ALABAMA
Birmingham
Who: Public employers only
Description: Right to contest content of record
ARIZONA (executive order)
Who: Public employers only
Description: Executive Order 2017-07 prohibits certain state agencies from inquiring into an applicant’s conviction or arrest history until after submission of a job application and an initial interview. Exceptions exist, however, for positions for which state or federal law prohibits a person from holding the job because of a past offense. The order also clarifies that convictions of certain crimes may preclude an applicant from holding certain positions.
Glendale
Who: Public employers only
Description: Background check after conditional offer of employment
Maricopa County
Who: Public employers only
Description: Background check after conditional offer of employment
Phoenix
Who: Public employers only
Description:
-
-
- Background check only for finalists for positions
- Incorporates EEOC criteria in individualized assessment
- Right to appeal prior to adverse determination
-
Pima
Who: Public employers only
Description: Pima County passed a resolution that removes the inquiry about an applicant’s criminal record from the application for County employment. The County will still conduct background checks later in the hiring process, and the resolution will not apply to certain professions.
Tempe
Who: Public employers only
Description: Tempe approved changes to the City of Tempe Personnel Rules that removed criminal history questions from city job applications. Instead, applicants are asked about their conviction histories after completing the first interview and being selected as a finalist for the position. At that point, finalists must complete a “criminal background questionnaire,” and later, successful applicants will undergo fingerprint background checks as a condition of accepting employment.
Tucson
Who: Public employers only
Description:
-
-
- Background checks only required for some positions
- Background check after conditional offer of employment
- Incorporates EEOC criteria in individualized assessment
-
ARKANSAS
Pulaski County
Who: Public employers only
Description:
-
-
- Background check after conditional offer of employment
- Provides copy of background check report
- Right to appeal prior to adverse determination
- Incorporates EEOC criteria in individualized assessment
-
Who: Public and private employers
Description: AB 1008 (the “Fair Chance Act”) requires public- and private-sector employers to delay any conviction background check as well as any questions about or consideration of a job applicant’s conviction history until after the employer extends a conditional offer of employment to the applicant. When reviewing any conviction history, the law requires employers to conduct an “individualized inquiry” by considering at least the amount of time elapsed since the conviction, the nature of the conviction, and whether the conviction is directly job related (i.e., the EEOC factors). The law also requires written preliminary notice to the job applicant of the employer’s intent to rescind the conditional job offer; time for the applicant to respond with evidence of inaccuracies in the record, rehabilitation, or mitigating circumstances; and final written notice rescinding the job offer. With limited exceptions, AB 1008 applies to private and public employers with at least five employees.
Alameda County
Who: Public employers only
Description: Incorporates EEOC criteria in individualized assessment
Berkeley
Who: Public employers only
Description:
-
-
- Background check only after conditional offer of employment
- Background checks only required for some positions
- Incorporates EEOC criteria in individualized assessment
-
Carson
Who: Public employers only
Description:
-
-
- Incorporates EEOC criteria in individualized assessment
- Background check only after conditional offer of employment
-
Compton
Who: Public employers and vendors
Description:
-
-
- Background check only after conditional offer
- Policies applies to contractors doing business with the City
- Incorporates EEOC criteria in individualized assessment
-
East Palo Alto
Who: Public employers only
Description: Inquiries regarding criminal histories are delayed until the applicant is a finalist.
Los Angeles
Who: Private, public employers and vendors
Description:
-
-
- Background check after conditional offer of employment
- Provides copy of background check report
- Right to appeal prior to adverse determination
- Incorporates EEOC criteria in individualized assessment
-
Oakland
Who: Public employers only
Description:
-
-
- Background check only after conditional offer of employment
- Background checks only required for some positions
- Incorporates EEOC criteria in individualized assessment
- Right to appeal denial of employment
- Provides copy of background check report
-
Pasadena
Who: Public employers only
Description: In July 2013, the City Manager removed the conviction history question from the city job application.
Richmond
Who: Public employers and vendors
Description:
-
-
- Background checks only required for some positions
- Policy applies to vendors/contractors doing business with the City
- Incorporates EEOC criteria in individualized assessment
-
Sacramento
Who: Public vendors only
Description: Sacramento adopted a ban-the-box ordinance applicable to city contractors with at least 20 employees. Covered city contractors are prohibited from inquiring into a job applicant’s conviction history until determining that he or she meets the minimum qualifications for the position sought. A violation of that prohibition would constitute a material breach of the city contract and authorize the city to terminate the contract. The ordinance makes exceptions for (i) positions for which the employer is required to conduct a background check, and (ii) positions that will not involve work on a city contract. The ordinance applies to contracts of at least $100,000 awarded after January 1, 2017.
