09/29/2025
Understanding âBan the Boxâ and What It Means for Employers
Hiring the right people is one of the most important decisions any business can make. But in recent years, new laws have changed the way employers are allowed to ask about job candidatesâ criminal histories. One of the most impactful of these laws is known as âBan the Box.â
What is âBan the Boxâ?
âBan the Boxâ refers to removing the checkbox on job applications that asks candidates if they have ever been convicted of a crime. The goal is to give individuals with past criminal records a fair chance at employment by ensuring they are first considered based on their qualificationsânot excluded automatically because of a past conviction.
Why Was It Created?
For many people with criminal records, one checkbox on an application meant instant disqualification, regardless of the nature of the offense or how long ago it happened. This created barriers to reentry into the workforce and contributed to higher unemployment rates for justice-involved individuals.
âBan the Boxâ laws were designed to:
Reduce hiring discrimination.
Support rehabilitation and reentry into society.
Encourage employers to evaluate applicants based on skills and experience first.
How Does It Work?
The specifics vary by state and city, but in general, âBan the Boxâ laws:
Delay criminal history inquiries until after a conditional job offer has been made (or at least after an initial interview).
Require individualized assessmentsâemployers must consider the nature of the offense, the time elapsed, and its relevance to the job.
Prohibit blanket exclusions that automatically disqualify candidates based on any criminal history.
Where Is âBan the Boxâ in Effect?
As of 2025, more than 37 states and over 150 cities and counties have passed some form of âBan the Boxâ or Fair Chance Hiring law. States such as California, Illinois, New York, and New Jersey have some of the strongest protections in place. In many areas, these laws apply not only to public-sector jobs but also to private employers.
What Employers Need to Know
If your organization operates in multiple states, compliance can get complicated. To stay on the right side of the law:
Review your job applications and remove questions about criminal history where prohibited.
Train hiring managers on when and how they can consider background information.
Partner with a trusted background screening provider that understands both federal and state compliance requirements.
Document individualized assessments if you make hiring decisions based on criminal records.
Key Takeaway
âBan the Boxâ doesnât mean employers canât consider criminal records at allâit simply changes when and how those records can be considered. By following these rules, employers can remain compliant, avoid costly lawsuits, and expand their candidate pool to include skilled individuals who deserve a second chance.