Ban the Box Laws by State and City
Updated 12 min read
Three versions of the same rule
1. Not on the first application
Drop the box from the form; ask at the interview
- CO
- CT
- ME
- MA
- VT
2. Not before the first interview
Ask once the interview stage is reached
- IL
- MD
- MN
- NJ
- OR
3. Not before a conditional offer
Ask only after the offer is made
- Federal agencies
- Federal contractors
- CA
- DC
- WA
- LA
- NYC
- PHL
- PDX
19 jurisdictions, each read from its own law or agency page on October 23, 2026.
“Ban the box” started as a campaign to delete the conviction checkbox from job applications. The laws that came out of it disagree on one question: how far into hiring you must get before you may ask about a criminal record. Every law in our table lands on one of three answers, and they are not the same rule in different words.
The lightest version only cleans up the form: no conviction question on the first application, but you may ask at the interview. The middle version holds the question until the interview stage. The strictest, the rule in 9 of the 19 jurisdictions in this table, waits until you have made a conditional offer, which means the background check itself moves after the offer too.
“Asking” is wider than a question on a form. In California, prohibited consideration includes “inquiring about criminal history through an employment application, background check, or internet searches.” Googling a candidate before the offer is asking.
Cal. Code Regs. tit. 2, § 11017.1(a)(1)
None of these laws stops you from running a background check or from turning someone down because of a record. They decide when you may look and, in many places, what you must do before the final no. That second part is where the FCRA's own notices and the local fair-chance steps stack on top of each other.
What to do
- Find each location you hire into in the table below, by state and by city.
- Take the latest stage among them as your company-wide rule unless you run separate forms per location.
- Remove the conviction question from every application template, online ones included.
The table: who is covered and when you may ask
Each row below was read from the law itself or from the agency that enforces it, on October 23, 2026, and the table lists only the 19 jurisdictions read that day. Other states and cities have their own rules, including several whose official sites we could not open on that date; a place missing from this table is not a place without a law. Check your state labor department or civil rights agency before you rely on its absence.
Not on the first application (5)
| Jurisdiction and law | Who is covered | When you may ask |
|---|---|---|
| ColoradoCOC.R.S. § 8-2-130 (Chance to Compete Act)Colorado General Assembly, C.R.S. 2024, Title 8 | Private employers, all sizes since September 1, 2021 (11+ employees from 2019); not state or local government | Not on the initial written or electronic application; a publicly available background report may be pulled at any time |
| ConnecticutCTConn. Gen. Stat. § 31-51i(b)–(d), (j)Connecticut General Assembly, General Statutes | Employers as defined in Conn. Gen. Stat. § 46a-80a | Not on an initial employment application, unless state or federal law requires it or the job needs a security or fidelity bond |
| MaineME26 M.R.S. § 600-AMaine Legislature | Employers in the state, municipalities included (not state government positions) | Not on the initial application; during an interview or once the applicant is found otherwise qualified |
| MassachusettsMAM.G.L. c. 151B, § 4(9), (9½)Massachusetts Attorney General, employer guide | Most employers (the Attorney General's guide) | Not on the initial job application, unless a law disqualifies people with certain convictions from the job or bars the employer from hiring them; unsealed felonies and some misdemeanors may be asked about later |
| VermontVT21 V.S.A. § 495jVermont General Assembly | Employers (the section sets no headcount) | Not on the initial application; during an interview or once the applicant is found otherwise qualified |
Not before the first interview (5)