San Francisco
Who: Private, public employers and vendors
Description:
-
-
- City and county employers
- Background check only for finalists for positions
- Incorporates EEOC criteria in individualized assessment
- Private employers
- Policy applies to private employers and to affordable housing
- Incorporates EEOC criteria in individualized assessment (jobs and housing)
- Right to appeal denial of employment or housing
- Provides copy of background check report
- Background check only after conditional offer of employment
- City and county employers
-
Santa Clara County
Who: Public employers only
Description: The county adopted a procedure to remove the question on the job application that requires candidates to disclose criminal conviction histories. Once candidates have been tentatively selected, Human Resources will evaluate the conviction history.
Who: Private employers
Description: "Colorado's HB 19-1025 prohibits employers from stating on either a job advertisement or any job application that a person with a criminal history may not apply for the position. Employers cannot "inquire into, or require disclosure of, an applicant's criminal history on an initial written or electronic application form." However, employers may "obtain the publicly available criminal background report of an applicant at any time.""
Denver
Who: Public employers only
Description:
-
-
- Background check after conditional offer of employment
- Incorporates EEOC criteria in individualized assessment
-
Who: Private, public employers and vendors
Description: HB 5237 prohibits any employers—public or private—from inquiring about arrest and conviction history information on an initial employment application. Employers may not inquire about any erased records at any time. Prior convictions for which the prospective employee received a provisional pardon or certificate of rehabilitation cannot be the sole basis for discharge.
Bridgeport
Who: Public employers only
Description:
-
-
- Incorporates EEOC criteria in individualized assessment
- Right to appeal denial of employment
-
Hartford
Who: Public employers and vendors
Description:
-
-
- Background check only after conditional offer of employment
- Background checks only required for some positions
- Policies applies to vendors/contractors doing business with the City
- Incorporates EEOC criteria in individualized assessment
- Right to appeal denial of employment
-
New Haven
Who: Public employers and vendors
Description:
-
-
- Background check only after conditional offer of employment
- Policies applies to vendors/contractors doing business with the City
- Incorporates EEOC criteria in individualized assessment
- Right to appeal denial of employment
- Provides copy of background check report
-
Norwich
Who: Public employers only
Description: Background check only after conditional offer of employment
Who: Public employers only
Description: HB 167, applies to the state, its agencies, and political subdivisions, such as cities and counties. This bill prohibits public employers from inquiring into or considering criminal or credit histories of an applicant until after the completion of the first interview. When reviewing a criminal history, the public employer must consider: (1) nature of the offense; (2) time passed; and (3) nature of the job. Police forces and other positions with a statutory mandate for background checks are exempted.
New Castle County
Who: Public employers only
Description: Background check only after conditional offer of employment
Wilmington
Who: Public employers only
Description: Background check only after conditional offer
DISTRICT OF COLUMBIA
Who: Private, public employers and vendors
Description:
- Background check only after conditional offer of employment
- Incorporates EEOC criteria in individualized assessment
- Policies apply to public and private employers in the District
FLORIDA
Broward County
Who: Public employers only
Description:
-
-
- Background check only for finalists for positions
- Provides copy of background check report
- Right to appeal prior to adverse determination
-
Clearwater
Who: Public employers only
Description: Incorporates EEOC criteria in an individualized assessment
Daytona Beach
Who: Public employers only
Description: In 2015, the City announced that it would enact a ban-the-box policy. A job applicant with the city will not disclose conviction information until the City has expressed a “desire to hire the individual.”
Gainesville
Who: Public employers only
Description: Incorporates EEOC criteria in individualized assessment
Fort Myers
Who: Public employers only
Description: Resolution No. 2015-61 removes questions about felony convictions from city job applications and requires that the review of conviction records later in the hiring process must include consideration of “legitimate business necessity.” City hiring managers were to receive training within 90 days after the resolution was adopted. The resolution made exceptions for police and fire department applications.
Jacksonville
Who: Public employers only
Description:
-
-
- Background check only after applicant selected for hire
- Incorporates EEOC criteria in individualized assessment
- Right to appeal denial of employment
-
Miami-Dade County
Who: Public employers only
Description:
-
-
- Background check after conditional offer of employment
- Incorporates EEOC criteria in individualized assessment
-
Orlando
Who: Public employers only
Description:
-
-
- Background checks after conditional offer of employment
- Incorporates EEOC criteria in individualized assessment
-
Pompano Beach
Who: Public employers only
Description:
-
-
- Incorporates EEOC criteria in an individualized assessment
- Provides copy of background check report
-
Sarasota
Who: Public employers only
Description:
-
-
- Background check only for finalists for positions
- Incorporates EEOC criteria
-
St. Petersburg
Who: Public employers only
Description: Effective January 1, 2015, the city removed the question asking city job applicants if they have a criminal record.
