Ban-the-Box Laws by State in 2025: A Comprehensive Guide for Employers
In today’s evolving employment landscape, understanding ban-the-box laws is crucial for employers aiming to implement fair hiring practices. These laws, which vary across federal, state, and local levels, dictate when and how employers can inquire about an applicant’s criminal history during the hiring process. This guide provides an overview of ban-the-box legislation as of 2025, offering key insights for employers nationwide.
Key Takeaways for Employers
- Understand Applicable Laws: Familiarize yourself with federal, state, and local ban-the-box laws relevant to your hiring locations.
- Revise Hiring Practices: Remove criminal history questions from initial job applications and delay background checks until the appropriate stage of the hiring process.
- Conduct Individualized Assessments: Evaluate candidates with criminal histories on a case-by-case basis, considering the nature of the offense and its relevance to the job role.
- Stay Informed: Regularly review updates to ban-the-box legislation to maintain compliance and implement fair hiring practices.
What Are Ban-the-Box Laws?
Ban-the-box laws are regulations that prohibit employers from asking about an applicant’s criminal history on initial job applications. The term “ban the box” refers to removing the checkbox that asks if applicants have a criminal record. The primary goal is to ensure individuals with criminal histories are evaluated based on their qualifications first, promoting fair chances at employment.
Federal Ban-the-Box Initiatives
Fair Chance to Compete for Jobs Act
Enacted in 2019, the Fair Chance to Compete for Jobs Act (FCA) prohibits federal agencies and contractors from requesting criminal history information from applicants until after a conditional job offer is made. This federal mandate aims to set a standard for fair hiring practices across the nation.
EEOC Guidance
The Equal Employment Opportunity Commission (EEOC) enforces regulations under Title VII of the Civil Rights Act of 1964. The EEOC advises employers to assess criminal records on a case-by-case basis, considering factors such as the nature of the offense, the time elapsed since the conviction, and its relevance to the job role. This individualized assessment helps prevent discriminatory hiring practices.
State and Local Ban-the-Box Laws
As of 2025, numerous states, counties, and cities have implemented their own ban-the-box laws, each with specific provisions. Employers must be aware of and comply with these regulations to avoid potential legal issues.
States and Jurisdictions with Ban-the-Box Laws
For a comprehensive and interactive overview of ban-the-box laws by jurisdiction, check out our interactive map below.
Partner with EDIFY Screening
Ban-the-box laws are designed to promote fair employment opportunities for individuals with criminal records. By understanding and adhering to these laws, employers can contribute to a more inclusive workforce while mitigating legal risks. For comprehensive background screening solutions that comply with ban-the-box regulations, consider partnering with EDIFY Screening.
At EDIFY Screening, we stay up to date with the latest employment background check regulations and help businesses like yours maintain full compliance with federal, state, and local laws. To learn more about how we can support your hiring process or to request a free quote, contact us today or call 336-283-0237.
DISCLAIMER: The information provided here and, in the table, below is for educational purposes only and does not constitute legal advice. Please consult your legal counsel to ensure compliance with applicable laws.
Ban the Box Laws Map
Click on a state to jump to its details in the table.
State | Jurisdiction | Year Enacted | Covered Employers | Law Summary |
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