| Jurisdiction and law | Who is covered | When you may ask |
|---|---|---|
| IllinoisIL820 ILCS 75Illinois Department of Labor | Employers and employment agencies (the state page names no headcount) | After the applicant is found qualified and told they are selected for an interview; with no interview, after a conditional offer |
| MarylandMDMd. Code, Lab. & Empl. §§ 3-1501, 3-1503Maryland General Assembly | Employers with 15 or more full-time employees | At the first in-person interview, not before |
| MinnesotaMNMinn. Stat. § 364.021Minnesota Revisor of Statutes | Public and private employers | Once the applicant is selected for an interview; with no interview, at a conditional offer |
| New JerseyNJN.J.S.A. 34:6B-14 to -19 (P.L. 2014, c. 32)P.L. 2014, c. 32, as posted by nj.gov | Employers with 15 or more employees over 20 calendar weeks, the state and local governments included | After the first interview, in person or by any other means; earlier only if the applicant volunteers it |
| OregonORORS 659A.360Oregon Bureau of Labor and Industries | All Oregon employers | Not on the application or before an initial interview; with no interview, not before a conditional offer |
Not before a conditional offer (9)
| Jurisdiction and law | Who is covered | When you may ask |
|---|---|---|
| Federal agencies5 U.S.C. § 9202 (from Dec. 20, 2021)U.S. Code via Cornell LII | Federal agencies hiring into the civil service | After the appointing authority extends a conditional offer, orally or in writing, USAJOBS and OF-306 included |
| Federal contractors41 U.S.C. § 4714 (solicitations after Dec. 20, 2021)U.S. Code via Cornell LII | Contractors, for applicants to positions related to work under a federal contract | After the contractor extends a conditional offer |
| CaliforniaCACal. Gov. Code § 12952; 2 CCR § 11017.1California Civil Rights Department | Employers with five or more employees | After a conditional offer; no asking through the application, a background check or internet searches before it |
| District of ColumbiaDCD.C. Code §§ 32-1341, 32-1342D.C. Council, D.C. Code | Employers with more than 10 employees in the District, the District government included | Convictions: after a conditional offer. Arrests and accusations not pending or not ending in conviction: never |
| WashingtonWARCW 49.94.010Washington State Legislature | Employers, public agencies and staffing agencies included; the 2025 text applies to 15+ employees from July 1, 2026 and to smaller employers from January 1, 2027 | After finding the applicant otherwise qualified and making an offer conditioned on the record |
| Los AngelesLAL.A. Mun. Code § 189 (from Jan. 22, 2017)LA Bureau of Contract Administration FAQ | Employers with 10 or more employees (each working at least 2 hours a week in the City); California's law applies too | After a conditional offer |
| New York CityNYCNYC Admin. Code § 8-107(11-a)NYC Commission on Human Rights | Employers with four or more employees (Commission guidance) | After a conditional offer |
| PhiladelphiaPHLPhiladelphia Fair Criminal Records Screening Standards (amended, eff. Jan. 6, 2026)Philadelphia Commission on Human Relations | Employers with one or more employees, with some exceptions | Not during the application; the background check comes after a conditional offer |
| Portland, OregonPDXPortland City Code 23.10.030Oregon Bureau of Labor and Industries | Employers with six or more employees, for jobs done mostly in Portland; Oregon's law applies too | After a conditional offer, even if the applicant volunteers a record earlier |
Most of these laws carve out jobs where another law requires a criminal check or bars people with certain convictions: police and corrections, work with children or vulnerable adults, banks and other regulated employers. The carve-out covers that job, not your whole workforce.
Every row's own statute or agency page
Notices and extra steps, place by place
The timing rule is the part everyone remembers. The part that produces complaints is what comes after the check: the assessment, the notice, the wait. Where the law read sets steps beyond timing, they are here.
