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State comparison
State
State law
Summary
State-specific requirements
Alabama
N/A
While not a “ban the box” law, applicants whose minor charges (but not convictions) have been expunged may refrain from listing that charge on a job application. The law lists possible charges that may be eligible for expungement to include certain misdemeanors, traffic offenses, and nonviolent felonies. The individual would have to meet certain criteria to have the charge expunged.
Alaska
N/A
“Pre-employment Questioning” guidelines say that employers may not base applicant rejection on arrests alone but may legally consider convictions during the selection process.
Arizona
Arizona Revised Statute 13-904, also known as the “Second Chance Box” order
State agencies may not ask for any information about a criminal record during the initial stage of the application process, nor shall a criminal record disqualify an applicant from receiving an interview. The agency may inquire into and consider an applicant’s criminal record after the initial interview phase. Following the initial interview, a person may be denied employment based on criminal history if the offense has a reasonable relationship to the functions of the employment or occupation for which the license, permit, or certificate is sought.
California
AB 1008
Public and private employers in California with five or more employees may not ask applicants about criminal conviction histories on an employment application. Employers may still inquire about criminal histories, but only after making a conditional offer of employment.
If, at that time, the employer believes that an applicant’s conviction history is relevant to the job, the employer must make an individualized assessment and give the applicant the chance to respond to the employer’s concerns. Private employers are also prohibited from asking applicants about arrests or detentions that did not result in convictions (Labor Code 432.7). All employers (public and private) are prohibited from requesting or using information about a conviction that has been judicially dismissed or ordered sealed, except for specified exceptions.
Colorado
HB 19-1025, Colorado Chance to Compete Act
All employers may not inquire about a job applicant’s criminal history on an initial job application, nor may they state in a job advertisement or application that an individual with a criminal record may be excluded from consideration. However, employers may obtain publicly available background reports at any point in the hiring process. An exemption may be granted if the law prohibits individuals with convictions from obtaining employment in certain positions or industries.
Connecticut
N/A
Effective January 1, 2017, both public and private employers are prohibited from inquiring about arrest and conviction history information on an initial employment application, unless required by state or federal law, or a security or fidelity bond or an equivalent bond is required for the position. Prior convictions for which the prospective employee received a provisional pardon or certificate of rehabilitation cannot be the sole basis for discharge. Employers may not inquire about erased records at any time.
Delaware
HB 167-2014
Public employers may not inquire into or consider criminal or credit histories until after a first interview. When reviewing a criminal history, public employers must consider the nature of the offense, the amount of time that has passed since the offense, and the nature of the job sought.
District of Columbia
Fair Criminal Records Screening Act of 2014
Employers with 11 or more employees are prohibited from asking for criminal history information on an employment application or during the interview process. Inquiries about an applicant's criminal history may be made only after the employer has made a conditional offer of employment. Conditional offers may be withdrawn because of an individual's criminal history, but only if the employer can show a legitimate business reason which considers the job-relatedness of the offense, the time passed, any rehabilitation completed by the individual, and other factors.
Georgia
2015 Executive Order
State government entities may not use an applicant’s criminal record as an automatic bar to employment. These employers may not use an application form that excludes qualified applicants because of a criminal record, must provide qualified applicants with the opportunity to discuss any inaccuracies in a criminal record, and must allow qualified applicants to provide information that demonstrates rehabilitation.
Hawaii
Hawaii Revised Statutes §378-2.5
All employers are prohibited from inquiring into and considering conviction records for prospective employees until after making a conditional offer of employment. The conditional offer may be withdrawn if the conviction record bears a rational relationship to the duties and responsibilities of the position. Employers may, however, consider felony convictions falling within only the most recent seven years, excluding periods of incarceration; misdemeanor convictions falling within the most recent five years. These restrictions do not apply to employers who are permitted to check into an applicant's criminal history under any other federal or state law.
Illinois
HB 5701, Job Opportunities for Qualified Applicants Act
Private employers with 15 or more employees in the current or preceding calendar year may not inquire into, consider, or require the disclosure of an applicant's criminal record or criminal history until the applicant has been determined qualified for the position and notified that the applicant has been selected for an interview or, if there is not an interview, until after a conditional offer of employment is made. The law applies to employers with 15 or more employees in the current or preceding calendar year. It provides exceptions for certain positions, such as those where state or federal law requires employers to exclude applicants with certain criminal conviction.
Indiana
Indiana Code §24-4-18
State governments may not ask about arrests or criminal history on job applications.
