What the laws generally require
- No criminal history question on the initial application.
- No criminal check until a defined stage, commonly after a conditional offer.
- An individualized assessment weighing the nature of the offense, time elapsed, and relevance to the role.
- Extra notice steps in strong fair-chance jurisdictions, such as a written assessment given to the candidate.
Practical implications
Because coverage varies by state and city, the compliant approach is to configure timing per work location rather than adopting one national policy. Ordering a check too early is the most common violation, and it is fully preventable with workflow rules.
Frequently asked
Does ban the box stop background checks?
No. It changes when they can happen and how findings must be evaluated.
Does it apply to private employers?
In many jurisdictions, yes. Some laws cover public employers only, others cover private employers above a headcount threshold.