| Jurisdiction | What the law adds |
|---|---|
| Federal agencies | Exceptions where law requires earlier review, for federal law enforcement officers, for positions needing a national-security eligibility determination, and for positions OPM names by rule |
| Federal contractors | First violation: notice, 30 days to appeal, written warning; later violations can bring further action. Exceptions for classified access, sensitive law-enforcement or national-security duties, and positions GSA names by rule |
| CaliforniaCA | Individualized assessment; written preliminary notice with the report; at least 5 business days to respond, 5 more if disputing; final written notice. No “No Felons” ads |
| ColoradoCO | No ads or applications saying people with a record may not apply. Exempt where law bars the hire or requires a check. Warning first, then up to $1,000, then up to $2,500 |
| ConnecticutCT | Never require disclosure of erased records; an application that asks about criminal history must say erased records need not be disclosed. Complaints to the CHRO or Superior Court |
| District of ColumbiaDC | Withdraw only for a legitimate business reason weighed on six factors; on request within 30 days, give the records used and notice of the right to complain to the Office of Human Rights within 30 days |
| IllinoisIL | May tell applicants in writing which offenses disqualify them under law or the employer's policy |
| MaineME | Let the applicant explain the record and any rehabilitation; no ad or application saying people with a record may not apply |
| MassachusettsMA | Never ask about arrests without conviction, certain first minor convictions, misdemeanors over three years old (with no later conviction), or juvenile, sealed or expunged cases. Before an adverse decision: notice, the record and its source, and a chance to dispute it |
| MinnesotaMN | May tell applicants that law or policy disqualifies a particular history for particular positions |
| New JerseyNJ | No ads saying arrested or convicted applicants will not be considered. Civil penalty up to $1,000, then $5,000, then $10,000. Local ordinances preempted except for municipal operations |
| VermontVT | Let the applicant explain the record and any rehabilitation. Civil penalty up to $100 per violation |
| WashingtonWA | Before acting, identify the record and hold the job open at least two business days; then a written decision with reasons. No “no felons” ads |
| Los AngelesLA | Online ads and solicitations state that qualified applicants with criminal histories will be considered |
| New York CityNYC | Written copy of the inquiry and the Fair Chance Notice; at least 5 business days to respond, with the job held open |
| PhiladelphiaPHL | Since January 6, 2026: only felony convictions within 7 years and misdemeanors within 4 years (of conviction or release, whichever is later), no summary offenses; the check notice says an individualized assessment follows. Before rejecting: written notice of rights, the basis with the report, and 10 days to respond |
| Portland, OregonPDX | Any use of the record needs a good-faith finding that the offense is job related and consistent with business necessity |
California and New York City give at least five business days to respond; Washington holds the job open at least two business days; Philadelphia's page says 10 days. Where the federal FCRA also applies, its pre-adverse notice and wait run alongside, and the longest clock wins.
2 CCR § 11017.1(c)(2)(E); NYC Admin. Code § 8-107(11-a); RCW 49.94.010(5)(b)
The federal layer: agencies, contractors and the EEOC
There is no federal ban-the-box law for private employers in general. There are two narrower ones, both from the Fair Chance to Compete for Jobs Act of 2019, in force since December 20, 2021. Federal agencies may not ask civil-service applicants about criminal history before a conditional offer. And federal contracts carry the same rule for the contractor, for applicants to positions related to work under the contract.
The contractor “may not verbally, or through written form, request the disclosure of criminal history record information regarding an applicant for a position related to work under such contract before the contractor extends a conditional offer to the applicant.”
41 U.S.C. § 4714(a)(1)(B)
If you hold a federal contract and hire into a job that touches it, you follow the offer-first rule for that job even in a state with no ban-the-box law. The first violation brings a written warning after a chance to appeal; repeat violations can bring more.
The rule that reaches almost every employer with 15 or more employees is not a ban-the-box law at all. It is the EEOC's 2012 enforcement guidance on arrest and conviction records under Title VII, which applies to every entity Title VII covers, staffing firms included.
Weigh “The nature and gravity of the offense or conduct;” “The time that has passed since the offense or conduct and/or completion of the sentence;” and “The nature of the job held or sought.”
EEOC Enforcement Guidance No. 915.002 (Apr. 25, 2012), § V.B.1
The guidance also describes an individualized assessment: tell the person they may be excluded because of past conduct, give them a chance to show why the exclusion should not apply, and consider what they say. It is guidance, not a statute, and several laws in our table, Washington's and the District's among them, list factors of the same kind. Our individualized assessment guide walks through one.
What to do
- Federal contractors: apply the offer-first rule to every job related to the contract.
- Everyone with 15 or more employees: write down the three factors for each record-based decision.
