Many hiring professionals are aware of the “ban the box” movement but not all fully understand its implications. As regulations evolve across federal, state, and local levels, staying informed and compliant with fair-chance hiring laws is essential to avoiding risk and making equitable hiring decisions.

What Is Ban the Box?

The ban-the-box campaign is a nationwide effort to eliminate the checkbox or question on job applications that asks whether an applicant has a criminal record. Its primary goal is to ensure individuals with prior convictions are not automatically disqualified from job opportunities before being considered on their merits.

By delaying criminal history inquiries until later in the hiring process, typically after an interview or conditional job offer, ban the box gives candidates a fairer chance to be evaluated on skills, qualifications, and experience.

The movement also reflects a broader public interest: reducing barriers to employment for ex-offenders helps lower recidivism rates and supports economic and community stability.

A Brief History of the Ban-the-Box Movement

The first “ban the box” law was passed in Hawaii in 1998, marking the start of a growing national trend. Over time, the campaign gained traction among lawmakers, nonprofits, and criminal justice advocates. Today:

At least 36 states and more than 150 cities and counties have adopted ban-the-box policies.
Many of these laws apply to both public and private employers.
The scope, timing, and enforcement vary widely between jurisdictions.

Some laws apply only to government agencies, while others extend to private employers of a certain size. Likewise, the timing of when employers can inquire about criminal history, and what they can do with that information, also differs by location.

What Employers Must Consider

Complying with ban-the-box laws means more than just removing a checkbox. Employers must be aware of:

When in the hiring process they can ask about criminal records
What type of offenses they may consider (e.g., convictions only vs. arrests)
How they assess criminal history in relation to the job
Documentation and notice requirements when taking adverse action

Failing to comply can result in fines, lawsuits, or damage to your employer brand, especially as fair-chance hiring becomes a more visible issue.

Staying Compliant in a Patchwork of Laws

With laws varying by state, county, and city, employers should:

Review their hiring process regularly to ensure legal compliance
Use resources such as the National Employment Law Project (NELP) for up-to-date ban-the-box maps and guides
Consult with legal counsel for guidance specific to their location and industry
Partner with a background screening provider experienced in fair-chance hiring policies

At Swailes Backgrounds, we help employers maintain compliance by building customized screening programs that align with local laws and FCRA requirements while ensuring a consistent, fair hiring process.

Final Thought: Compliance Is Good Business

Ban the box is more than a regulation, it’s a shift toward fairness, opportunity, and inclusive hiring. By understanding the laws and adjusting your practices, you’re not only protecting your company from legal risk, you’re also contributing to a more equitable workforce.

Need help aligning your screening process with fair-chance hiring laws? We’re here to guide you.

Need Help with Background Checks or Compliance?

Whether you’re hiring new talent or updating your screening processes, the Swailes Background Check team is here to help. From criminal background checks and FCRA compliance to drug testing, employment and education verifications, MVR reports, credit history reviews, and Social Security number validation, we provide fast enrollment and expert support every step of the way.

Contact us today to streamline your screening process with confidence.