Most ex-offenders struggle with integrating into society and rebuilding their lives because of stigma and continue paying for their crimes even after serving their sentence. Finding a job and keeping stable employment is one of the most challenging aspects of life after prison.
This is mainly because many employers are reluctant to hire ex-convicts. For some employers, one look at the job application form is enough to completely eliminate an applicant from all considerations simply because they marked the criminal history check box.
Ban the Box laws exist to stop this from happening.
What Is Ban the Box?
Ban the Box is an umbrella term that encapsulates all legal acts that make it easier for ex-convicts to find employment after serving their sentence in prison.
The Ban the Box campaign started as a civil rights movement that advocated fair job opportunities and stood against discrimination towards ex-offenders. Namely, the Ban the Box campaign requested the removal of the criminal history check box from job application forms, which is how it got its name.
Ban the Box laws allow ex-offenders to showcase their qualities and qualifications during the recruitment process, unaffected by prejudice. Without being burdened by their criminal records during job interviews, employers would be more likely to offer an ex-convict a job opportunity and potentially hire them even after they learn about their criminal past.
The most important premise of the Ban the Box movement is that giving ex-offenders a fair chance to get a job is ultimately good for society, as they would be more likely to re-offend if they are unemployed.
Ban the Box Movement History
Even though Hawaii was the first state in the US to implement laws that protect the right of a fair chance for employment for ex-offenders all the way back in 1998, the Ban the Box movement officially started in 2004.
It was led by the national civil rights movement group called All of Us or None, comprised of formerly-incarcerated individuals and their families. The movement began quickly after the Peace and Justice Community Summits identified job and housing discrimination as a massive problem for ex-offenders which seriously deteriorates the process of resocialization and their return to the community.
During its initial stage, the campaign was mainly focused on getting employers from the public sector to remove the criminal history checkbox. The movement quickly spread across the country and received the support of legal aid organizations, civil rights partners, and even elected officials.
In 2009, the movement achieved its first major success by convincing the state of Minnesota to Ban the Box for public employment applicants.
Over the years, the campaign evolved and received the support of other prominent figures and institutions in the US. Notably, former president Barrack Obama endorsed the Ban the Box movement in 2015 and instructed government agencies to postpone criminal record inquiries until the latter part of the recruitment process.
Today, 37 states and more than 150 cities across the US have laws that enforce Ban the Box policy for public sector employees. The movement is now looking to spread to the private sector as well, and currently, more than 15 states and 22 cities and counties enforce Ban the Box laws for private employers.
States With Ban the Box Laws
Here are the 17 states where Ban the Box laws are implemented statewide as of 2023:
- California
- Colorado
- Connecticut
- District of Columbia
- Georgia
- Hawaii
- Illinois
- Maine
- Massachusets
- Michigan
- Minnesota
- New Jersey
- New Mexico
- Oregon
- Rhode Island
- Vermont
- Washington
Please note that there are additional states where Ban the Box laws are enforced locally.
Ban the Box Laws by State
Since each US state writes its own state and local laws, Ban the Box policies are implemented differently in different jurisdictions around the country. Let’s get into more detail on how Ban the Box laws are adopted in the states that have them in any shape or form.
California
In California, Ban the Box laws are enforced statewide, and they prohibit employers with five or more employees from using background checks on new hires before they give them a job offer.
Additionally, four cities in California have local Ban the Box laws in place:
- In Compton, contractors doing business with the city are prohibited from running a background check on their hires before they give them a job offer.
- In Los Angeles, employers with ten or more employees are not allowed to run background checks on new hires until they give them a job offer.
- Ban the Box laws apply to all private sector employees in Richmond who have contracts with the city, regardless of where their business is based.
- In San Francisco, employers with five or more employees are prohibited from conducting background checks on new hires before they give them a job offer.
Colorado
Until September 1, 2019, the Ban the Box laws in Colorado only applied to employers with 11 or more employees. As of September 1, 2021, all employers are prohibited from asking about criminal history on a job application form.
Connecticut
Ban the Box laws in Connecticut are enforced statewide, and all employers (with some exceptions) in the state are prohibited from asking questions about criminal history in job application forms.
