Know Your Candidate. Select With Confidence.

Call us at 877-439-3900

Back to Top

U.S. Ban the Box Regulations


Currently, 79 cities and counties and 15 states have initiated ban-the-box regulations, meaning employers cannot inquire about previous criminal offenses on applications. The following is a list of ban the box regulations by state. Please be advised this may not be a complete list, as new regulations and laws are enacted weekly.

BIB follows Ban the Box legislation closely and will update this list when new laws are passed, but you should check with your county, city or town government if you are unsure if such regulations are applicable where your business operates. If applicable, a link to the actual bill, regulation, memo or ordinance is available.

Look for email alerts or posts on our Twitter and LinkedIn pages for new bills and regulations.



Click your state to see your regulations.


Has at least one city or county Fair Chance Policy
Has a state law (may also have city or county Fair Chance Policies)



Ban the Box Regulations by State, County and City


Arizona

Pima County

  • Applies to county jobs
  • Bans the box

Tucson: Tucson Resolution >>

  • Applies to city jobs
  • Bans the box
  • Background checks performed only after contingent offer of employment

California

Statewide: CA Assembly Bill 218 >>

  • Applies to state agency, city, county and special district jobs
  • Bans the box
  • Postpones questions until later in the hiring process
  • Positions that require a background check by law are exempted from this mandate

Alameda County: Alameda Resoulution >>

  • Applies to county employers
  • Bans the box
  • Includes EEOC criteria for individualized assessment

Santa Clara County

  • Applies to county jobs
  • Bans the box

Berkeley: Berkeley Resolution >>

  • Applies to city jobs
  • Bans the box
  • Background checks performed only after conditional offer of employment
  • Background checks only required for some positions
  • Includes EEOC criteria for individualized assessment

Carson: Carson Resolution >>

  • Applies to city jobs
  • Bans the box
  • Includes EEOC criteria for individualized assessment

Compton: Compton Resolution >>

  • Applies to city jobs and contractors
  • Bans the box
  • Background check only after conditional offer of employment
  • Includes EEOC criteria for individualized assessment

Richmond: Richmond Resolution >>

  • Applies to city jobs and vendors
  • Bans the box
  • Background checks for otherwise qualified candidates
  • Includes EEOC criteria for individualized assessment

San Francisco: San Francisco Board of Supervisors Resolution 764-05 >> -and- San Francisco Fair Chance Ordinance >>

  • Applies to public and private employers
  • Bans the box
  • Prohibits a background check until after first live interview
  • Includes EEOC criteria for individualized assessment

Colorado

Statewide: CO House Bill 1263 >>

  • Applies to public employment
  • Bans the box
  • Background checks performed only after conditional offer of employment
  • Includes EEOC criteria for individualized assessment
  • Bars the use of non-convictions in determining whether to deny or withdraw an offer

Connecticut

Statewide: CT House Bill 5207 >>

  • Applies to public employment
  • Bans the box
  • Background checks only for those applicants deemed qualified
  • Includes EEOC criteria for individualized assessment
  • Requires employers to furnish a written letter of rejection stating the evidence received and the reason for rejection

Bridgeport: Bridgeport Resolution >>

  • Applies to city jobs
  • Bans the box
  • Background checksfor otherwise qualified candidates
  • Includes EEOC criteria for individualized assessment
  • Right to appeal

Hartford: Article VI >> -and- Article XIV >>

  • Applies to city jobs and vendors
  • Bans the box
  • Background checks performed only after conditional offer of employment
  • Background checks only required for some positions
  • Includes EEOC criteria for individualized assessment
  • Right to appeal

New Haven: New Haven Resolution >>

  • Bans the box
  • Background checks performed only after conditional offer of employment
  • Includes EEOC criteria for individualized assessment
  • Right to appeal
  • Provides copy of background check report

New London

  • Bans the box
  • Applies to city jobs

Norwich: Norwich Ordinance 16-11 >>

  • Applies to city jobs
  • Bans the box
  • Background checks performed only after conditional offer of employment

