Ban the box laws by state

What ban the box means

The “box” is the question on a job application that asks whether you have ever been convicted of a crime. A ban the box law removes it, and usually sets the point in hiring when the employer may first ask about a record or run a criminal background check.

Two kinds of rules go by this name:

• Timing rules: not on the application, not before an interview, or not before a conditional offer.
• Use rules: limits on how a record may count in the decision, such as a test of how the offense relates to the job. Several places require an individualized assessment before you decide.

16 more states have a ban the box rule only for public jobs, such as state agencies. Those are listed below but their rules for state jobs do not bind private employers. Utah and Virginia add narrow rules on expunged or sealed records that do; see those state pages.

Federal law reaches two groups. Federal agencies may not ask about criminal history before a conditional offer (5 CFR Part 920, under the Fair Chance to Compete for Jobs Act). Federal contractors may not ask an applicant for a job related to work under the contract before a conditional offer, with exceptions for jobs another law covers and for classified or national security work (41 U.S.C. § 4714). For other private employers the rules come from states, cities and counties. The EEOC’s 2012 guidance on arrest and conviction records was rescinded in late October 2026 (EEOC, Oct. 29, 2026); the state and local laws below did not change.

By state

For private employers. “Weigh against the job” means the law makes you look at the offense, the time passed and the job before deciding.

Select a state for the full rule, its exceptions and the law.

What each state law adds

The one added duty to know first, and the law. The state page has the rest.

• California: At least 5 business days to respond (Cal. Gov. Code 12952)
• Colorado: No ‘records need not apply’ statements in job ads (C.R.S. 8-2-130(3)(a))
• Connecticut: Form must say erased records need not be disclosed (Conn. Gen. Stat. 31-51i)
• District of Columbia: Copies of records relied on, on request, within 30 days (D.C. Code § 32-1342)
• Hawaii: Lookback: 7 years for felonies, 5 for misdemeanors (HRS 378-2.5)
• Illinois: Wait at least 5 business days after the notice (775 ILCS 5/2-103.1(C)(2))
• Louisiana: Arrests without conviction may not be considered (La. R.S. 23:291.2)
• Massachusetts: Give a copy of the record before asking about it (M.G.L. c. 6 s. 171A)
• Maryland: No retaliation for claiming a violation (Md. Code, Lab. & Empl. § 3-1504)
• Maine: Must let the candidate explain the record (26 M.R.S. § 600-A(3))
• Minnesota: Minn. Stat. 364.021(a)
• New Jersey: No job ads that exclude people with records (Opportunity to Compete Act, P.L.2014, c.32)
• New Mexico: NMSA 1978, 28-2-3.1
• New York: Written reasons within 30 days, on request (N.Y. Correct. Law 754)
• Oregon: ORS 659A.360
• Pennsylvania: Written notice if records affect the decision (18 Pa.C.S. 9125)
• Rhode Island: Never ask about arrests or charges (R.I. Gen. Laws 28-5-7(7))
• Vermont: Must let the applicant explain the record (21 V.S.A. 495j)
• Washington: Hold the job at least 2 business days to respond (15 or more employees; all from Jan. 1, 2027) (RCW 49.94.010)
• Wisconsin: Never ask about arrests, except pending charges (Wis. Stat. 111.335)

City and county laws

A local law applies on top of the state law; follow whichever is stricter. A city’s rules for its own contractors or for public jobs are on the state pages.

This table lists the local laws we could link to. Each state page lists every one we found.

Doing it right

The order that works under the strictest laws above.

• Take the criminal history question off the application, and remove “no felons” or similar lines from job ads.
• Wait for the point the law sets, often an interview or a conditional offer, before you ask or run the check.
• Get the FCRA disclosure and written authorization first. The form generator adds each state’s notice.
• If the record may cost the person the job, weigh it against the job. Individualized assessment covers the factors.
• Send the pre-adverse action notice and wait. The waiting period calculator gives the earliest date, and the letter generator adds each place’s items.
• Consider what the person sends you, then send the final notice. The adverse action process covers each step.

Coming changes

Passed, with a date set. Every change to hiring laws is on What changed.

• January 1, 2027 · Washington: Fair Chance Act reaches employers under 15. The 2025 amendments, already in force for employers with 15 or more employees, reach smaller employers: no criminal record inquiry before a conditional offer, no use of arrest or juvenile records, and notice, a two-business-day hold and a written decision before adverse action. EHB 1747, 2025 c 71; RCW 49.94.010
• January 1, 2027 · Colorado: Rules for automated decision tools in hiring. Employers that use automated decision-making technology in employment decisions must give notice when it is used and, within 30 days after an adverse decision, a plain-language explanation of its role, with data correction and human review. Enforcement is by the Attorney General. SB26-189 (2026 Colo. Sess. Laws ch. 131)
• January 1, 2027 · Illinois: Driver’s license requirements in job postings. For employers with 15 or more employees: a job posting may not say a valid driver’s license is required unless driving is an essential function and a business necessity, and then must say why. P.A. 104-0776 (Job Opportunities for Qualified Applicants Act, sec. 17)
• October 1, 2027 · Connecticut: Notice before using automated hiring tools. An employer that uses an automated tool to make, or as a substantial factor in, an employment decision must first give a written notice: that the tool is used, its purpose, the data it uses and a contact. Enforcement is by the Attorney General. P.A. 26-15, secs. 7-12

Questions

Sources

• Cal. Gov. Code 12952, California
• C.R.S. 8-2-130(3)(a), Colorado
• Conn. Gen. Stat. 31-51i(b), Connecticut
• D.C. Code § 32-1342(a)-(b), District of Columbia
• HRS 378-2.5(b), Hawaii
• 820 ILCS 75/15(a), Illinois
• La. R.S. 23:291.2(B), Louisiana
• M.G.L. c. 151B s. 4(9 1/2), Massachusetts
• Md. Code, Lab. & Empl. § 3-1503(a), Maryland
• 26 M.R.S. § 600-A(2), Maine
• Minn. Stat. 364.021(a), Minnesota
• N.J.S.A. 34:6B-14a(2), New Jersey
• NMSA 1978, 28-2-3.1, New Mexico
• N.Y. Correct. Law 752, New York
• ORS 659A.360, Oregon
• 18 Pa.C.S. 9125, Pennsylvania
• R.I. Gen. Laws 28-5-7(7), Rhode Island
• 21 V.S.A. 495j, Vermont
• RCW 49.94.010, Washington
• Wis. Stat. 111.335, Wisconsin
• 5 CFR Part 920, federal agencies
• 41 U.S.C. § 4714, federal contractors
• EEOC press release, Oct. 29, 2026, the 2012 guidance rescinded

City and county laws: the links in the table above. Every state, with its other rules: the state pages. Terms: the glossary.

Last reviewed October 31, 2026 · General information, not legal advice.