Ban-the-Box Laws: A State-by-State Guide for Employers (2026 Update)

What Are Ban-the-Box Laws?

Ban-the-box laws restrict when and how employers can inquire about a job applicant's criminal history during the hiring process. The term refers to the checkbox on job applications that asks whether the applicant has been convicted of a crime. These laws aim to give people with criminal records a fair chance at employment by delaying criminal history inquiries until later in the hiring process.

The Current Landscape

As of 2026, 37 states and over 150 cities and counties have adopted some form of ban-the-box legislation. The specifics vary significantly by jurisdiction — some laws apply only to public employers, while others cover private employers above a certain size. Some prohibit criminal history questions on the application, while others delay inquiries until after the first interview or conditional offer.

Federal Considerations

While there is no federal ban-the-box law, the EEOC has issued guidance stating that blanket policies excluding all applicants with criminal records may violate Title VII of the Civil Rights Act due to disparate impact on protected classes. The EEOC recommends individualized assessments that consider the nature of the offense, time elapsed, and relevance to the job.

Key State Requirements

California: Applies to employers with 5+ employees. Criminal history inquiry prohibited until after conditional offer. Must conduct individualized assessment before adverse action.

New York: Applies to all employers. Criminal history inquiry prohibited until after conditional offer. Must follow Article 23-A factors in evaluation.

Illinois: Applies to employers with 15+ employees. Criminal history inquiry prohibited on applications. Must conduct individualized assessment.

Texas: No statewide ban-the-box law, but Austin, San Antonio, and other cities have local ordinances.

How to Stay Compliant

The safest approach is to remove criminal history questions from all job applications, delay background checks until after a conditional offer, conduct individualized assessments for any findings, and document your decision-making process. AI-powered platforms like VerifAI automate compliance with jurisdiction-specific rules.