Delaware

Statewide: DE House Bill 167 >>

  • Applies to state, its agencies and political subdivision employment
  • Bans the box
  • Prohibits a background check until after first interview
  • Includes EEOC criteria for individualized assessment

New Castle County: New Castle County >>

  • Applies to county jobs
  • Bans the box

Wilmington: Wilmington Resolution >>

  • Applies to city jobs
  • Bans the box
  • Background check only after conditional offer of employment

Florida

Miami-Dade County:

  • Bans the box
  • Applies to county jobs with the exception of police, fire-rescue or corrections departments
  • Background checks processed only once applicant becomes finalist for position

Daytona Beach:

  • Bans the box
  • Applies to city jobs (with the exception of police and fire departments as well as those with direct contact with children)

Fort Myers:

  • Bans the box
  • Applies to city jobs

Jacksonville: Ordinance 2008-911-E >>

  • Applies to city jobs
  • Bans the box
  • Background check only after applicant is selected for hire
  • Includes EEOC criteria for individualized assessment
  • Right to appeal

Orlando

  • Applies to city jobs
  • Bans the box

Tallahassee

  • Applies to city jobs
  • Bans the box

Tampa: Ordinance 2013-3 >>

  • Applies to city jobs
  • Bans the box
  • Background check only after conditional offer of employment
  • Right to provide additional information if found ineligible

Georgia

Statewide: GA Executive Order >>

  • Bans the box
  • Allows for qualified applicants to discuss any inaccuracies and/or contest the content and relevance of criminal records
  • Applies to state jobs

Fulton County: Fulton County Resolution >>

  • Applies to county jobs
  • Bans the box
  • Background check only after first interview
  • Includes EEOC criteria for individualized assessment
  • Provides copy of background check report

Albany

  • Applies to city jobs
  • Bans the box

Atlanta: Atlanta Resolution >>

  • Applies to city jobs
  • Bans the box
  • Background check only after conditional offer of employment

Savannah

  • Applies to city jobs
  • Bans the box

Hawaii

Statewide: HI House Bill 3528 >>

  • Applies to public and private employment
  • Bans the box
  • Background checks performed only after conditional offer of employment
  • Employers may also only consider conviction records from last 10 years

Illinois

Statewide: IL House Bill 5701 >>

  • Applies to private employers with 15 or more employees and employment agencies.
  • Bans the box
  • Background checks performed only after conditional offer of employment
  • Civil penalties can be levied against violators.
  • Effective January 1, 2015.

Chicago: Chicago Mayors Initiative >>

  • Applies to city employers
  • Bans the box
  • Prohibits a background check until after first live interview
  • Includes EEOC criteria for individualized assessment

Indiana

Indianapolis: General Ordinance 2 >>

  • Applies to city and county jobs, licensing and vendors
  • Bans the box
  • Background check only after first interview
  • Includes EEOC criteria for individualized assessment

Kansas

Wichita

  • Applies to city jobs
  • Bans the box

Kentucky

Louisville: Louisville Resolution >>

  • Applies to city jobs and vendors
  • Background checks for otherwise qualified candidates
  • Includes EEOC criteria for individualized assessment

Louisiana

Baton Rouge

  • Applies to city jobs (does not apply to police or airport employees)
  • Bans the box

New Orleans: New Orleans Resolution >>

  • Applies to city jobs
  • Background checks for otherwise qualified candidates
  • Includes EEOC criteria for individualized assessment
  • Provides copy of background check report

Maryland

Statewide: MD Senate Bill 4 >>

  • Applies to state employment
  • Bans the box

Montgomery County: Montgomery Resolution >>

  • Applies to public and private employers
  • Background checks performed only after conditional offer of employment
  • Includes EEOC criteria for individualized assessments
  • Provides copy of background check report

