HomeCompliance Guide
Updated for 2026

State-by-State Background Check Compliance Guide

Navigate the complex patchwork of employment screening laws across all 50 states and DC. Ban-the-box, salary history bans, lookback limits, and key regulations — all in one place.

Showing 51 of 51 jurisdictions

Alabama

(AL)
No Ban-the-BoxNo limit lookback

Key Laws: No state-specific background check restrictions

Follows federal FCRA guidelines. No ban-the-box for private employers.

Alaska

(AK)
No Ban-the-BoxNo limit lookback

Key Laws: No state-specific restrictions for private employers

State agencies have ban-the-box policies but private employers are not restricted.

Arizona

(AZ)
No Ban-the-BoxNo limit lookback

Key Laws: No state-level ban-the-box for private employers

Phoenix has a local ban-the-box ordinance for city contractors.

Arkansas

(AR)
No Ban-the-BoxNo limit lookback

Key Laws: Criminal record sealing available for certain offenses

Follows federal FCRA. No additional state restrictions for private employers.

California

(CA)
Ban-the-Box Salary Ban7 years lookback

Key Laws: AB 1008 (Fair Chance Act), ICRAA, AB 749

Most restrictive state. Cannot ask about criminal history until conditional offer. 7-year lookback for most records. Salary history ban statewide. Individualized assessment required.

Colorado

(CO)
Ban-the-Box Salary Ban7 years lookback

Key Laws: Chance to Compete Act (HB 19-1025), Equal Pay Act

Ban-the-box for all employers with 11+ employees. Cannot ask about salary history. 7-year lookback for criminal records.

Connecticut

(CT)
Ban-the-Box Salary Ban7 years lookback

Key Laws: Fair Chance Employment Act, PA 19-93

Cannot ask about criminal history on applications. Salary history ban. Erasure (expungement) provisions expanded.

Delaware

(DE)
Ban-the-Box Salary BanNo limit lookback

Key Laws: Ban the Box (HB 167), Equal Pay Act

Ban-the-box for all employers. Cannot ask about salary history. No lookback limit.

Florida

(FL)
No Ban-the-Box7 years lookback

Key Laws: 7-year lookback limit for consumer reports

7-year limit on reporting non-conviction records. No statewide ban-the-box for private employers. Some local ordinances apply.

Georgia

(GA)
No Ban-the-Box7 years lookback

Key Laws: First Offender Act, record restriction provisions

7-year lookback for consumer reports. No ban-the-box for private employers. First Offender records may be restricted.

Hawaii

(HI)
Ban-the-Box Salary Ban7 years lookback

Key Laws: HRS §378-2.5, Act 108

Cannot consider criminal history until conditional offer. Salary history ban. 7-year lookback. One of the most protective states.

Idaho

(ID)
No Ban-the-BoxNo limit lookback

Key Laws: No state-specific restrictions

Follows federal FCRA guidelines. No additional state restrictions for private employers.

Illinois

(IL)
Ban-the-Box Salary Ban7 years lookback

Key Laws: Job Opportunities for Qualified Applicants Act, Equal Pay Act, BIPA

Ban-the-box statewide. Salary history ban. 7-year lookback. BIPA restricts biometric data collection including fingerprints.

Indiana

(IN)
No Ban-the-BoxNo limit lookback

Key Laws: Limited expungement provisions

No ban-the-box for private employers. No lookback limit. Some records eligible for expungement.

Iowa

(IA)
No Ban-the-Box7 years lookback

Key Laws: 7-year reporting limit for consumer reports

7-year lookback for consumer reports. No ban-the-box for private employers.

Kansas

(KS)
No Ban-the-Box7 years lookback

Key Laws: 7-year reporting limit

7-year lookback for consumer reports. No ban-the-box for private employers.

Kentucky

(KY)
No Ban-the-BoxNo limit lookback

Key Laws: Expungement provisions for certain offenses

No ban-the-box for private employers. Louisville has a local ban-the-box ordinance.

Louisiana

(LA)
Ban-the-BoxNo limit lookback

Key Laws: La. R.S. 23:291, Ban the Box Act

Ban-the-box for employers with 20+ employees. Cannot ask about criminal history on initial application.

Maine

(ME)
Ban-the-Box Salary BanNo limit lookback

Key Laws: LD 1167, Equal Pay Act

Ban-the-box for all employers. Salary history ban. Cannot ask about criminal history on applications.

Maryland

(MD)
Ban-the-Box Salary Ban7 years lookback

Key Laws: Fair Access to Employment Act, Equal Pay Act

Ban-the-box for employers with 15+ employees. Salary history ban. 7-year lookback.

Massachusetts

(MA)
Ban-the-Box Salary Ban7 years lookback

Key Laws: CORI Reform Act, Equal Pay Act

Strong ban-the-box. Cannot ask about criminal records on applications. Salary history ban. 7-year lookback for most records.

Michigan

(MI)
No Ban-the-BoxNo limit lookback

Key Laws: Clean Slate Act (automatic expungement)

No ban-the-box for private employers. Clean Slate Act provides automatic expungement for eligible offenses.

Minnesota

(MN)
Ban-the-BoxNo limit lookback

Key Laws: Ban the Box Law (2014)

Ban-the-box for all employers. Cannot ask about criminal history until interview stage or conditional offer.

Mississippi

(MS)
No Ban-the-BoxNo limit lookback

Key Laws: No state-specific restrictions

Follows federal FCRA guidelines. No additional state restrictions.

Missouri

(MO)
No Ban-the-Box7 years lookback

Key Laws: 7-year reporting limit for consumer reports

7-year lookback for consumer reports. Kansas City and St. Louis have local ban-the-box ordinances.

