Ban the Box States List: Guide to Background Check Laws

The 2026 Ban the Box states list for private employers includes California, Colorado, Connecticut, Hawaii, Illinois, Maryland, Massachusetts, Minnesota, New Jersey, Oregon, Rhode Island, Vermont, and Washington. These laws generally delay criminal-history questions until after an application review, interview, or conditional offer, depending on the jurisdiction. Employers still may conduct background checks later in the hiring process, but timing rules vary by state, county, and city.

This guide explains how Ban the Box laws affect background check compliance, when employers may ask about criminal history, which states apply to private employers, and how companies can reduce hiring risk while following FCRA and fair chance hiring requirements. Employers managing multi-state hiring workflows should review current local requirements carefully because city and county rules may impose stricter standards than statewide laws.

What Is a Ban the Box Law?

Ban the Box laws delay criminal-history questions until later in the hiring process so employers can evaluate qualifications first. These fair chance hiring laws do not eliminate criminal background checks. Instead, they regulate when employers may ask about criminal convictions or order criminal record checks during hiring.

The phrase “ban the box” refers to removing the checkbox on initial job applications that asks whether a candidate has a criminal record. Many states adopted these laws to reduce automatic disqualification and support fair employment opportunities for qualified applicants with prior convictions.

The Equal Employment Opportunity Commission also advises employers to avoid blanket exclusion policies and instead evaluate whether a conviction directly relates to the position. EEOC guidance recommends considering:

• The nature of the offense
• The time since the conviction
• The duties of the position
• Evidence of rehabilitation
• Workplace safety concerns

Employers that ignore these considerations may increase exposure to employment discrimination claims or inconsistent hiring practices.

Ban the Box States List for Private Employers in 2026

Use this table as a starting point, not a legal determination. Many states apply different rules to public employers and private employers, while cities and counties may impose stricter timing requirements than statewide laws. Employers hiring across jurisdictions should verify current state, county, and city rules before asking about criminal history or ordering a background check.

State	Private Employer Coverage	When Criminal History May Be Asked
California	Employers with 5+ employees	After a conditional job offer
Colorado	Most private employers	After initial application review
Connecticut	Most employers	Later in the hiring process
Hawaii	All private employers	After a conditional offer
Illinois	Employers with 15+ employees	After interview
Maryland	Employers with 15+ full-time employees	After the first interview
Massachusetts	Most private employers	Not on initial application
Minnesota	Private employers	After interview
New Jersey	Employers with 15+ employees	After the initial interview
Oregon	Most private employers	After the interview or conditional offer
Rhode Island	Employers with 4+ employees	After the initial interview
Vermont	Most employers	During the interview or later
Washington	Most private employers	After the applicant is deemed qualified

Several states without statewide Ban the Box laws still enforce city-level restrictions. Employers operating in New York City, Philadelphia, Los Angeles, Kansas City, Montgomery County, or Prince George’s County may face additional timing rules.

For example:

• New York City generally delays criminal background checks until after a conditional offer.
• Philadelphia limits criminal-history inquiries before a conditional offer.
• Kansas City delays criminal-history questions until after an interview.
• Prince George’s County restricts criminal-history questions before the first interview for covered employers.

State and local laws also change frequently. Employers should confirm current requirements with qualified legal counsel before updating hiring procedures.

Public Employers vs. Private Employers

Some Ban the Box laws apply only to government agencies, while others extend to private employers. This distinction creates one of the most common compliance mistakes during multi-state hiring.

States such as North Carolina, Pennsylvania, and Wisconsin primarily apply fair chance hiring requirements to public employers at the statewide level. Meanwhile, states like California, Hawaii, Oregon, and Washington extend restrictions to many private employers.

Employer size also matters. Certain states only apply Ban the Box laws to businesses with a minimum number of employees.

Examples include:

• California: 5+ employees
• Illinois: 15+ employees
• Maryland: 15+ full-time employees
• Rhode Island: 4+ employees

A company hiring remotely across multiple jurisdictions may need different application workflows depending on where the candidate lives and where the work occurs.

How Ban the Box Laws Affect Background Checks

Ban the Box laws changed the timing of criminal-history inquiries, but they did not eliminate employer screening obligations. Employers still use criminal background checks, employment verification, drug screening, identity verification, and professional license checks to reduce negligent hiring risks and protect workplace safety.