In addition, local laws in Hartford and New Haven prohibit contractors doing business with the city from running background checks on new hires before they give them a job offer.
District of Columbia
In the District of Columbia, Ban the Box laws are adopted statewide and apply to all employers with 11 or more employees. In addition to prohibiting them from asking about criminal history on a job application form, the law also prohibits these employers from running a background check on new hires before they make them a job offer.
Georgia
Ban the Box laws in Georgia are implemented statewide and apply to all employers. In addition to removing the criminal history checkbox, they also:
- Prohibit employers from conducting background checks on new hires before they make them a job offer.
- Allow applicants subjected to background checks to look for report inaccuracies and dispute them.
- Allow ex-offenders to expunge misdemeanors and non-violent felonies four years after serving their sentence.
Hawaii
In Hawaii, Ban the Box laws are enforced statewide, and they prohibit all private employers from running background checks before giving applicants a job offer. In the later stages of the process, employers may inquire about the candidates’ criminal past, but only in the last seven years for felony convictions, and the last five years for misdemeanors.
Illinois
Illinois Ban the Box laws are adopted statewide, and they prohibit private employers with 15 or more employees from running background checks on new hires before they interview them or give them a job offer. Moreover, employers can only disqualify an applicant if their conviction has a substantial relationship with the job position in question.
Furthermore, Chicago and Cook County have local Ban the Box laws in place that enforce the background checking limitations on employers with fewer than 15 employees.
Indiana
The state of Indiana doesn’t have a Ban the Box law implemented statewide. However, Indianapolis has a local ordinance that prohibits contractors doing business with the city from asking applicants questions about their criminal history before having a job interview with them.
Iowa
Iowa is another state with no Ban the Box policy enforced statewide. The city of Waterloo, however, has a local law that prohibits all employers with 15 or more employees from inquiring about criminal history or running a background check on candidates before giving them a conditional job offer.
In addition, the local Ban the Box ordinance in Waterloo prohibits employers from denying job opportunities to candidates based on pending charges, or rejecting ex-convicts without a legitimate business reason.
Kentucky
The state of Kentucky doesn’t have Ban the Box laws adopted statewide, but the city of Louisville has local Ban the Box ordinances. According to local law in Lousiville, contractors doing business with the city are not allowed to ask for criminal history on their job application forms. The city has the right to end the contracts with the contractors that haven’t removed the check box.
Louisiana
Ban the Box policies are not implemented statewide in Louisiana. However, the city of New Orleans has Ban the Box ordinance that prohibits contractors doing business with the city from inquiring about criminal history on their job application forms.
Maine
Ban the Box laws are adopted statewide in the state of Maine. According to Maine state law, all employers are prohibited from inquiring about criminal history on job application forms or advertising that candidates with criminal records should not apply for a job.
Maryland
Maryland doesn’t have any state Ban the Box laws implemented, but there are three local ordinances in the state:
- In Baltimore, employers with ten or more employees are not allowed to run background checks on new hires before they give them a job offer.
- Employers with 15 or more employees in Montgomery Country are prohibited from conducting background checks on new hires before the first job interview.
- In Prince George’s Country, employers with 25 or more employees are not allowed to run background checks on new hires before the first job interview.
Massachusetts
The state of Massachusetts enforces Ban the Box laws statewide. All employers in the state are prohibited from inquiring about criminal history in job application forms. Moreover, employers are also not allowed to ask questions about certain crimes in the later part of the recruitment process as well.
Furthermore, the cities of Boston, Cambridge, and Worcester also have local Ban the Box policies that apply to contractors and vendors doing business with the city.
Michigan
The statewide Ban the Box law in Michigan prohibits all employers with 15 or more employees from inquiring about criminal history in job application forms.
Additionally, a city Ban the Box ordinance in Detroit prohibits contractors doing business with the city in a contract larger than $25,000 from asking questions about the candidate’s criminal history until the first job interview or until the candidate has been qualified.
Furthermore, a local Ban the Box law in Kalamazoo requires contractors doing business with the city in a contract larger than $25,000, or those who seek tax abatement, not to use criminal histories to discriminate when hiring new employees.
