What Does "Ban the Box" Mean?

"Ban the Box" policies refer to the common application checkbox where candidates indicate whether they have a criminal history. Because most applications are immediately rejected when the "yes" box is checked, many qualified future employees may be unfairly excluded from consideration. Removing this question from the initial application process, particularly in conjunction with "Clean Slate" policies, can help level the playing field and encourage a more equitable review of applicants.

When Can I Request a Criminal Background Check?

Of course, criminal background checks remain an essential part of reviewing candidates for many positions, particularly those which require contact with vulnerable populations or handling of financial or sensitive information. "Ban the Box" legislation does not prohibit employers from requesting background checks. Instead, these laws address when in the hiring process a criminal background check may be requested—typically after a first interview or a conditional job offer.

Who Has Ban the Box Laws?

The majority of states (currently 37) have "Ban the Box" laws in place, with additional legislation at county and city levels in many areas. Employers subject to these laws vary by jurisdiction, but often include either all organizations, only public or private entities, or those with a particular threshold of employees (10, 15, 20 or more). For example, Maryland's statewide Ban the Box law applies to employers with 15 or more full-time employees, but Baltimore's local legislation expands policy to include those with 10 or more employees. States which currently have Ban the Box laws are:



• Alabama (local only) 
• Arizona
• Arkansas (local only)
• California
• Connecticut
• Florida (local only)
• Hawaii
• Illinois 
• Indiana
• Iowa (local only)
• Kentucky
• Maryland
• Massachusetts
• Minnesota
• Missouri
• Nevada
• New Jersey
• New York
• North Dakota
• Oregon
• Pennsylvania
• Rhode Island
• South Carolina (local only)
• Tennessee
• Texas (local only)
• Utah
• Vermont
• Washington
• Washington, DC
• Wisconsin

Criminal and Background Screenings with Employers Reference Source, Inc.

At Employers Reference Source, Inc., our background screenings, including criminal record checks, are in full compliance with applicable laws and regulations. Providing quality screenings and employment services since 1990, our expert team offers quality results, typically in 24-48 hours, with no minimums required. Contact us today to improve your hiring process with our professional screening services.