Quick Answer
Ban-the-box refers to laws and policies that prohibit employers from asking about criminal history on initial job applications — removing the checkbox that asks 'Have you ever been convicted of a crime?' These laws delay criminal history inquiries until later in the hiring process, giving candidates with records a fair chance to be evaluated on their qualifications first.
States with Laws
37+ states (2026)
Cities/Counties
150+ jurisdictions
Core Rule
No criminal history on applications
Inquiry Timing
After conditional offer (most states)
Americans with Records
70+ million
First Adopted
Hawaii, 1998
Ban-the-box laws generally prohibit employers from including criminal history questions on job applications. Instead, employers may inquire about criminal history only after a conditional offer has been made or, in some jurisdictions, after the first interview. The goal is to ensure that candidates are evaluated based on their skills and qualifications before criminal history enters the conversation. This does not prevent employers from conducting background checks — it simply delays when that information is considered.
As of 2026, over 37 states and more than 150 cities and counties have adopted some form of ban-the-box legislation. States with comprehensive ban-the-box laws covering private employers include California, Colorado, Connecticut, Hawaii, Illinois, Massachusetts, Minnesota, New Jersey, New Mexico, Oregon, Rhode Island, Vermont, and Washington. Many other states apply the restriction only to public-sector employers. The specific requirements — including when criminal history can be considered and what notices must be provided — vary significantly by jurisdiction.
Employers in ban-the-box jurisdictions must remove criminal history questions from job applications, delay criminal history inquiries until the legally permitted stage of the hiring process, conduct individualized assessments when criminal history is discovered (considering the nature of the offense, time elapsed, and relevance to the position), provide required notices to candidates when criminal history influences a hiring decision, and comply with any jurisdiction-specific adverse action procedures that may be stricter than federal FCRA requirements.
Beyond legal compliance, fair chance hiring offers tangible business benefits. Research from the Society for Human Resource Management shows that employees hired through fair chance programs demonstrate higher retention rates, strong job performance, and greater loyalty. With over 70 million Americans having some form of criminal record, ban-the-box policies also significantly expand the available talent pool — a meaningful advantage in competitive labor markets.
VerifAI's platform is designed to support ban-the-box compliance across all jurisdictions. The system automatically applies location-specific rules to determine when criminal history can be considered, guides employers through required individualized assessments, generates compliant notices and documentation, and maintains audit trails that demonstrate adherence to local fair chance hiring laws. This automation ensures consistent compliance even when hiring across multiple states with different requirements.