Minnesota
In Minnesota, the Ban the Box policy is implemented statewide and applies to employers. They mandate that criminal history inquiries should not be a part of job application forms, with limited exceptions.
Missouri
The state of Missouri has no Ban the Box laws enforced statewide, but instead has several local Ban the Box ordinances:
- All employers in the city of Columbia are not allowed to run a criminal background check on new hires before they give them a conditional job offer.
- In Kansas City, private employers with six or more employees are prohibited from conducting a background check on a candidate before the first job interview.
- In St Louis, the local Ban the Box ordinance applies to employers with 10 or more employees. It prohibits employers from running a background check on candidates before the first job interview. It also requires employers to use all available information when making hiring or promotion decisions.
New Jersey
New Jersey Ban the Box policies are implemented statewide and preempt local laws. They prohibit all employers with 15 or more employees over 20 calendar weeks from inquiring about criminal history on their job application forms.
New Mexico
In New Mexico, Ban the Box laws are implemented statewide and apply to all private employers. They require employers to consider convictions in the hiring process only after reviewing the job application forms and discussing employment with applicants.
New York
The state of New York doesn’t have a Ban the Box policy implemented statewide, though there are multiple Ban the Box ordinances across the state:
- In Buffalo, private employers with 15 or more employees and contractors doing business with the city are prohibited from inquiring about criminal history on job application forms.
- In New York City, all employers with four or more employees are not allowed to run background checks on candidates before they give them a conditional job offer.
- In Rochester, employers with four or more employees and contractors doing business with the city are allowed to run background checks on candidates only after the initial job interview, or after giving the candidate a conditional job offer.
- In Syracuse, city contractors are prohibited from conducting a background check on applicants before making them a conditional job offer.
Oregon
The Ban the Box policy in Oregon is enforced statewide and applies to all private employers. They prohibit employers from excluding applicants from job interviews solely because they are ex-convicts.
Moreover, in the city of Portland, employers with six or more employees are not allowed to run background checks on candidates before making them a conditional job offer first.
Pennsylvania
The state of Pennsylvania doesn’t have any Ban the Box laws implemented statewide, though the cities of Philadelphia and Pittsburg have local Ban the Box ordinances:
- In Philadelphia, all employers with one or more employees are not allowed to run background checks on candidates before they give them a conditional job offer.
- In Pittsburg, contractors doing business with the city can only conduct criminal background checks on candidates they otherwise consider qualified.
Rhode Island
Ban the Box laws are adopted statewide in Rhode Island and apply to employers with four or more employees. They prohibit employers from inquiring about criminal histories in job application forms.
Texas
There are no state Ban the Box laws in Texas, though the city of Austin has a local Ban the Box ordinance. It applies to employers with 15 or more employees and prohibits them from running background checks on candidates before giving them a conditional job offer.
Vermont
Ban the Box laws in Vermont are enforced statewide and apply to all private employers. Inquiring about criminal history in job application forms is illegal in the state of Vermont.
Washington
In the state of Washington, Ban the Box policies are implemented statewide and apply to all private employers. They mandate that employers can only conduct background checks on candidates they otherwise consider qualified.
Additionally, in the city of Seattle, all employers with one or more employees must have a legitimate business reason to reject an applicant with arrest or conviction records.
Furthermore, in the city of Spokane, all private employers are prohibited from asking questions about criminal history before the first job interview.
Wisconsin
There are no state Ban the Box laws in Wisconsin, only local Ban the Box laws in the city of Madison. It prohibits contractors doing business with the city on contracts worth $25,000 or more from inquiring about criminal history or running background checks on applicants before giving them a conditional job offer.
The Bottom Line
Employers always work with the best interest of their companies in mind, and sometimes it leads them to making a wrong decision. Hiring an ex-offender who is perfectly qualified for the job should not be perceived as a risk, but rather a successful recruitment.Everyone deserves a second chance, and Ban the Box legislation is one of the very few tools formerly incarcerated people have on their side, so they’re not limited to jobs that don’t require a background check. The good news is the number of states and counties that adopt the Ban the Box policy has been growing year by year and will likely continue to do so in the future.