Tampa
Who: Public employers only
Description: Background check after conditional offer
Tallahassee
Who: Public employers only
Description: Based on the City Manager’s recommendation, on January 28, 2015 the City Commission approved a measure to remove any questions regarding criminal history from applications for employment with the City. The City will conduct a background check after selecting the top candidate(s). The measure supplements the existing policy requiring the City to consider how the conviction relates to the job. Arrests are not considered.
GEORGIA (executive order)
Who: Public employers only
Description: Governor Nathan Deal signed an executive order which removed questions regarding criminal history from all applications for state employment. The executive order, inquiries into an applicant’s criminal record are postponed until after “the initial stage of the state employment application process.” In addition, the order prohibits the use of an applicant’s criminal record as an automatic bar to employment, and provides applicants an opportunity to dispute the accuracy and relevance of any disqualifying conviction relied upon for rejection. Certain “sensitive governmental positions” are exempt.
Albany
Who: Public employers only
Description: Incorporates EEOC criteria in individualized assessment
Atlanta
Who: Public employers only
Description: Provides copy of background check
Augusta
Who: Public employers only
Description: Incorporates EEOC criteria in individualized assessment
Cherokee County
Who: Public employers only
Description:
-
-
- Incorporates EEOC criteria in individualized assessment
- Right to appeal prior to adverse determination
-
Columbus
Who: Public employers only
Description:
-
-
- Background check after hiring process is complete
- Incorporates EEOC criteria in individualized assessment
-
Fulton County
Who: Public employers only
Description:
-
-
- Background checks only required for some positions
- Incorporates EEOC criteria in individualized assessment
- Provides copy of background check report
-
Macon-Bibb County
Who: Public employers only
Description: Provides copy of background check report
Who: Private, public employers and vendors
Description: SB2193 HD2 requires that inquiry into and consideration of a prospective employee's conviction record may take place only after the individual has received a conditional job offer, and the limitation to the most recent [ten year period,] seven-year period for felony convictions and the most recent five-year period for misdemeanor convictions, excluding the period of incarceration, shall not apply to employers who are expressly permitted to inquire into an individual's criminal history for employment purposes pursuant to any federal or state law, with exceptions.
Who: Private, public employers and vendors
Description: HB 5701 (the “Job Opportunities for Qualified Applicants Act”) applies to employers with 15 or more employees and employment agencies. Employers may not inquire into an applicant’s criminal record until the applicant has been selected for an interview by the employer or until after a conditional offer of employment is made to the applicant. Positions that have state or federal law exclusions based on certain convictions are exempted. The bill authorizes the imposition of warnings and civil penalties against violators.
Chicago
Who: Private, public employers and vendors
Description:
-
-
- Policy applies to private employers
- Incorporates EEOC criteria in individualized assessment
-
INDIANA (executive order)
Who: Public employers only
Description: Executive Order 17-15 requires the removal of “questions regarding convictions and criminal history” on job applications for positions within the state’s executive branch. As the executive order states, background checks, “including information pertaining to a person’s criminal history, typically will be conducted at a later point in the application and hiring process.”
Indianapolis
Who: Public employers and vendors
Description:
-
-
- Policies apply to vendors/contractors doing business with the City
- Incorporates EEOC criteria in individualized assessment
-
KANSAS (executive order)
Who: Public employers only
Description: Executive Order 18-12 requires that during an initial stage of a state employment application, applicants will not be asked whether they have a criminal record and a criminal record will not automatically disqualify a candidate from receiving an interview. Applicants may still receive a background check during the application process, and this executive order does not apply to any position where a criminal record would render the candidate ineligible.
Johnson County
Who: Public employers only
Description: Background check after conditional offer of employment
Kansas City
Who: Public employers only
Description: Incorporates EEOC criteria in an individualized assessment
Topeka
Who: Public employers only
Description:
-
-
- Background check after conditional offer of employment
- Incorporates EEOC criteria in individualized assessment
-
Wichita
Who: Public employers only
Description:
-
-
- Background check after hiring process is complete
- Incorporates EEOC criteria in individualized assessment
-
Wyandotte County
Who: Public employers only
Description: Incorporates EEOC criteria in an individualized assessment
KENTUCKY (executive order)
Who: Public employers only
Description: Governor Matt Bevin (R) signed an executive order removing “questions regarding convictions and criminal history” from applications for jobs within the state executive branch. Instead, such inquiries must be delayed until the state agency contacts the applicant to offer an interview for the position.
