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
On this page
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.
| State | State fair chance law | City or county laws | State limit on reports |
|---|---|---|---|
| Alaska | No | None found | Federal limits |
| Alabama | No | None found | Federal limits |
| Arkansas | No | None found | Federal limits |
| Arizona | No | None found | Yes |
| California | Yes | Los Angeles, Los Angeles County, San Francisco, San Diego County | Yes |
| Colorado | Yes | None found | Yes |
| Connecticut | Yes | None found | Yes |
| District of Columbia | Yes | None found | Federal limits |
| Delaware | No | None found | Yes |
| Florida | No | Gainesville | Federal limits |
| Georgia | No | Atlanta | Yes |
| Hawaii | Yes | None found | Yes |
| Iowa | No | Waterloo, Des Moines | Yes |
| Idaho | No | None found | Yes |
| Illinois | Yes | Chicago, Cook County, Urbana, Champaign | Yes |
| Indiana | No | None found | Yes |
| Kansas | Yes | None found | Yes |
| Kentucky | No | None found | Yes |
| Louisiana | Yes | None found | Yes |
| Massachusetts | Yes | None found | Yes |
| Maryland | Yes | Montgomery County, Prince George’s County, Baltimore | Yes |
| Maine | Yes | None found | Yes |
| Michigan | No | Grand Rapids, Kalamazoo | Yes |
| Minnesota | Yes | None found | Yes |
| Missouri | No | Kansas City, St. Louis, Columbia | Yes |
| Mississippi | No | None found | Federal limits |
| Montana | Yes | None found | Yes |
| North Carolina | No | None found | Federal limits |
| North Dakota | No | None found | Federal limits |
| Nebraska | No | None found | Federal limits |
| New Hampshire | No | None found | Yes |
| New Jersey | Yes | None found | Federal limits |
| New Mexico | Yes | None found | Yes |
| Nevada | No | None found | Yes |
| New York | Yes | New York City, Buffalo, Rochester, Suffolk County, Westchester County, Rockland County | Yes |
| Ohio | No | None found | Federal limits |
| Oklahoma | No | None found | Federal limits |
| Oregon | Yes | Portland | Federal limits |
| Pennsylvania | Yes | Philadelphia, Allentown, Lehigh County, Northampton County, Chester County, Delaware County, Erie County | Yes |
| Rhode Island | Yes | None found | Yes |
| South Carolina | No | None found | Federal limits |
| South Dakota | No | None found | Federal limits |
| Tennessee | No | None found | Federal limits |
| Texas | No | None found | Yes |
| Utah | Yes | None found | Yes |
| Virginia | Yes | None found | Yes |
| Vermont | Yes | None found | Yes |
| Washington | Yes | Seattle, Spokane | Yes |
| Wisconsin | Yes | Madison | Federal limits |
| West Virginia | No | None found | Federal limits |
| Wyoming | No | None found | Federal 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
- 15 U.S.C. § 1681c, what may be reported
- 15 U.S.C. § 1681b(b)(3), the pre-adverse action notice
- EEOC Enforcement Guidance on the Consideration of Arrest and Conviction Records (2012)
State, city and county laws: the sources on each state page.
Last reviewed · General information, not legal advice.