The biggest compliance issue usually involves timing. Employers often use standardized applications or automated ATS workflows that ask criminal-history questions too early for certain jurisdictions.

A common compliance workflow now looks like this:

1. Candidate submits initial application without criminal-history questions where prohibited
2. Employer evaluates qualifications first
3. Employer conducts an interview or extends a conditional offer, depending on state law
4. Employer obtains written authorization for background screening
5. Employer performs an individualized assessment if the records appear
6. Employer follows FCRA adverse-action procedures if necessary

Many employers also separate criminal-history screening from other verification steps. For example, a healthcare organization may verify licenses and sanctions status earlier in the process while delaying criminal record checks until the legally permitted stage.

Sapphire Check helps employers map screening timing by jurisdiction, separate criminal-history questions from initial applications where required, document individualized assessments, and align FCRA adverse-action steps with each hiring workflow.

Common Ban the Box Compliance Risks

Many hiring violations happen because employers rely on outdated application forms, inconsistent recruiter practices, or incomplete local-law reviews. Multi-state employers face the highest risk because city and county rules often differ from statewide requirements.

One common issue involves using the same hiring workflow nationwide without adjusting criminal-history timing requirements by jurisdiction.

Another frequent issue involves adverse-action compliance. Some employers deny applicants based on criminal records without:

• Sending pre-adverse action notices
• Allowing time for disputes
• Reviewing individualized circumstances
• Documenting job-related reasoning

Employers also create risk when they fail to distinguish between arrests and convictions. Some laws limit how arrest records may be considered during employment decisions.

Example Compliance Scenario

A transportation company hiring commercial drivers across California, Texas, and Washington may need three different hiring workflows.

In California, criminal-history inquiries generally must wait until after a conditional offer. In Washington, employers cannot ask about criminal records before determining a candidate is otherwise qualified. Texas currently has no statewide private-employer Ban the Box law, but city-level rules may still apply depending on the location.

Without jurisdiction-specific workflows, employers can accidentally violate local timing requirements even while using the same ATS system nationwide.

Conclusion

Background screening compliance now involves more than ordering a criminal background check. Employers must coordinate Ban the Box laws, local ordinances, FCRA procedures, individualized assessments, and industry-specific rules while keeping hiring timelines efficient. Companies hiring across multiple states should maintain documented screening procedures and regularly review recruiter training, application language, and adverse-action workflows as laws continue to change.

At Sapphire Check, we help employers manage background screening programs that align with fair chance hiring and Ban the Box requirements. We support criminal background checks, jurisdiction-specific screening workflows, and adverse-action documentation for more consistent hiring compliance. Contact us today to learn how Sapphire Check can support your background screening compliance process.

FAQs

What states have Ban the Box laws for private employers?

Several states currently apply Ban the Box or fair chance hiring laws to private employers, including California, Colorado, Connecticut, Hawaii, Illinois, Maryland, Massachusetts, Minnesota, New Jersey, Oregon, Rhode Island, Vermont, and Washington. Some states apply these rules only to employers above a certain employee threshold. Local county and city laws may also impose stricter requirements than statewide rules.

Do Ban the Box laws prohibit background checks?

No. Ban the Box laws do not prohibit employers from conducting criminal background checks. These laws mainly regulate when employers may ask about criminal history or order criminal record checks during the hiring process. Most employers may still conduct screening later in hiring after an interview or a conditional offer.

What is the difference between public-employer and private-employer Ban the Box laws?

Public-employer laws apply only to government agencies or state employers, while private-employer laws apply to private businesses that meet certain requirements. Some states only regulate government hiring, while others extend protections to private companies. Employer size, city ordinances, and industry-specific rules can also affect coverage.

Can employers still deny employment based on criminal convictions?

Yes, but many jurisdictions require employers to perform individualized assessments before making employment decisions based on criminal records. Employers often must evaluate whether the conviction directly relates to the position and consider factors such as time since conviction and workplace safety risks. Employers may also need to follow FCRA adverse-action procedures before final denial decisions.

Why do local laws matter for background check compliance?

City and county regulations sometimes create stricter hiring rules than statewide laws. Employers operating in jurisdictions such as New York City, Philadelphia, Los Angeles, Montgomery County, or Prince George’s County may face additional timing restrictions for criminal-history inquiries. Multi-state employers should regularly review both state and local compliance requirements.