Louisville
Who: Public employers and vendors
Description:
-
-
- Policies applies to vendors/contractors doing business with the City
- Incorporates EEOC criteria in individualized assessment
-
Who: Public employers only
Description: HB 266, now Act 398, prohibits many state employers from inquiring into an applicant’s criminal history until after the applicant has been given an opportunity to interview. If no interview is to take place, employers may not ask about an applicant’s record until after a conditional offer of employment is extended to that applicant. The law applies to only “unclassified” state positions and further exempts law enforcement, corrections, and other positions for which the law requires a background check.
Baton Rouge
Who: Public employers only
Description: The East Baton Rouge Parish Metro Council eliminated questions regarding criminal history from the application for employment with the City. The resolution does not apply to certain positions.
New Orleans
Who: Public employers and vendors
Description:
-
-
- Incorporates EEOC criteria in individualized assessment
- Provides copy of background check report
-
Who: Public employers only
Description: Sec. 1. 5 MRSA §792 prohibits state employers to include "any questions regarding an applicant's criminal history except when, due to the nature and requirements of the position, a person who has a criminal history may be disqualified from eligibility for the position."
Who: Private, public employers and vendors
Description: Maryland bill 839 prohibits employers with 15 or more full-time employees from requiring an applicant for employment to disclose whether the applicant has a criminal record or has had criminal accusations brought against the applicant prior to the first in-person interview.
Baltimore
Who: Private, public employers and vendors
Description:
-
-
- Background check only after conditional offer of employment
- Background checks only required for some positions
-
Montgomery County
Who: Private, public employers and vendors
Description:
-
-
- Applies to private employers and county
- Provides copy of background check
- Complaint process
-
Prince George’s County
Who: Private, public employers and vendors
Description:
-
-
- Applies to private employers and county
- Incorporates EEOC criteria in an individualized assessment
- Provides copy of background check report
- Complaint process
-
Who: Private, public employers and vendors
Description: Under Senate Bill 2583, employers can no longer use an initial written employment application to ask whether an applicant has been convicted unless there is a legal restriction that applies to the specific job or occupation. The law requires that applicants receive a copy of their criminal history report (i) prior to being questioned about their history; and (ii) if an adverse decision is made based on the report. As a self auditing mechanism, individuals are able to determine if the report was run through the state system. With certain exceptions, criminal records provided by the state may only contain (1) felony convictions for 10 years following disposition; (2) misdemeanor convictions for 5 years following disposition; and (3) pending criminal charges.
Boston
Who: Public employers and vendors
Description:
-
-
- Background checks only required for some positions
- Policies applies to vendors/contractors doing business with the City
- Incorporates EEOC criteria in individualized assessment
- Right to appeal denial of employment
-
Cambridge
Who: Public employers and vendors
Description:
-
-
- Background checks only required for some positions
- Policies applies to vendors/contractors doing business with the City
- Incorporates EEOC criteria in individualized assessment
- Right to appeal prior to adverse determination
- Provides copy of background check report
-
Worcester
Who: Public employers and vendors
Description:
-
-
- Background checks only required for some positions
- Policies applies to vendors/contractors doing business with the City
- Incorporates EEOC criteria in individualized assessment
- Right to appeal denial of employment
- Provides copy of background check report upon request
-
MICHIGAN (executive order)
Who: Public employers only
Description: Per Executive Order 2018 - 4, a "state department or agency shall not include a question about an applicant's criminal history or convictions on a job application or job posting." A background check may still be conducted during the hiring process, and the executive order does not apply to positions for which a criminal record would disqualify the applicant.
Ann Arbor
Who: Public employers only
Description:
-
-
- Background check after conditional offer of employment
- Incorporates EEOC criteria in individualized assessment
-
Detroit
Who: Public employers and vendors
Description: Policies apply to vendors/contractors doing business with the City
East Lansing
Who: Public employers only
Description: East Lansing’s ban-the-box policy was introduced by Mayor Nathan Triplett.
Genesee County
Who: Public employers only
Description:
-
-
- Background check after conditional offer of employment
- Incorporates EEOC criteria in individualized assessment
-
Kalamazoo
Who: Public employers and vendors
Description: Policies apply to vendors/contractors doing business with the City
Muskegon County
Who: Public employers only
Description: Recognizing the need to prioritize employment opportunities for successful reentry, the Muskegon County Board of Commissioners voted to remove inquiry into criminal history from the written application for all opportunities unless required by local, state, or federal law.
Who: Private, public employers and vendors
Description: Minn. Stat. § 364 et seq. expands the law from 2009 to cover not only public-sector hiring, but also adds that private employers may not inquire into an applicant’s criminal history until after the applicant has been selected for an interview or before a conditional offer of employment. It also establishes penalties for private employers including fines for failure to comply.
