cannot be used to automatically deny employment.

New York

New York’s statewide Ban the Box law prohibits public employers inquiring about criminal history until post interview and the agency has expressed interest in the applicant. Employers cannot deny employment based on convictions unless it is directly related to the position or poses risk.

Local Ordinances: Albany County, Buffalo, Dutchess County, Ithaca, Kingston, Newburgh, New York City, Rochester, Suffolk County, Syracuse, Tompkins County, Ulster County, Westchester County, Woodstock, Yonkers

North Carolina

North Carolina’s statewide Ban the Box law prohibits public employers from inquiring about criminal history on job applications. Background checks can be conducted after the final interview. Positions where the law prohibits criminal convictions are exempt.

Local Ordinances: Asheville, Buncombe County, Carrboro, Charlotte, Cumberland County, Durham City, Durham County, Forsyth County, Mecklenburg County, New Bern, New Hanover
County, Spring Lake, Wake County, Wilmington, Winston-Salem

North Dakota

North Dakota’s statewide Ban the Box law prohibits all public
employers from inquiring about criminal history until chosen for an interview. Positions
where the law prohibits criminal convictions are exempt.

Ohio

Ohio’s statewide Ban the Box law prohibits all public employers from inquiring about criminal history on job applications. For certain classes of public employees, felony convictions may only be considered if the offence was committed while in public service.

Local Ordinances: Alliance, Akron, Canton, Cincinnati, Cleveland, Cuyahoga County, Dayton, Franklin County, Hamilton County, Lucas County, Massillon, Newark, Stark County, Summit County, Warren, Youngstown

Oklahoma

Oklahoma’s statewide Ban the Box law prohibits all public employers are prohibited from inquiring about criminal history on job applicants. Safety sensitive roles and those required by law are exempt.

Oregon

Oregon’s statewide Ban the Box law prohibits public and private employers from inquiring about criminal history on job applications and until the initial interview. Law enforcement, criminal justice and other safety sensitive positions where convictions would deem disqualification by law are exempt.

Local Ordinances: Multnomah County, Portland

Pennsylvania

Pennsylvania’s statewide Ban the Box law prohibits public employers from inquiring about criminal history on job applications. Expunged records, arrests with no convictions and convictions unrelated to the position cannot be considered. Public and private employers are prohibited from denying an applicant based on convictions that are not relevant to the position. Law enforcement, security personnel, and other safety sensitive positions are
exempt.

Local Ordinances: Allegheny County, Allentown, Beaver County, Bethlehem, Lancaster, Northampton County, Philadelphia, Pittsburgh, Reading, York

Rhode Island

Rhode Island’s statewide Ban the Box law prohibits public and private employers from inquiring about criminal history until an interview. Positions where the law prohibits criminal convictions are exempt.

Local Ordinances: Providence

South Carolina

South Carolina does not currently have a statewide Ban the Box law.

Local Ordinances: Aiken, Columbia, Richland County, York County

South Dakota

South Dakota does not currently have a statewide Ban the Box law.

Tennessee

Tennessee’s statewide Ban the Box law prohibits public employers from inquiring about criminal history on job applications.

Local Ordinances: Chattanooga, Hamilton County, Memphis, Nashville, Shelby County

Texas

Texas does not currently have a statewide Ban the Box law. The Texas Regulatory Consistency Act prevents cities and counties from enforcing their own Ban the Box laws.

Utah

Utah’s statewide Ban the Box law prohibits public employers from inquiring about criminal history until post interview or after a conditional job offer has been made. Law enforcement, criminal justice, and other safety sensitive positions are exempt.

Vermont

Vermont’s statewide Ban the Box law prohibits public and private employers from inquiring about criminal history on job applications. Applicants have the right to provide an explanation for any convictions.

Virginia

Virginia’s statewide Ban the Box law prohibits public employers from inquiring about criminal history on job applications for state executive branch until after an initial interview. Law enforcement, school boards and other safety sensitive positions are exempt.

Local Ordinances: Alexandria, Arlington County, Blacksburg, Charlottesville, Danville, Fairfax County, Fredericksburg, Harrisonburg, Henry County, Montgomery County, Newport News, Norfolk, Petersburg, Portsmouth, Prince William County, Richmond, Roanoke, Staunton, Virginia Beach

Washington

Washington’s statewide Ban the Box law prohibits public and private employers from inquiring about criminal history and background checks until after they are deemed qualified for the position. Employers cannot exclude those with criminal records from the application process and cannot use convictions older than 10 years to deny employment.

Local Ordinances: Pierce County, Seattle, Spokane, Spokane County

West Virginia

West Virginia does not currently have a statewide Ban the Box law. 

Wisconsin

Wisconsin’s statewide Ban the Box law prohibits public employers from inquiring about criminal history on job applications and until an applicant has been deemed qualified for the position.

Local Ordinances: Dane County, Madison, Milwaukee, Milwaukee County

Wyoming

Wyoming does not currently have a statewide Ban the Box law.