Prince George's County: Prince George's Resolution >>

  • Applies to public and private employers with 25 or more full-time employees
  • Bans the box
  • Inquiry or background check only after first interview
  • Employers considering criminal history should use an individualized assessment
  • If rescinding an offer of employment based on criminal history, employers must provide a copy of the report to the applicant, inform the applicant of the record(s) that have caused the disqualification and must afford the applicant seven days to report any inaccuracies in the report

Baltimore: Baltimore Resolution >>

  • Bans the box
  • Background checks performed only after conditional offer of employment
  • Applies to employers with 10 or more full-time employees within the city
  • Does not ban criminal history inquiry related to some jobs if other laws mandate the inquiry

Massachusetts

Statewide: MA Senate Bill 2583 >>

  • Applies to public and private employment
  • Bans the box
  • Provides copy of background check to applicant

Boston: Boston Resolution >>

  • Bans the box
  • Background checks for otherwise qualified candidates
  • Background checks only required for some positions
  • Applies to vendors or contractors working with the City
  • Includes EEOC criteria for individualized assessment

Cambridge: Cambridge Resolution >>

  • Applies to city government positions and vendors working with city
  • Bans the box
  • Background checks for otherwise qualified candidates
  • Applies to vendors or contractors working with the city
  • Includes EEOC criteria for individualized assessment
  • Right to appeal prior to adverse action
  • Provides copy of background check to applicant

Worcester: Worcester Resolution >>

  • Applies to city jobs and vendors
  • Bans the box
  • Background checks for otherwise qualified candidates
  • Background checks only required for some positions
  • Includes EEOC criteria for individualized assessment
  • Right to appeal
  • Provides copy of background check to applicant

Michigan

Gennesee County, MI: Muskegon Resolution >>

  • Applies to county jobs
  • Bans the box
  • Background check only after conditional offer of employment

Muskegon County, MI: Muskegon Resolution >>

  • Applies to county jobs
  • Bans the box

Ann Arbor: Ann Arbor Resolution >>

  • Applies to city
  • Bans the box
  • Background check only after conditional offer of employment
  • Includes EEOC criteria for individualized assessment

Detroit: Detroit Resolution >>

  • Applies to city jobs and vendors
  • Bans the box
  • Background checks for otherwise qualified candidates

East Lansing: East Lansing Resolution >>

  • Applies to city jobs
  • Bans the box
  • Background checks for otherwise qualified candidates

Kalamazoo

  • Applies to city jobs
  • Bans the box

Minnesota

Statewide: MN Senate Bill 523 >>

  • Applies to public and private employment
  • Bans the box
  • Background checks performed only after conditional offer of employment
  • Penalties can be levied against private employers for failure to comply

Minneapolis: Minneapolis Resolution >>

  • Applies to city employers
  • Bans the box
  • Background checks only for those applicants deemed qualified
  • Background checks required for only certain positions
  • Includes EEOC criteria for individualized assessment

St. Paul: St. Paul Resolution >>

  • Applies to city employers
  • Bans the box
  • Background checks for otherwise qualified candidates
  • Background checks required for only certain positions
  • Includes EEOC criteria for individualized assessment

Missouri

Columbia: Columbia Resolution >>

  • Applies to public and private employers
  • Bans the box
  • Background checks only after conditional offer of employment

Kansas City: KC Ordinance 130230 >>

  • Applies to city jobs
  • Bans the box
  • Background checks for otherwise qualified candidates
  • Includes EEOC criteria for individualized assessment

Nebraska

Statewide: NE Legislative Bill 907 >>

  • Applies to public employment (state, counties and cities)
  • Bans the box

New Jersey

Statewide: NJ Assembly House Bill 1999 >> -and- Senate Bill 1484 >>

  • Applies to public and private employers
  • Bans the box
  • Prohibits a background check until after first interview
  • Employers may not consider expunged or pardoned convictions

Atlantic City: Atlantic City Ordinance 83 >>

  • Applies to city jobs and vendors
  • Bans the box
  • Background check only after conditional offer of employment
  • Includes EEOC criteria for individualized assessment
  • Right to appeal

