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Ban the box laws by state and municipality

Discover how Ban the Box laws vary by state and what employers need to know before requesting criminal history in the hiring process.

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by Brightmine Editorial Team

Fair‑chance hiring has become a major priority for HR teams as more states and localities adopt “ban the box” laws that restrict when employers may ask about a candidate’s criminal history. These laws are designed to promote equitable hiring by preventing automatic disqualification and ensuring applicants are evaluated based on their skills and qualifications rather than past convictions.

Across the country, jurisdictions are increasingly delaying when criminal history inquiries may occur, often prohibiting employers from asking about convictions until later stages in the hiring process such as after an interview or once a conditional offer has been made. This approach supports reintegration, expands talent pools, and reduces bias in recruitment.

Many states also impose related restrictions on the use of credit history in employment decisions, reinforcing the broader move toward fair, transparent, and inclusive hiring practices. HR leaders must stay ahead of this evolving legal landscape to ensure compliance while strengthening their employer brand.

Our comprehensive fifty‑state chart gives HR professionals a clear overview of ban‑the‑box laws at both state and local levels, helping organisations quickly understand where restrictions apply and how they affect private‑sector hiring. In light of these regulations, employers should review and update their employment applications and hiring processes to align with fair‑chance standards and minimise legal risk.

Screenshot of the Brightmine Fifty State Chart on ban the box laws

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Latest updates

Updated to reflect the implementation of amendments to Philadelphia’s Fair Criminal Record Screening Standards Ordinance, effective January 6, 2026.

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