Montana

(MT)
No Ban-the-Box7 years lookback

Key Laws: 7-year reporting limit

7-year lookback for consumer reports. No ban-the-box for private employers.

Nebraska

(NE)
No Ban-the-BoxNo limit lookback

Key Laws: Limited restrictions

No ban-the-box for private employers. Lincoln has a local ban-the-box ordinance.

Nevada

(NV)
Ban-the-Box Salary Ban7 years lookback

Key Laws: AB 384 (Ban the Box), SB 293 (Salary History)

Ban-the-box for all employers. Salary history ban. 7-year lookback. Cannot deny employment solely based on criminal history.

New Hampshire

(NH)
No Ban-the-Box7 years lookback

Key Laws: RSA 651:5 (annulment provisions)

7-year lookback for consumer reports. No ban-the-box for private employers. Annulment available for certain offenses.

New Jersey

(NJ)
Ban-the-Box Salary BanNo limit lookback

Key Laws: Opportunity to Compete Act, Diane B. Allen Equal Pay Act

Strong ban-the-box for all employers. Salary history ban. Cannot ask about criminal history until after initial interview.

New Mexico

(NM)
Ban-the-BoxNo limit lookback

Key Laws: Criminal Offender Employment Act

Ban-the-box for all employers. Cannot ask about criminal history on applications.

New York

(NY)
Ban-the-Box Salary Ban7 years lookback

Key Laws: Article 23-A, Fair Chance Act (NYC), NYCHRL

Very restrictive. Article 23-A requires individualized assessment. NYC Fair Chance Act is among the strongest in the nation. Salary history ban. 7-year lookback.

North Carolina

(NC)
No Ban-the-Box7 years lookback

Key Laws: 7-year reporting limit for consumer reports

7-year lookback for consumer reports. No ban-the-box for private employers. Charlotte and Durham have local ordinances.

North Dakota

(ND)
No Ban-the-Box7 years lookback

Key Laws: 7-year reporting limit

7-year lookback for consumer reports. No ban-the-box for private employers.

Ohio

(OH)
No Ban-the-BoxNo limit lookback

Key Laws: Record sealing provisions

No ban-the-box for private employers. Columbus and Cincinnati have local ban-the-box ordinances.

Oklahoma

(OK)
No Ban-the-Box7 years lookback

Key Laws: 7-year reporting limit for consumer reports

7-year lookback for consumer reports. No ban-the-box for private employers.

Oregon

(OR)
Ban-the-Box Salary Ban7 years lookback

Key Laws: Ban the Box (HB 3025), Equal Pay Act

Ban-the-box for all employers. Salary history ban. 7-year lookback. Cannot ask about criminal history before interview.

Pennsylvania

(PA)
No Ban-the-Box7 years lookback

Key Laws: Criminal History Record Information Act

Can only consider felony and misdemeanor convictions. 7-year lookback. Philadelphia has strong local ban-the-box.

Rhode Island

(RI)
Ban-the-Box Salary BanNo limit lookback

Key Laws: Ban the Box Act, Pay Equity Act

Ban-the-box for all employers. Salary history ban. Cannot ask about criminal history on applications.

South Carolina

(SC)
No Ban-the-BoxNo limit lookback

Key Laws: No state-specific restrictions

Follows federal FCRA guidelines. No additional state restrictions for private employers.

South Dakota

(SD)
No Ban-the-BoxNo limit lookback

Key Laws: No state-specific restrictions

Follows federal FCRA guidelines. No additional state restrictions.

Tennessee

(TN)
No Ban-the-BoxNo limit lookback

Key Laws: Criminal Offender Employment Act

No ban-the-box for private employers. Employers who hire ex-offenders may receive liability protection.

Texas

(TX)
No Ban-the-Box7 years lookback

Key Laws: 7-year reporting limit for consumer reports

7-year lookback for consumer reports unless salary exceeds $75,000. Austin has a local ban-the-box ordinance (currently enjoined).

Utah

(UT)
No Ban-the-Box7 years lookback

Key Laws: Clean Slate Act, 7-year reporting limit

7-year lookback for consumer reports. Clean Slate Act provides automatic expungement for eligible offenses.

Vermont

(VT)
Ban-the-BoxNo limit lookback

Key Laws: Fair Chance Employment Act

Ban-the-box for all employers. Cannot ask about criminal history on applications.

Virginia

(VA)
Ban-the-Box7 years lookback

Key Laws: Ban the Box (HB 981)

Ban-the-box for employers with 5+ employees. 7-year lookback for consumer reports.

Washington

(WA)
Ban-the-Box Salary Ban7 years lookback

Key Laws: Washington Fair Chance Act, Equal Pay Act

Strong ban-the-box. Cannot ask about criminal history until after initial determination of qualifications. Salary history ban. 7-year lookback.

West Virginia

(WV)
No Ban-the-BoxNo limit lookback

Key Laws: No state-specific restrictions

Follows federal FCRA guidelines. No additional state restrictions.

Wisconsin

(WI)
No Ban-the-BoxNo limit lookback

Key Laws: Wis. Stat. §111.335 (substantial relationship test)

Cannot refuse employment based on criminal record unless substantially related to the job. Madison and Milwaukee have local ban-the-box.

Wyoming

(WY)
No Ban-the-Box7 years lookback

Key Laws: 7-year reporting limit

7-year lookback for consumer reports. No ban-the-box for private employers.

District of Columbia

(DC)
Ban-the-Box Salary Ban7 years lookback

Key Laws: Fair Criminal Record Screening Act, Wage Transparency Act

Very strong ban-the-box. Cannot ask about criminal history until conditional offer. Salary history ban. 7-year lookback.

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