State Ban The Box Laws

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Ban the box laws limit when an employer may permissibly ask about an individual’s criminal history.

Often times, employers ask about an individual’s criminal history on an employment application.  The trend in the law is to prohibit this practice.

Each ban the box law prohibits any covered employer from asking about criminal history until after a first interview or conditional offer.  However, each state and local law is nuanced as to what can be asked, and when it can be asked.

In addition, several of such laws impose additional obligations on employers regarding the inquiry into and use of criminal history information for employment purposes.

The chart below describes the question of “when” an employer may ask about criminal histories; it is not intended to be comprehensive nor should it be construed as legal advice.

Employers are encouraged to speak with their experienced legal counsel with respect to Ban the Box laws that may affect their background screening program.

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The HireRight Blog is provided for informational purposes only. It is not intended to be comprehensive, and is not a substitute for and should not be construed as legal advice. HireRight does not warrant any statements in the HireRight Blog. Any statutes or laws cited herein should be read in their entirety. You should direct to your own experienced legal counsel questions involving your organization’s compliance with or interpretation or application of laws or regulations and any additional legal requirements that may apply.