Counties, municipalities, and townships in Indiana may not prohibit employers from soliciting applicants’ criminal history information on an initial application for employment. This rule is intended to keep employers in Indiana from having to comply with different processes in different areas in the state. While not a “ban the box” law, Indiana also limits the type of information that a criminal history provider may offer. Although it applies only to criminal history providers, it may affect the type of information that an employer obtains.
Kansas
Executive Order 18-12
No government office may ask about a criminal record “during the initial stage of a state employment application.” In addition, a criminal record shall not automatically disqualify an applicant from consideration prior to a job interview. The order makes exceptions for positions that legally require background checks and for which certain convictions would render a candidate ineligible.
Kentucky
The Fair Chance Employment Initiative (EO 2017-064)
Executive Branch state employers may not inquire about convictions or criminal history on the initial employment application. Agencies may make such inquiries only after the applicant has been contacted to interview for a position (unless the law requires such an inquiry sooner).
Louisiana
House Bill 266, Civil Service Rule 22.4.1
State employers may not inquire into an applicant’s criminal history until after an initial interview for positions considered “unclassified.” If there is no interview, employers may not inquire until after a conditional offer has been made.
State employers are prohibited from inquiring about a prospective employee’s felony criminal history on an initial application form for a position designated “classified.” Inquiries may occur during the candidate’s interview or after a conditional offer of employment.
Maine
Legislative Document (LD) 1167, Legislative Document 170
Maine employers are prohibited from requesting criminal history record information on initial job applications. State law also prohibits employers from stating on initial job applications or advertisements or specifying prior to determining applications are otherwise qualified for the job that applicants with a criminal history may not apply or will not be considered for a job.
Applications for employment with state government may not include any questions regarding an applicant’s criminal history, except when necessary due to the nature or requirements of the position.
Maryland
Criminal Record Screening Practices Act
Employers in Maryland with 15 or more employees must refrain from inquiring about applicants’ criminal backgrounds prior to interviewing them in person. Employers may inquire about an applicant’s criminal history during the first in-person interview.
Massachusetts
Section 101 of Chapter 256 of the Acts of 2010
Except where prohibited by law from hiring individuals because of criminal convictions, employers with six or more employees are not allowed to ask whether an applicant has been convicted of a criminal offense prior to an interview.
Michigan
MI Stat. Sec. 37.2205a, Executive Directive 2018-4
Employers may not ask about information regarding a misdemeanor arrest, detention, or disposition where a conviction did not result. This does not apply to information relative to a felony charge before conviction or dismissal.
State departments and agencies may not include questions or statements about criminal history on job applications or postings, unless required by law. Criminal records may be considered during and after the interview stage but should not be used to automatically disqualify candidates “at the outset of the process.”
Minnesota
Minn. Stat. §364.021
Employers may not inquire into or consider or require disclosure of the criminal record or criminal history of an applicant until the applicant has been selected for an interview, or if there is not an interview before a conditional offer of employment is made. The law does not prohibit an employer from notifying applicants that law or the employer's policy will disqualify an individual with a particular criminal history background from employment in particular positions.
Missouri
Executive Order 16-04
Departments, agencies, boards, and commissions of the state’s executive branch may not include questions about an individual’s criminal history on initial employment applications. This does not include positions for which individuals with convictions would be automatically ineligible.
Montana
Administrative Rule 24.9.1406
Neither public nor private employers may make pre-employment inquiries into an applicant’s arrest records. Inquiries regarding convictions are allowed.
Nebraska
Neb. Rev. Stat. §48-202
Public employers may not inquire into an applicant’s criminal history until after the employer has determined that the applicant meets the minimum requirements for the job in question.
Nevada
Assembly Bill 384
Public employers may not consider an applicant’s criminal history until after the final in-person interview or a conditional offer of employment has been made, whichever comes first.
Exceptions exist for certain positions, including firefighters and police officers. Before using an applicant’s criminal history to rescind an offer, employers must provide a written statement explaining the basis for the decision and an opportunity for the applicant to discuss the decision with the employer. An application for public employment must also include a statement that:
- A record of conviction will not necessarily bar the applicant from employment; and
- The Administrator will consider factors such as:
- The length of time that has passed since the offense;
- The age of the applicant at the time of the offense;
- The severity and nature of the offense;
- The relationship of the offense to the position for which the application has applied; and
- Evidence of the rehabilitation of the applicant.
New Jersey
Opportunity to Compete Act
Private employers with 15 or more employees (and all public employers) are restricted from making any oral, written, or online inquiry regarding an applicant's criminal record prior to conducting the first interview, whether in person or by other means. After the initial interview, such inquiries are allowed. Exceptions are also provided for certain positions such as law enforcement.
Employers also may not publish job advertisements indicating that individuals with convictions will not be considered.