Newark: Newark Resolution >>

  • Applies to city jobs, private employers, licensing and housing
  • Bans the box
  • Background check only after conditional offer of employment
  • Background checks only required for some positions
  • Includes EEOC criteria for individualized assessment
  • Right to appeal
  • Provides copy of background check report

New Mexico

Statewide: NM Senate Bill 254 >>

  • Applies to public employment
  • Bans the box
  • States that convictions "may not operate as an automatic bar" and that non-convictions and misdemeanor convictions not involving moral turpitude cannot be considered

New York

Buffalo: Buffalo Resolution >>

  • Applies to city jobs, vendors and private employers
  • Bans the box
  • Background check only at or after first interview

New York City: Executive Order 151 >> - and - Fair Chance Act >>

  • Applies to private employers with at least 4 employees
  • Bans the box
  • Conditional offer of employment before inquiry into criminal history
  • Deems it an unlawful discriminatory practice for any person to deny or act upon adversely an applicant for employment because of criminal convictions
  • Individualized assessments enforced per State Correction Law Article 23-A
  • Notice procedure for criminal history inquiry
  • After Individualized Assessment, applicant has right to respond within 3 days and position must be held open
  • Some exceptions apply (i.e. if state or federal law require background checks)

Newburgh

  • Applies to city jobs
  • Bans the box

Rochester: Rochester Resolution >>

  • Applies to city jobs, vendors and private employers
  • Bans the box
  • Background check only at or after first interview

Syracuse: Syracuse Resolution >>

  • Applies to city employees and contractors
  • Effective March 22, 2015
  • Before recession of employment offer, employers must:
    • Provide a copy of the report to the applicant and advise of offenses that may disqualify the applicant from employment
    • Comply with New York State's Correction Law Article 23-A
    • Review all information furnished by applicant

North Carolina

Cumberland County

  • Applies to county jobs
  • Bans the box

Durham County: Durham County Resolution >>

  • Applies to county jobs
  • Bans the box
  • Background check only after applicant selected for hire
  • Includes EEOC criteria for individualized assessment
  • Right to appeal
  • Provides copy of background check report

Carrboro: Carrboro Resolution >>

  • Applies to town jobs
  • Bans the box
  • Includes EEOC criteria for individualized assessment

Charlotte: Charlotte Resolution >>

  • Applies to town jobs
  • Bans the box

Durham: City of Durham Resolution >>

  • Applies to city jobs
  • Bans the box
  • Background check only after conditional offer of employment

Spring Lake

  • Applies to town jobs
  • Bans the box
  • Includes EEOC criteria for individualized assessment

Ohio

Statewide

  • Applies to state jobs
  • Bans the box
  • Effective June 1, 2015

Canton: Canton Resolution >>

  • Applies to city jobs
  • Bans the box
  • Background checks for otherwise qualified candidates
  • Includes EEOC criteria for individualized assessments

Cincinnati: Cincinnati Resolution >>

  • Applies to city jobs
  • Bans the box
  • Background checks for otherwise qualified candidates
  • Includes EEOC criteria for individualized assessments
  • Right to appeal
  • Provides copy of background check report

Cleveland

  • Applies to city jobs
  • Bans the box

Massillon: Massillon Resolution >>

  • Applies to city jobs
  • Bans the box
  • Includes EEOC criteria for individualized assessments

Youngstown: Youngstown Resolution >>

  • Applies to city jobs
  • Bans the box
  • Background check only after conditional offer of employment

Oregon

Oregon Statewide: House Bill 3025 >>

  • Bans the box
  • Applies to private and public employers
  • May ask about former criminal convictions during interview but not before

Multnomah County: Multnomah Resolution >>

  • Bans the box
  • Includes EEOC criteria for individualized assessments
  • Applies to county employment

Pennsylvania

Allegheny County

  • Applies to county jobs
  • Bans the box

Allentown

  • Bans the box
  • Applicable to city jobs except police officers, firefighters and 911 operators
  • Moves background check to after conditional offer of employment

