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Ban-the-Box Laws by State: A 2024 Guide for Job Seekers

OpenPath StaffMarch 23, 20268 min read

Ban-the-box laws prohibit employers from asking about criminal history on initial job applications. The goal: give applicants a chance to be judged on qualifications first.

States with Statewide Ban-the-Box Laws

Private employers covered: California, Colorado, Connecticut, Hawaii, Illinois, Maine, Maryland, Massachusetts, Minnesota, New Jersey, New Mexico, New York, Oregon, Rhode Island, Vermont, Washington.

Public employers only: Alabama, Arizona, Delaware, Florida, Georgia, Idaho, Indiana, Iowa, Kansas, Kentucky, Michigan, Missouri, Nebraska, Nevada, New Hampshire, North Carolina, Ohio, Oklahoma, Pennsylvania, South Carolina, South Dakota, Tennessee, Texas, Utah, Virginia, West Virginia, Wisconsin, Wyoming.

What This Means for You

If you're applying in a ban-the-box state, employers cannot ask "Have you been convicted of a crime?" on an application form. They may conduct a background check later — but only after a conditional job offer in many states.

Individualized Assessment

Many states require employers to conduct an individualized assessment before denying employment based on a record. Factors considered: - Nature of the offense - Time elapsed since conviction - Nature of the job - Evidence of rehabilitation

This is your opportunity to present context, references, and certifications.

OpenPath's SORNA Guide

For registrants specifically, the rules are different. See the SORNA Employment Guide for state-by-state analysis of what restrictions apply and where your rights are strongest.

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