For job seekers

Your rights with a criminal record when you apply for jobs, by state

A record does not have to end your job search. Federal law limits what a background check may report, and many states and cities limit when an employer may ask about a record and how it may use one. Here is what applies where you live.

Reviewed
Primary sources
Free · Not legal advice

Everywhere in the U.S.

  • Arrests that did not lead to a conviction may not be reported after 7 years, unless the job pays $75,000 or more (15 U.S.C. § 1681c). Federal law sets no time limit on convictions; some states do.
  • You see the report before the decision. If a report may cost you the job, the employer must send you a copy first, with your rights (§ 1681b(b)(3)). What to do with that notice.
  • Blanket bans can be discrimination. The EEOC’s guidance on arrest and conviction records describes weighing the offense, the time passed and the job, and warns that excluding everyone with a record can violate Title VII (EEOC guidance, 2012).

Your state

23 states and DC have their own fair chance law for private employers: a limit on when an employer may ask about a record, or how it may use one. Many cities and counties add their own. A stricter state limit on what a report may show is in the last column.

Select a state for the full rules, including sealed records.

StateState fair chance lawCity or county lawsState limit on reports
AlaskaNoNone foundFederal limits
AlabamaNoNone foundFederal limits
ArkansasNoNone foundFederal limits
ArizonaNoNone foundYes
CaliforniaYesLos Angeles, Los Angeles County, San Francisco, San Diego CountyYes
ColoradoYesNone foundYes
ConnecticutYesNone foundYes
District of ColumbiaYesNone foundFederal limits
DelawareNoNone foundYes
FloridaNoGainesvilleFederal limits
GeorgiaNoAtlantaYes
HawaiiYesNone foundYes
IowaNoWaterloo, Des MoinesYes
IdahoNoNone foundYes
IllinoisYesChicago, Cook County, Urbana, ChampaignYes
IndianaNoNone foundYes
KansasYesNone foundYes
KentuckyNoNone foundYes
LouisianaYesNone foundYes
MassachusettsYesNone foundYes
MarylandYesMontgomery County, Prince George’s County, BaltimoreYes
MaineYesNone foundYes
MichiganNoGrand Rapids, KalamazooYes
MinnesotaYesNone foundYes
MissouriNoKansas City, St. Louis, ColumbiaYes
MississippiNoNone foundFederal limits
MontanaYesNone foundYes
North CarolinaNoNone foundFederal limits
North DakotaNoNone foundFederal limits
NebraskaNoNone foundFederal limits
New HampshireNoNone foundYes
New JerseyYesNone foundFederal limits
New MexicoYesNone foundYes
NevadaNoNone foundYes
New YorkYesNew York City, Buffalo, Rochester, Suffolk County, Westchester County, Rockland CountyYes
OhioNoNone foundFederal limits
OklahomaNoNone foundFederal limits
OregonYesPortlandFederal limits
PennsylvaniaYesPhiladelphia, Allentown, Lehigh County, Northampton County, Chester County, Delaware County, Erie CountyYes
Rhode IslandYesNone foundYes
South CarolinaNoNone foundFederal limits
South DakotaNoNone foundFederal limits
TennesseeNoNone foundFederal limits
TexasNoNone foundYes
UtahYesNone foundYes
VirginiaYesNone foundYes
VermontYesNone foundYes
WashingtonYesSeattle, SpokaneYes
WisconsinYesMadisonFederal limits
West VirginiaNoNone foundFederal limits
WyomingNoNone foundFederal limits

What you can do

  • Know your record. Get your court records from where you were charged, so nothing in a report surprises you.
  • Ask about sealing or expungement. Every state has some way to seal or clear certain records, and some now do it automatically. Your state page lists the rules; a legal aid office can help you apply.
  • Prepare your context. Dates, completed sentences, jobs held since, training, references. Several places require the employer to consider it.
  • Read every notice and answer it in writing. What to do with a pre-adverse action notice.

Sources

State, city and county laws: the sources on each state page.

Last reviewed · General information, not legal advice.

State law

Background check laws by state

Pick a state to see what its law adds to the federal FCRA. A darker state has state law on more of the eight topics we cover.

  • State law on 1 to 3 topics
  • 4 or 5 topics
  • 6 to 8 topics

Every state, with its review date