The Employer's State-by-State Guide to Ban-the-Box Laws: What You Must Do Before You Ask

Ban-the-box laws require employers to remove the criminal history checkbox from job applications and delay questions about an applicant's record until later in the hiring process, typically after a conditional offer of employment has been made. The name comes from the checkbox that once appeared on nearly every job application asking whether the applicant had ever been convicted of a crime.

The movement began in the early 2000s as a civil rights effort to give people with criminal records a fair opportunity to be evaluated on their qualifications before their record became a disqualifying factor. Today, more than 37 states and 150 cities and counties have enacted some form of ban-the-box or fair chance hiring law, and the landscape continues to expand.

For employers, especially those hiring across multiple states, understanding which jurisdictions apply to your workforce and what each law requires is not optional. Violations can result in civil penalties, class action lawsuits, and EEOC investigations.

Industries with high turnover, including retail, hospitality, warehousing, transportation, and staffing, are among the most exposed to ban-the-box liability. When you are hiring hundreds or thousands of people per year, even a single non-compliant application form or an improperly timed criminal history inquiry can become a systemic violation affecting every applicant in that jurisdiction.

The risk is compounded when employers use a single national job application template without customizing it for each state or city. A form that is legal in Texas may violate the law in Philadelphia, Los Angeles, or New York City, all of which have their own specific timing, notice, and individualized assessment requirements.

The following table summarizes key ban-the-box requirements for states with laws that apply to private employers. Note that many states also have city or county ordinances that impose stricter requirements than the state law.

This table reflects laws in effect as of early 2026. Laws change frequently. Always verify current requirements with qualified employment counsel for your specific jurisdictions.

Even in states without a statewide ban-the-box law, individual cities may have enacted their own ordinances. Some of the most notable local laws include:

Compliance with ban-the-box laws requires more than removing a checkbox from your application. Employers need to build a structured process that addresses timing, notice, and individualized assessment requirements across every jurisdiction where they hire.

As of early 2026, the following states do not have a statewide ban-the-box law that applies to private employers: Alabama, Alaska, Arizona, Arkansas, Florida, Georgia, Idaho, Indiana, Iowa, Kansas, Kentucky, Louisiana, Michigan, Mississippi, Missouri, Montana, Nebraska, Nevada, North Dakota, Ohio, Oklahoma, South Carolina, South Dakota, Tennessee, Texas, Utah, West Virginia, Wisconsin, and Wyoming.

However, the absence of a statewide law does not mean there are no local requirements. Cities like Austin, Dallas, and Houston in Texas, and Columbus and Cleveland in Ohio, have enacted their own fair chance hiring ordinances. Employers hiring in these areas must research local requirements independently.

Additionally, EEOC guidance on criminal records applies nationwide regardless of whether a state has a ban-the-box law. Using criminal records to screen out applicants in a way that has a disparate impact on a protected class can violate Title VII even in states with no ban-the-box statute.