Minneapolis
Who: Public employers only
Description:
-
-
- Background checks only required for some positions
- Incorporates EEOC criteria in individualized assessment
-
St. Paul
Who: Public employers only
Description:
-
-
- Background checks only required for some positions
- Incorporates EEOC criteria in individualized assessment
-
MISSOURI (executive order)
Who: Public employers only
Description: Executive Order 16-04 directs all departments, agencies and boards and commissions in the state’s executive branch to remove questions relating to an individual’s criminal history from initial employment applications. The order exempts applications for positions for which people with convictions would be automatically ineligible.
Columbia
Who: Private, public employers and vendors
Description:
-
-
- Background checks after conditional offer of employment
- Complaint process
-
Jackson County
Who: Public employers only
Description: Executive Order 16-16 prohibits criminal history inquiries from appearing on initial applications for county jobs.
Kansas City
Who: Private, public employers and vendors
Description: Incorporates EEOC criteria in individualized assessment
St. Louis
Who: Public employers only
Description:
-
-
- Background checks only required for some positions
- Incorporates EEOC criteria in an individualized assessment
-
Who: Public employers only
Description: LB 932 applies to public employers—the state, counties, and cities. Public employers are prohibited from inquiring into a job applicant’s criminal history until after the employer has determined the applicant meets the minimum job requirements. Law enforcement positions and other positions with mandated background check requirements are exempted, as well as school districts regarding specific information.
Who: Public employers only
Description: Bill 384 provides—with certain exceptions—that a public employer may not consider the particular criminal history of an applicant until after (1) the final in-person interview or (2) a conditional offer of employment has been extended, whichever comes first. The law generally requires employers, when assessing applicants with criminal records, to consider EEOC-type factors, including evidence of the applicant’s rehabilitation.
North Las Vegas
Who: Public employers only
Description: Incorporates EEOC criteria in individualized assessment
Who: Private, public employers and vendors
Description: A1999 mandates that public and private employers cannot inquire into a candidate’s criminal history until the employer has conducted the first interview with the candidate. Employers may not consider expunged or pardoned convictions when making an employment decision.
Atlantic City
Who: Public employers and vendors
Description:
-
-
- Background check only after conditional offer
- Policies applies to vendors/contractors doing business with the City
- Incorporates EEOC criteria in individualized assessment
- Right to appeal denial of employment
-
Newark
Who: Private, public employers and vendors
Description:
-
-
- Background check only after conditional offer
- Background checks only required for some positions
- Incorporates EEOC criteria in individualized assessment
- Right to appeal denial of employment
- Provides copy of background check report
-
Who: Private, public employers and vendors
Description: S.B. 254 and N. M. Stat. § 28-2-3 resulted in public employers, including cities and counties, being prohibited from inquiring into an applicant’s conviction history on an initial employment application until an applicant has been “selected as a finalist.” The law permits convictions to be considered when determining eligibility for public employment or licensure, but convictions “may not operate as an automatic bar.” The law further prohibits, for employment and licensing, the use of records of arrest not leading to conviction and misdemeanor convictions not involving moral turpitude
NEW YORK (executive order)
Who: Public employers only
Description: Governor Andrew Cuomo announced that the state would “adopt ‘fair chance hiring’ for New York State agencies.” As explained in a press release about the policy change: “applicants for competitive positions with New York State agencies will not be required to discuss or disclose information about prior convictions until and unless the agency has interviewed the candidate and is interested in hiring him or her.”
Albany County
Who: Public employers only
Description:
-
-
- Background check after conditional offer of employment
- Provides copy of background check report
- Right to appeal prior to adverse determination
-
Buffalo
Who: Private, public employers and vendors
Description: Applies to public and private employers and vendors
Dutchess County
Who: Public employers only
Description: Questions regarding criminal convictions, dishonorable military discharges, and firings from previous jobs will be removed from all Dutchess County exams, recruitments and employment applications. County Executive Marcus Molinaro issued the ban the box policy as part of a broader initiative to advance diversity.
Ithaca
Who: Public employers only
Description: City of Ithaca announced that it will be implementing a ban the box policy for public employers.
Kingston
Who: Public employers only
Description: Kingston City Council passed a resolution to remove questions related to criminal convictions and charges from City employment applications. City employers can still ask questions regarding criminal records during job interviews and conduct background checks on applicants.
Newburgh
Who: Public employers only
Description: Newburgh City removed a question about convictions from city applications, with exceptions. The city can still ask applicants about their conviction history during the interview and will conduct background checks thereafter.