New Mexico
Stat. §28-2-3 and Criminal Offender Employment Act
Public employers may not make inquiries regarding convictions on initial employment applications. Convictions may be taken into consideration only after an applicant has been selected as a finalist for a position and may not operate as an automatic bar to employment. If an applicant is denied employment on grounds of a conviction, the employer must state in writing the reason for the decision. Criminal records involving arrests not followed by valid convictions and misdemeanor convictions not involving “moral turpitude” may not be used in connection with an application for any public employment. The law also outlines parameters for a presumption of rehabilitation for convicted offenders, which must be considered. The law does not apply to law enforcement agencies. Criminal Offender Employment Act (N.M. Stat. §28-2-3)
Private employers with four or more employees may not inquire into an applicant’s criminal history on a job application; however, it may be discussed “after review of the applicant’s application and upon discussion of employment with the applicant.”
New York
Fair Chance Hiring 2015
State agencies may not require disclosure of criminal history information until after an interview has taken place or until the agency is interested in hiring the applicant. A previously existing law (COR § 752) continues to prohibit any employer (public or private) from denying license or employment to an individual on grounds of a prior conviction unless one of two exceptions is met.
Private employers may not ask about arrests or charges that have not resulted in a conviction, unless they are still pending, nor may they deny or discontinue employment or otherwise take adverse action based only on one or more convictions, unless it relates to the job or employing the person would put property or people at unreasonable risk.
North Carolina
NC Stat. §15A-153
While not a “ban the box” law, North Carolina prohibits all employers from requesting that an applicant provide information regarding an arrest, criminal charge, or conviction that has been expunged.
North Dakota
HB 1282
Public employers may not inquire about or consider an applicant’s criminal history until after the individual has been selected for interview, unless required by law. Department of Corrections and Rehabilitation positions are exempt.
Ohio
Fair Hiring Act
Public employers may not include any question concerning the criminal background of an applicant on an employment application. However, public employers may include a statement on applications notifying applicants that they could be disqualified from certain positions if they have a particular criminal history.
Oklahoma
Executive Order 2016-03
State agencies may not include questions regarding convictions or criminal history on job applications. This prohibition does not apply to “sensitive government positions” or positions for which a felony conviction would automatically disqualify an applicant.
Oregon
HB 3025
Both public and private employers are prohibited from inquiring into an applicant's criminal history until the initial interview with the applicant. If no interview is conducted, the employer may not require the applicant to disclose a criminal conviction before making a conditional offer of employment.
Pennsylvania
Fair-Chance Hiring Policy and 18 Pa. Cons. Stat. § 9125
State agencies may not include questions about applicants’ criminal histories on the employment application. There is an exception for civil service employment applications. Pennsylvania law also prohibits public and private employers from factoring convictions into hiring decisions beyond the “extent to which they relate to the applicant’s suitability for employment in the position for which he has applied.” Employers are also required to notify applicants in writing if they have been denied a job due to criminal history.
Rhode Island
RI General Laws §28-5-7
Employers with four or more employees may not ask about convictions or guilty pleas on a job application, nor make verbal inquiries prior to the first job interview. Exceptions are provided for law enforcement and certain other situations.
Tennessee
Tennessee Code Title 8, Chapter 50, Part 1
State agencies may not inquire about criminal records on an initial application form.
Utah
HB 156
The law restricts public employers from inquiring about an applicant’s conviction history prior to an initial interview, or prior to a conditional offer of employment if there is no interview. Exceptions exist for positions within law enforcement, criminal justice, care facilities, the Department of Alcoholic Beverage Control, the tax commission, and employers who perform financial functions.
Vermont
Executive Order 03-15
Private employers may not ask questions about criminal history on job applications. “Criminal history” includes arrests, convictions, or sentences. Employers may still ask questions about criminal history once the applicant has otherwise been deemed qualified for the position. H261
State employers may not include any criminal records inquiries on employment applications. A criminal background check may not be conducted until the applicant has otherwise been found qualified for the position.
Virginia
Executive Order 41 (2015)
State employers may not include any criminal records inquiries on employment applications. Employment decisions may not be based on an applicant's criminal history unless the employer can show that it is job-related and consistent with business necessity.
Washington
HB 1298, Fair Chance Act
The law prohibits employers from inquiring into applicants’ criminal histories until after they have been determined otherwise qualified for the position. Employers are barred from categorically excluding applicants with criminal histories from employment. Exceptions exist for some positions in care, finance, law enforcement, and other fields for which a conviction would automatically disqualify the applicant per law. The Fair Chance Act specifically states that local laws providing additional protections to applicants take precedence over the state law.
Wisconsin
2015 Wisconsin Act 150
State agencies may not inquire about a person’s criminal record on a job application.