Philadelphia: Philadelphia Bill 110111-A >>

  • Applies to public and private employers
  • Bans the box
  • Background check only after applicant selected for hire

Pittsburgh: For Employees >> -and- For Contractors >>

  • Applies to city jobs and contractors
  • Bans the box
  • Background checks for otherwise qualified candidates
  • Right to appeal

Reading: Current application [without questions about convictions]

  • Applies to city jobs only
  • Bans the box

Rhode Island

Statewide: RI House Bill 5507 >>

  • Applies to public and private employment
  • Bans the box
  • Prohibits a background check until after first interview

Providence

  • Applies to city jobs
  • Bans the box
  • Background checks for otherwise qualified candidates

Tennessee

Memphis: Memphis Resolution >>

  • Applies to city jobs
  • Bans the box
  • Background checks for otherwise qualified candidates
  • Includes EEOC criteria for individualized assessment
  • Right to appeal
  • Provides copy of background check report

Texas

Travis County: Travis Resolution >>

  • Applies to county jobs
  • Bans the box
  • Background check only after applicant is selected for hire
  • Background checks only required for some positions
  • Includes EEOC criteria for individualized assessment

Austin: Austin Resolution >>

  • Applies to city jobs
  • Bans the box
  • Background checks for otherwise qualified candidates
  • Background checks only required for some positions

Vermont

Statewide: Executive Order >>

  • Applies to state jobs
  • Bans the box
  • Some positions exempt from policy

Virginia

Statewide: Executive Order >>

  • Applies to state jobs
  • Bans the box
  • Disqualification because of criminal history should be "job-related and consistent with business necessity"
  • Background check only after candidate authorization and consideration for a certain position

Arlington County: Arlington Resolution >>

  • Applies to county jobs
  • Bans the box
  • Questions about criminal history may be asked at interview stage

Alexandria: Alexandria Resolution >>

  • Applies to city jobs
  • Bans the box
  • Background check only after conditional offer of employment

Newport News: Newport News Resolution >>

  • Applies to city jobs
  • Bans the box
  • Includes EEOC criteria for individualized assessment

Norfolk: Norfolk Resolution >>

  • Applies to city jobs
  • Bans the box
  • Includes EEOC criteria for individualized assessment

Petersburg: Petersburg Resolution >>

  • Applies to city jobs
  • Bans the box

Portsmouth: Portsmouth Resolution >>

  • Applies to city jobs
  • Bans the box

Richmond: Richmond Resolution >>

  • Applies to city jobs
  • Bans the box

Washington

Seattle: Seattle Resolution >>

  • Applies to public and private employers
  • Bans the box
  • Background checks for otherwise qualified candidates
  • Background checks only required for some positions
  • Right to appeal
  • Provides copy of background check report

Spokane: Spokane Resolution >>

  • Applies to city jobs
  • Bans the box

Tacoma

  • Applies to city jobs
  • Bans the box

Wisconsin

Dane County

  • Applies to county jobs
  • Bans the box

Milwaukee County: Milwaukee Resolution >>

  • Applies to county jobs
  • Bans the box

Washington, D.C.

District-wide: Fair Criminal Record Screening Act of 2014 >>

  • Applies to public and private employers who employ more than 10 people within the District
  • Bans the box
  • Background checks performed only after conditional offer of employment


What is "Ban the Box"?


"Ban the Box" is a term that is used to describe initiatives and laws that remove the question on a job application about an individual's conviction history. Its purpose is to enable ex-offenders to display their qualifications in the hiring process before being asked about their criminal records, which may make it easier for them to get hired.

Additionally, there may be other elements within "Ban the Box" laws about when a criminal background check can be initiated, typically later in the process such as after an initial interview. "Ban the Box" laws can apply to private and/or public employment.

Each specific law should be reviewed by your team and counsel to ensure compliance. You should check with your county, city or town government if you are unsure if any regulations are applicable where your business operates.