New York City
Who: Private, public employers and vendors
Description:
-
-
- Background check only after conditional offer
- Policy applies to public and private employers in New York City that have more than four employees
- Incorporates EEOC criteria in individualized assessment
-
Rochester
Who: Private, public employers and vendors
Description: Applies to public and private employers and vendors
Syracuse
Who: Public employers and vendors
Description:
-
-
- Background checks after conditional offer of employment
- Incorporates EEOC criteria in an individualized assessment
-
Tompkins County
Who: Public employers only
Description: The Tompkins County Legislature unanimously adopted a resolution of support for the commissioner of personnel to implement procedures to remove criminal conviction questions from the county’s employment application. Criminal conviction disclosures and subsequent inquiries are now delayed until later in the hiring process. The personnel department considers whether an individual’s conviction is related to the position.
Ulster County
Who: Public employers only
Description: The county executive signed the executive order to remove the conviction history question from the county’s job application. Instead, the personnel department will consider convictions only after the first interview.
Woodstock
Who: Public employers only
Description: The Town Board voted unanimously to remove questions regarding criminal history from applications for employment with the town.
Yonkers
Who: Public employers only
Description: Community Voices Heard worked with the Mayor’s office to remove the box asking an application to disclose his or her criminal history.
NORTH CAROLINA (executive order)
Who: Public employers only
Description: Executive order 158 prohibits state agencies from "inquiring into an individual's criminal history during the initial stages of an Employment Decision process and shall remove criminal history questions from its employment applications." State agencies are also "prohibited from considering the following: (i) expunged or pardoned convictions, (ii) charges or convictions that do not relate to the underlying employment matter, (iii) arrests not resulting in a conviction, or (iv) charges resulting in dismissal or not guilty." In addition: "State Agencies may conduct a background check, inquire into, or consider a desired candidate's criminal history at a later point in the Employment Decision process, but not prior to the completion of the initial job interview for the candidate. State employment decisions shall not be based on the criminal history of an individual unless that criminal history is demonstrably job-related and consistent with business necessity associated with the position, or if state or federal law prohibits hiring an individual with certain criminal convictions for a particular position.
Asheville
Who: Public employers only
Description: The Asheville City Council passed a resolution so as not to require disclosure of an applicant’s criminal record during the initial job application process, except for certain sensitive positions.
Buncombe County
Who: Public employers only
Description: The Buncombe County Board of Commissioners adopted a resolution to remove criminal history questions from the county’s initial job application.
Carrboro
Who: Public employers only
Description: Incorporates EEOC criteria in individualized assessment
Charlotte
Who: Public employers only
Description: In 2014, Charlotte City Manager Ron Carlee announced that the City had “banned the box” for City applications.
Cumberland County
Who: Public employers only
Description: The Cumberland County Commissioners unanimously voted to ban the box and implement a new pre-employment background check policy.
Durham City
Who: Public employers only
Description: Background check only after conditional offer
Durham County
Who: Public employers only
Description:
-
-
- Background check only after applicant selected for hire
- Incorporates EEOC criteria in individualized assessment
- Right to appeal denial of employment
- Provides copy of background check report
-
Forsyth County
Who: Public employers only
Description: The Forsyth County Board of Commissioners unanimously approved a resolution to remove conviction inquiries from most county job applications. The resolution “authorize[d] the creation of a Fair Chance Employment Policy to ensure that the hiring practices of the County do not unfairly deny employment to people with criminal conviction records which are not job related.
Mecklenburg County
Who: Public employers only
Description: The Mecklenburg County Board of Commissioners passed a motion directing the county manager to modify the County’s application for employment by removing the question about criminal convictions.
Spring Lake
Who: Public employers only
Description: Incorporates EEOC criteria in individualized assessment
Wake County
Who: Public employers only
Description:
-
-
- Background check only for finalists for positions
- Incorporates EEOC criteria in individualized assessment
- Provides copy of background check report
- Right to appeal denial of employment
-
Who: Public employers only
Description: HB 1282 restricts a public employer from inquiring into or considering the criminal record or criminal history of an applicant for public employment until the applicant has been selected for an interview by the employer, with exceptions.
Who: Public employers only
Description: HB 56 prohibits all public employers, including cities and counties, from including any questions about criminal records on initial applications for employment. The Ohio Fair Hiring Act also prohibits a felony conviction from being used against certain classes of public employees unless the conviction occurs while that person is employed in the civil service.
Alliance
Who: Public employers only
Description:
-
-
- Background checks only required for some positions
- Provides copy of background check report upon request
-
Akron
Who: Public employers only
Description:
-
-
- Incorporates EEOC criteria in individualized assessment
- Right to appeal denial of employment
-
Canton
Who: Public employers only
Description: Incorporates EEOC criteria in individualized assessment
Cincinnati
Who: Public employers only
Description:
-
-
- Incorporates EEOC criteria in individualized assessment
- Background check only after conditional offer of employment
- Right to appeal denial of employment
- Provides copy of background check report
-
Cleveland
Who: Public employers only
Description: The City of Cleveland announced its ban-the-box policy. The policy removes the checkbox on city job and civil service testing applications that asks whether the applicant has a felony conviction. Background checks will now be performed only on finalists for a position.