When a city and a state both have a law
A city ordinance usually sits on top of the state's law instead of replacing it, and it is often stricter. An employer in Portland meets Oregon's interview-stage rule and then Portland's offer-first rule; one in Los Angeles meets California's law and the City's. New Jersey went the other way and preempted local ordinances, so a New Jersey city cannot add its own hiring rule for private employers.
| Where you hire | Laws that apply | Rule that governs in practice |
|---|---|---|
| Los Angeles | California (5+ employees) and the City ordinance (10+ employees) | Both: offer first; the City adds the ad statement |
| Portland | Oregon (all employers, interview stage) and the City ordinance (6+ employees) | The City's offer-first rule |
| New York City | The City's Fair Chance Act (4+ employees, Commission guidance) | Offer first, Fair Chance Notice, 5 business days |
| New Jersey cities | The state act only; local ordinances are preempted except for municipal operations | The state's interview-stage rule |
Headcount thresholds differ too, so the same company can be covered in one city and not in the state around it. A seven-person employer in Portland is covered by the City (six or more); the same employer with nine people in Los Angeles is covered by California (five or more) but not by the City (ten or more).
One process that works in every location
If you hire in several of these places, separate processes per location tend to break: a recruiter copies the wrong template, or a Google search happens before an offer in a state where that counts as asking. The usual fix is one company-wide process built on the strictest common version.
- No criminal-history question on any application, form or careers page, anywhere.
- No ads that say people with records need not apply.
- No background check, court search or web search on a candidate until a conditional offer is made in writing.
- An individualized assessment on the three EEOC factors for any record you might act on, written down.
- A written notice with the report, and at least five business days to respond before a final decision.
- A final written decision that names the record and the reason.
Five business days covers California and New York City, but not every place: Philadelphia's page gives 10 days. Use the longest wait among your locations, or set the wait per location.
Philadelphia Commission on Human Relations; 2 CCR § 11017.1(c)(2)(E)
The FCRA's pre-adverse and adverse notices still apply when a background check company supplies the report; the adverse action timeline tool lays the federal steps and the local wait on one calendar. California's full sequence is in the California Fair Chance Act guide, and New York City's in the NYC Fair Chance Act guide.
What to do
- Adopt the six steps above company-wide, with the longest local wait.
- Train recruiters that a web search before the offer is a criminal-history inquiry in some places.
- Re-read your locations' laws once a year; Washington and Philadelphia both changed theirs recently.
- Jurisdictions read for this table
- 19, on Oct. 23, 2026
- Not on the first application
- 5 in the table
- Not before the first interview
- 5 in the table
- Not before a conditional offer
- 9 in the table
- California coverage
- 5 or more employeesCal. Gov. Code § 12952
- NYC coverage
- 4 or more employees (guidance)NYC Admin. Code § 8-107(11-a)
- California and NYC response time
- At least 5 business days2 CCR § 11017.1; NYC guidance
- Federal contractors
- After a conditional offer41 U.S.C. § 4714
- EEOC factors
- Offense, time passed, the jobEEOC No. 915.002, § V.B.1
Questions employers ask
Does ban the box mean I cannot run a background check?
No. It decides when you may ask or check, and often what you must do before rejecting someone because of a record. The check itself stays legal, under the FCRA's rules when a background check company runs it.
Is there a federal ban-the-box law for private employers?
Not in general. Federal agencies and federal contractors (for jobs related to the contract) must wait for a conditional offer. Other private employers follow their state and city laws, plus the EEOC's guidance if they have 15 or more employees.
Can I still ask if the candidate brings up their record?
It depends on the place. New Jersey allows questions once the applicant volunteers the record. Portland says to disregard it until after the offer. Washington requires a written notice of the law's rules if a record comes up early.
Our application is used in several states. Which rule do I follow?
The strictest one among the places you hire, unless you keep separate applications per location. In practice that means no conviction question on any form and no check until after a conditional offer.
Why is my state not in the table?
The table lists only jurisdictions whose law or enforcing agency we read on October 23, 2026. Several official sites could not be opened that day. Absence here does not mean your state has no law; check its labor department or civil rights agency.