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Author: David B. Weisenfeld, XpertHR Legal Editor
There is a trend at the state and local levels to protect
prospective employees convicted of a crime from automatic
disqualification during the selection process. So-called "ban the
box" laws prevent an employer from requesting a prospective
employee's criminal history information on an employment
This chart provides an overview of the ban the box laws in
effect at the state and municipal levels affecting the private
sector. States that have no requirements regarding a ban the box
law are marked N/A in the chart. Additional details are available
in many cases by clicking on the relevant state or locality.
Some jurisdictions prohibit an employer from asking whether an
applicant has been convicted of a crime until a specified point in
the hiring cycle (e.g., the interview stage or after a conditional
job offer has been made). Several states also have laws imposing
restrictions on an employer's ability to use credit history in
making employment decisions. Review variations in credit check
requirements by state in Credit Check Limitations by State and
In light of these ban the box laws, an employer may wish to
ensure their employment application conforms with this trend.
See Employment Application Form for a template that
can be used that complies with these requirements.
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