Cuyahoga County
Who: Public employers only
Description:
-
-
- Background check only after conditional offer of employment
- Incorporates EEOC criteria in individualized assessment
-
Dayton
Who: Public employers only
Description:
-
-
- Incorporates EEOC criteria in individualized assessment
- Right to appeal denial of employment
-
Franklin County
Who: Public employers only
Description:
-
-
- Background check only after conditional offer of employment
- Incorporates EEOC criteria in individualized assessment
-
Hamilton County
Who: Public employers only
Description:
-
-
- Background check only after conditional offer of employment
- Incorporates EEOC criteria in individualized assessment
-
Lucas County
Who: Public employers only
Description: Lucas County Commissioners removed all questions about an applicant’s criminal background from applications for employment with any department under the Commissioners’ authority. The county only conducts a background check after an applicant is selected as a finalist.
Massillon
Who: Public employers only
Description: Incorporates EEOC criteria in individualized assessment
Newark
Who: Public employers only
Description: The Newark City Council removed the conviction history inquiry from its applications.
Stark County
Who: Public employers only
Description: County Commissioners amended the employee handbook and employment application forms to remove language that prohibits them from hiring anyone convicted of a felony.
Summit County
Who: Public employers only
Description:
-
-
- Background checks only required for some positions
- Incorporates EEOC criteria in individualized assessment
-
Warren
Who: Public employers only
Description:
-
-
- Background checks only required for some positions
- Background checks after conditional offer of employment
-
Youngstown
Who: Public employers only
Description: Background check after conditional offer of employment
OKLAHOMA (executive order)
Who: Public employers only
Description: Executive order 2016 - 03 directs all state agencies to remove questions regarding convictions and criminal history from job applications. The executive order does not apply to “sensitive government positions” and positions where a felony conviction would automatically disqualify an applicant.
Who: Private, public employers and vendors
Description: HB 3025 prohibits an employer from inquiring about an applicant’s prior criminal convictions until the initial interview with the applicant. There are exceptions for positions where an applicant with a conviction history would be automatically disqualified by law, and for law enforcement, criminal justice positions, and volunteers.
Multnomah County
Who: Public employers only
Description: Incorporates EEOC criteria in individualized assessment
Portland
Who: Private, public employers and vendors
Description:
-
-
- Background check after conditional offer of employment
- Incorporates EEOC criteria in an individualized assessment
- Complaint process
-
PENNSYLVANIA (executive order)
Who: Public employers only
Description: HR-TM001 requires that state agencies adopt a fair-chance hiring human resources policy for non-civil service positions that fall under the governor’s jurisdiction. In addition to removing questions about conviction history from job applications, the policy prohibits consideration of certain record information, including arrests, expunged convictions, and convictions not related to an applicant’s job suitability. Hiring entities are also required to consider the public’s interest in employing individuals with records when making hiring decisions. The policy includes exceptions for security personnel, law enforcement, and those working with vulnerable populations.
Allegheny County
Who: Public employers only
Description:
-
-
- Background checks only for some positions
- Background checks after conditional offer of employment
- Incorporates EEOC criteria in an individualized assessment
-
Allentown
Who: Public employers only
Description: Background checks after conditional offer of employment
Beaver County
Who: Public employers only
Description: Resolution 012518-30 banned the box from applications for county jobs. Except for “public-safety-sensitive positions,” the County shall not inquire about a job applicant’s record until after he or she is interviewed for the position. Furthermore, an applicant with a conviction record will have an opportunity to provide clarifying information, which the County will consider before making a hiring decision.
Bethlehem
Who: Public employers only
Description:
-
-
- Background check only for finalists for positions
- Incorporates EEOC criteria in individualized assessment
-
Lancaster
Who: Public employers only
Description:
-
-
- Background check only for finalists for positions
- Incorporates EEOC criteria in individualized assessment
-
Philadelphia
Who: Private, public employers and vendors
Description:
-
-
- Incorporates EEOC criteria in individualized assessment
- Background check only after conditional offer of employment
- Right to appeal denial of employment
- Provides copy of background check report
-
Pittsburgh
Who: Public employers and vendors
Description:
-
-
- Policies applies to vendors/contractors doing business with the City
- Right to appeal denial of employment
-
Reading
Who: Public employers only
Description: Background checks after conditional offer of employment
Who: Private, public employers and vendors
Description: HB 5507 prohibits an employer from inquiring about an applicant's prior criminal convictions until the first interview with the applicant. An employer may inquire about the applicant's criminal convictions during the first interview. The law includes exceptions for positions from which an applicant with a conviction history would be automatically disqualified by law.
