Over 37 states and numerous cities have adopted Ban-the-Box laws.  These laws prohibit employers from asking about an applicant's criminal history on initial job applications.  Ban-the Box laws delay inquiries pertaining to criminal history until later in the hiring process, most often after a conditional offer has been tendered.

As of 2026, the following states have enacted Ban-the-Box laws:

Arizona                  California             Colorado              Connecticut

Delaware               Georgia                Hawaii                  Indiana

Illinois                     Kansas                Kentucky              Louisiana

Maine                     Maryland             Massachusetts     Michigan

Minnesota               Missouri             Nebraska              Nevada

New Hampshire      New Jersey       New Mexico          North Carolina

North Dakota           Ohio                  Oklahoma             Oregon

Pennsylvania          Rhode Island     Tennessee            Utah

Vermont                  Virginia               Washington          Wisconsin

In addition, several major cities have their own Ban-the-Box laws including New York City, Philadelphia, Seattle, and Washington D.C. 

As the name suggests, these laws require the removal of the "box" on applications asking about conviction history.  They prohibit background checks until after a conditional offer or interview.  These laws require employers to consider the nature of the crime, time passed, and the job duties before disqualifying an applicant. 

Specific provisions vary by jurisdiction.  For example, the Massachusetts Ban-the-Box law prohibits public and private employers from asking about an applicant's criminal history on an initial written application.  Employers may not ask about arrests that did not lead to a conviction, sealed or expunged records, or first-time misdemeanor convictions older than three years.  They must delay questions until after a conditional offer.  The Massachusetts law provides exceptions for positions where federal or state law requires automatic disqualification based on a conviction, as well as positions working with vulnerable populations.

New Jersey also has a statewide Ban-the-Box law that prohibits employers with 15 or more employees from asking about criminal history on initial employment applications or during the initial interview process.  The law aims to delay background checks until later in the hiring process.  The law known as the Opportunity to Compete Act provides that employers cannot inquire about criminal records until after the initial employment application process.  Employers cannot state in advertisements that they will not consider applicants with criminal records.  The law applies to employers who do business or take applications in New Jersey. 

Similarly, Maryland's Ban-the-Box law also applies to employers with 15 or more full-time employees.  It prohibits employers from inquiring about an applicant's criminal history or convictions before a conditional offer of employment.  Baltimore City has its own law, the Fair Criminal Record Screening Practices Ordinance.  This law prohibits private employers with 10 or more full-time employees from inquiring about an applicant's criminal history until after a conditional offer of employment has been tendered.  Prince Georges and Montgomery counties have independent ordinances for public and private employers.

Washington D.C. has the Fair Criminal Record Screening Amendment Act of 2014, which prohibits employers with more than 10 employees from asking about criminal history on initial applications.  Employers cannot ask about arrests or charges that did not result in a conviction.  They must make a conditional offer before asking about, or even searching for, criminal convictions.  If a conditional offer is later withdrawn based on a criminal record, it must be for a "legitimate business reason".

In Georgia, the Ban-the-Box law only applies to public employment, not private employers.  The law serves to remove the felony conviction checkbox on initial applications and delays background checks until later in the hiring process.

Pennsylvania also limits its Ban-the-Box law to public-sector employment.  The Backgrounds Online Fair Chance Hiring Policy prohibits state agencies from asking about criminal history on initial application forms.  Pennsylvania does not have a statewide ban for private employers, but local jurisdictions have their own strict ordinances.  Philadelphia has the Fair Criminal Record Screening Standards Ordinance (FCRSSO), which limits an employer’s ability to look back at certain criminal history during the application process.

• Misdemeanors older than 4 years
• Felonies older than 7 years
• Summary Offenses
• Expunged or Exonerated Records
• Arrest – Only Records.

In Pittsburgh, city contractors must inform applicants of their rights under the law and refrain from inquiring about an applicants' criminal conviction history until after they are found to be otherwise qualified for their position.  This heightens the required scrutiny of both the hiring process and the detail of corresponding documentation such as the job description.

To comply with Ban-the-Box laws, employers should audit all hiring materials and consider removing criminal history questions from job applications.  Specifically, job advertisements and application forms should not indicate that individuals with criminal records cannot apply.  Employers should provide training to managers and delay background checks until after a conditional offer.  If a conviction is discovered, employers must conduct an individualized assessment considering the nature of the offense, time passed, and the job duties.  It is imperative for employers to observe and comply with local, state, and federal laws.  Employers must maintain thorough documentation of the decision-making process to demonstrate compliance.

If you have any questions, please contact James F. Devine, Esq. at JFDevine@c-wlaw.com or (717) 390-3020 or any member of our Employment Law Department.

Disclaimer

The information in this article is provided for general informational purposes only and may not reflect the current law in your jurisdiction.  By reading this article, you understand that there is no attorney-client relationship between you and Cipriani & Werner, P.C. or any of our attorneys.  No information contained in this article should be construed as legal advice from Cipriani & Werner, P.C. or the individual authors.