What is Ban the Box?
“Ban the box” refers to state and local laws that restrict when, in the hiring process, employers can ask about a candidate’s criminal history, typically removing the checkbox from initial job applications.
Why does Ban the Box matter?
These laws are designed to give candidates with a criminal record a fair chance to be evaluated on their qualifications first, before criminal history is considered later in the process.
How does Ban the Box work?
Under most ban-the-box laws, employers can still ask about or check criminal history, but only after an interview or conditional offer has been made, with specific rules varying significantly by state and city.
Frequently asked questions
Does ban the box apply nationwide?
No, it is a patchwork of state and local laws rather than a single federal law, so requirements vary depending on where the employer is hiring.
Can employers still do background checks under ban-the-box laws?
Yes, most ban-the-box laws only regulate the timing of when criminal history can be asked about or considered, not whether a background check can happen at all.
How BrightMove helps
BrightMove helps recruiters manage hiring workflows that respect ban-the-box timing requirements across every state and city you hire in. Explore BrightMove for staffing agencies.