“Ban the Box” laws, also known as Fair Chance Hiring laws or Fair Chance Acts, regulate when employers may ask about criminal history during the hiring process.
These laws have become increasingly common across the United States, particularly in states such as California, as well as many cities and counties with their own Fair Chance Hiring ordinances.
For employers conducting employment background checks, understanding Ban the Box compliance is an important part of maintaining lawful hiring practices.
What Does “Ban the Box” Mean?
The term “Ban the Box” refers to laws that prohibit employers from asking about criminal history too early in the hiring process.
The phrase comes from the checkbox commonly found on employment applications asking applicants whether they have been convicted of a crime.
Under many Ban the Box laws, employers may not:
- ask about criminal convictions on the initial job application
- inquire about criminal history before certain hiring stages
- run criminal background checks before a conditional job offer in some jurisdictions
The goal of Fair Chance Hiring laws is to give applicants an opportunity to be evaluated on their qualifications before criminal history is considered.
How Ban the Box Laws Affect Employment Background Checks
Ban the Box laws do not prohibit employers from conducting criminal background checks altogether.
Instead, these laws typically regulate:
- when criminal background checks may occur
- how employers evaluate criminal records
- what notices employers must provide
- whether individualized assessments are required
In many jurisdictions, employers may still conduct criminal background checks after:
- an interview
- a conditional job offer
The timing requirements vary depending on the applicable state or local law.
California Ban the Box Law
California’s Fair Chance Act is one of the most widely discussed Ban the Box laws in the country.
The regulations were last updated in October 2023, expanding the definition of ’employer’ to include staffing agencies and third-party entities that evaluate conviction history on behalf of employers, and adding new individualized assessment factors.
Under California Fair Chance Hiring requirements, employers with five or more employees generally may not:
- ask about conviction history before a conditional job offer
- consider certain non-conviction information
- automatically disqualify applicants without an individualized assessment
If an employer intends to deny employment based on criminal history after a background check, California law may require:
- an individualized assessment
- pre-adverse action procedures
- written notice to the applicant
- an opportunity for the applicant to respond
California employers must also comply with the Fair Credit Reporting Act (FCRA) and applicable state employment laws when using background screening reports.
What Is an Individualized Assessment?
Many Fair Chance Hiring laws require employers to evaluate criminal records on a case-by-case basis rather than using blanket disqualification policies.
An individualized assessment may consider:
- the nature and seriousness of the offense
- how long ago the offense occurred
- the nature of the job being sought
- evidence of rehabilitation
- whether the offense is relevant to the position
This process is intended to help employers make more balanced and legally compliant hiring decisions.
Are Employers Still Allowed to Conduct Criminal Background Checks?
Yes. Employers may still conduct employment background checks in most jurisdictions.
However, Ban the Box and Fair Chance Hiring laws may affect:
- timing
- disclosure requirements
- adverse action procedures
- how criminal history is evaluated
Some industries and positions may also be subject to separate legal or regulatory screening requirements.
Why Compliance Matters
Employers that fail to comply with Ban the Box laws may face:
- regulatory penalties
- discrimination claims
- lawsuits
- reputational risk
Because laws vary significantly by jurisdiction, many employers work with background screening providers and legal counsel to help maintain compliant hiring practices.
Final Thoughts
Ban the Box laws and Fair Chance Hiring regulations continue to reshape how employers conduct criminal background checks during the hiring process.
While these laws do not eliminate employment background checks, they often regulate when criminal history may be considered and how hiring decisions must be evaluated.
A compliant screening process helps employers balance workplace safety, hiring fairness, and legal compliance while making informed employment decisions.