What a ban the box law does, and does not do
The "box" is the application checkbox that asks "Have you ever been convicted of a crime?" A ban the box law removes it from the first step of hiring. The employer may ask later, usually at the first interview or after a conditional offer, and may still run a background check.
The National Employment Law Project counts 37 states and D.C. with a statewide policy, more than 150 cities and counties with local policies, and 15 states plus D.C. whose laws reach private employers (NELP guide, October 1, 2021). We read each of those statutes in October 2026 and cite them below.
These laws do not require an employer to hire you, erase a record, or stop a background check. Most carve out jobs where another law requires a check, such as schools, health care, banks and law enforcement. What the check shows: background checks explained; how to answer: how to talk about a conviction. Rules vary by state and by job. Check your state labor department or a legal aid office for your situation.
States where the law covers private employers
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| State | When a private employer may first ask | Who is covered, and other rules | Statute |
|---|---|---|---|
| California | Only after a conditional offer | Employers with 5 or more employees. Employer must assess your record against the job, send a written preliminary decision, and allow at least 5 business days to respond. It may not consider arrests without conviction, diversion, or sealed, dismissed or expunged convictions. | Gov. Code 12952 (amended effective January 1, 2019) |
| Colorado | Not on the initial application and not in ads | All employers since September 1, 2021 (11 or more employees from September 1, 2019). Employers may obtain a publicly available criminal background report at any time. | C.R.S. 8-2-130, Colorado Chance to Compete Act (HB19-1025, signed May 28, 2019) |
| Connecticut | Not on the initial employment application | Exceptions when a law requires the question or the job needs a fidelity bond. You need not disclose erased records. | Conn. Gen. Stat. 31-51i(b) |
| Hawaii | Only after a conditional offer | Employer may consider only felonies from the most recent 7 years and misdemeanors from the most recent 5, excluding time in prison, and only if the conviction relates to the job. | HRS 378-2.5 (1998, amended 2020) |
| Illinois | After you are found qualified and notified of an interview, or after a conditional offer if there is no interview | Exceptions where law excludes certain convictions, where a fidelity bond is required, and for EMS roles. | 820 ILCS 75 |
| Maine | Not on the initial application; may ask during an interview or once you are otherwise qualified | Postings may not say people with records cannot apply. You must get a chance to explain. | 26 M.R.S. 600-A (P.L. 2021, c. 404) |
| Maryland | Not before the first in-person interview; a phone or video interview counts | Employers with 15 or more full-time employees. Effective February 29, 2020. | Lab. & Empl. 3-1501 to 3-1503 |
| Massachusetts | Not on the initial written application | Employers also may not ask about arrests without conviction, first minor misdemeanors, most misdemeanors more than 3 years old, or sealed or expunged records. | G.L. c. 151B, 4(9) and 4(9 1/2) |
| Minnesota | Not until you are selected for an interview, or before a conditional offer if there is no interview | Exceptions for employers with a legal duty to run a check. | Minn. Stat. 364.021 (amended 2013) |
| New Jersey | Not during the initial application process, which ends after the first interview | Employers with 15 or more employees. Ads may not say people with records will not be considered. Effective March 1, 2015. | N.J.S.A. 34:6B-11 to 19 (P.L. 2014, c. 32) |
| New Mexico | Not on a written or electronic application | A private employer may consider a conviction after reviewing the application and discussing the job with you. | S.B. 96 (2019), Laws 2019, ch. 176, signed April 3, 2019 |
| Oregon | Not on the application or before the initial interview, or before a conditional offer if there is no interview | Exceptions for law enforcement, criminal justice employers, volunteers, and jobs where law requires the check. | ORS 659A.360 (2015 c. 559) |
| Rhode Island | Not on the application; may ask at the first interview or after | Exceptions where a law creates a mandatory disqualification or a fidelity bond is required. | R.I. Gen. Laws 28-5-7(7) |
| Vermont | Not on the initial application; may ask during the interview or once you are otherwise qualified | You must get a chance to explain. Civil penalty up to $100 per violation. Effective July 1, 2017. | 21 V.S.A. 495j |
| Washington | Not until the employer finds you otherwise qualified and makes a conditional offer | Employers with 15 or more employees from July 1, 2026, smaller employers from January 1, 2027 (2025 amendment). Ads may not say "no felons". Employer must name the record and hold the job open at least 2 business days. | RCW 49.94.010 (2018 c. 38; 2025 c. 71) |
| District of Columbia | Convictions only after a conditional offer; arrests and non-pending accusations never | Employers with more than 10 employees. An offer may be withdrawn only for a legitimate business reason weighed against six listed factors. You may request the records within 30 days. | D.C. Code 32-1341 and 32-1342 |
Employer-size thresholds appear where the statute states one.
States where the law covers public employers only
These states limit the question for government jobs only, by statute or executive order. Years are from NELP's guide (October 1, 2021); check your state for changes since.
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| State | Year | State | Year |
|---|---|---|---|
| Arizona | 2017 | New York | 2015 |
| Delaware | 2014 | North Carolina | 2020 |
| Georgia | 2015 | North Dakota | 2019 |
| Indiana | 2017 | Ohio | 2015 |
| Kansas | 2018 | Oklahoma | 2016 |
| Kentucky | 2017 | Pennsylvania | 2017 |
| Louisiana | 2016 | Tennessee | 2016 |
| Michigan | 2018 | Utah | 2017 |
| Missouri | 2016 | Virginia | 2015, 2020 |
| Nebraska | 2014 | Wisconsin | 2016 |
| Nevada | 2017 | New Hampshire | 2020 |
NELP also counts 22 local laws that reach private employers (October 1, 2021); in a large city, check the city's own rule.
Federal jobs and federal contractors
The Fair Chance to Compete for Jobs Act bars federal agencies, and contractors acting on their behalf, from asking about criminal history before a conditional offer. It was signed December 20, 2019 as part of Public Law 116-92 (OPM, Federal Register, April 27, 2022); OPM finalized its rules on October 2, 2023 (FDIC careers page). Exceptions include law enforcement officers and positions that need classified access.
If an employer breaks the rule
Each statute names its enforcer, for example California's Civil Rights Department (Gov. Code 12952(c)(5)), Colorado's Department of Labor and Employment (HB19-1025) and Oregon's Bureau of Labor and Industries (ORS 659A.362). Keep a copy of any application or ad that asks too early.
Current openings
See warehouse jobs, driver jobs and general labor jobs. Los Angeles warehouse and Chicago warehouse openings fall under California and Illinois law; Texas and Arizona have no statewide private-employer law, so for Houston driver and Phoenix warehouse openings the employer's policy decides. Employers that publish policies: second chance jobs; roles open to people with records: fair chance warehouse and driving jobs.
Source-linked openings
Current source-linked listings could not be confirmed in this sample. Check the category search and each original posting for availability.
How to verify a listing
Every opening on JobPin links to its source posting. Open it and check the date. A posting that says a background check follows a conditional offer is normal. An application that asks "Have you ever been convicted?" in a covered state is a sign the employer is not following the law. No legitimate employer charges a fee to apply.
How JobPin dates and sources listings: How JobPin verifies listings and events. Report a listing.