Ban-the-Box Checker
Check when you may ask about or run a criminal background check based on ban-the-box rules.
Reviewed by theComplianceToolsLibrary Editorial Team · Last updated
Key facts
- Not uniform
- Ban-the-box rules are set by states and cities and vary widely
- Typical rule
- Delay criminal-history questions until later in hiring (often after a conditional offer)
- Scope varies
- Some laws cover public employers only; others cover private employers too
- Plus federal FCRA
- Background checks must also follow the federal Fair Credit Reporting Act
When can you ask about criminal history?
"Ban-the-box" (fair-chance) laws restrict when in the hiring process an employer can ask about, or act on, a candidate's criminal history. The common rule is to remove the criminal-history checkbox from applications and delay the question until later — often after an initial interview or a conditional offer — so a record doesn't automatically screen someone out.
These laws are enacted at the state and city level and differ in scope: some apply only to public employers, while others reach private employers and may require individualized assessments before rejecting a candidate. On top of any ban-the-box rule, running a background check through a third party triggers the federal Fair Credit Reporting Act's notice and consent requirements.
How to use this tool
- 1
Select the state
Choose a state where you hire.
- 2
Review the rule
See whether a ban-the-box law applies and to which employers.
- 3
Time your inquiry
Delay criminal-history questions to the stage the law allows.
- 4
Follow the FCRA
Apply FCRA notice and consent steps for any background check.
Common mistakes to avoid
- Keeping a criminal-history checkbox on applications in covered jurisdictions.
- Automatically rejecting candidates without an individualized assessment where required.
- Skipping FCRA pre-adverse and adverse-action notices.
- Applying one location's rule across a multi-state hiring process.
What to do next
- Remove criminal-history questions from early-stage applications where required.
- Build a compliant timing and individualized-assessment process.
- Follow FCRA steps for any third-party background check.
- Check related rules with the Salary History Ban Checker.
Sources
Frequently asked questions
What does ban-the-box mean?
Fair-chance laws that remove the criminal-history checkbox from applications and delay that question until later in hiring.
When can I ask about a candidate's criminal record?
It depends on the jurisdiction — often only after an initial screen or a conditional offer. Check the local rule.
Do ban-the-box laws cover private employers?
Some do and some don't — many cover only public employers, while others extend to private employers.
Do I still have to follow the FCRA?
Yes. Any third-party background check must follow the federal Fair Credit Reporting Act's notice and consent rules.
Related tools
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