Providence
Who: Public employers only
Description: Providence's HR department removed the language relating to information on criminal charges from its applications. In addition, the applicant only signs a waiver for a background check once it has been determined that the candidate satisfies the minimum criteria for the position based on qualifications and ability.
SOUTH CAROLINA
York County
Who: Public employers only
Description: Background check after conditional offer of employment
Who: Public employers only
Description: SB 2440 prohibits state agencies from inquiring about criminal records on any initial application form. For an applicant with a conviction record, the employer must consider the specific job duties, relationship of the offense to the job duties, time elapsed since the offense, age of the applicant at the time of the offense, frequency and seriousness of each offense, any submitted evidence of rehabilitation, and any public policy consideration relating to the benefits for employment for applicants with past convictions.
Chattanooga
Who: Public employers only
Description: The Chattanooga City Council adopted a resolution to prohibit city departments from inquiring into a job applicant’s conviction history on “any preliminary employment application documents.” City employers may only inquire into and consider an applicant’s conviction record as part of a normal background check after an application is submitted.
Hamilton County
Who: Public employers only
Description: Background check only after conditional offer of employment
Memphis
Who: Public employers only
Description:
-
-
- Incorporates EEOC criteria in individualized assessment
- Right to appeal denial of employment
- Provides copy of background check report
-
Nashville
Who: Public employers only
Description: The Metro Civil Service Commission removed questions regarding criminal history from the application for employment with the City.
TEXAS
Austin
Who: Private, public employers and vendors
Description:
-
-
- Background check only after conditional offer of employment
- Background checks only required for some positions
- Incorporates EEOC criteria in individualized assessment
- Ordinance applies to public and private employers
-
Dallas County
Who: Public employers only
Description:
-
-
- Incorporates EEOC criteria in individualized assessment
- Right to appeal denial of employment
-
San Antonio
Who: Public employers only
Description: City Manager Sheryl Sculley issued a memorandum indicating that inquiries into criminal history would be delayed until after a conditional job offer. After receiving the background check results, human resources staff conduct an individualized assessment, considering (i) job relatedness of a conviction, (ii) offense level, (iii) time elapsed, (iv) mitigating circumstances, and (v) rehabilitation evidence. Human resources staff consult with the City Attorney’s Office when questions arise regarding job relatedness. The policy applies to the civilian job application, which excludes the fire and police departments.
Travis County
Who: Public employers only
Description:
-
-
- Background check only after applicant selected for hire
- Background checks only required for some positions
- Incorporates EEOC criteria in individualized assessment
-
Who: Public employers only
Description: HB 156 prohibits public employers from requiring an applicant to disclose conviction history before an initial interview or, if no interview is conducted, before a conditional job offer. The law provides for exceptions for situations where a law requires consideration of the applicant’s conviction history as well as for law enforcement, criminal justice, tax commission, or alcoholic beverage control employers, as well as for applicants that will work with children or vulnerable adults and non-employee volunteers.
Who: Private, public employers and vendors
Description: House Bill 261 prohibits employers from requesting criminal record information on its initial employment application form, and the prospective employee must be permitted the opportunity to explain the information, including rehabilitation.
VIRGINIA (executive order)
Who: Public employers only
Description: Executive Order 41 orders the removal of questions relating to criminal history from applications for state employment. State employment decisions may not be based on the criminal history of an applicant unless demonstrably job-related and consistent with business necessity. Compliance with the executive order was required within 90 days of its signing.
Alexandria
Who: Public employers only
Description: Background check after conditional offer of employment
Arlington County
Who: Public employers only
Description: The county eliminated questions about convictions from its employment application. Exceptions are for positions related to public safety. Conviction inquiries are delayed until the applicant has an interview. The County conducts background checks on all applicants before confirming employment. Applicants with records are given the opportunity to provide a written explanation of their record.
Blacksburg
Who: Public employers only
Description:
-
-
- Background check only for finalists for position
- Incorporates EEOC criteria in individualized assessment
-
Charlottesville
Who: Public employers only
Description: Charlottesville removed the question about conviction history from the city job application. The City will continue to conduct background checks before making final employment offers.
Danville
Who: Public employers only
Description:
-
-
- Background check after conditional offer of employment
- Incorporates EEOC criteria in an individualized assessment
-
Fairfax County
Who: Public employers only
Description: Background check after conditional offer of employment
Fredericksburg
Who: Public employers only
Description:
-
-
- Background check after conditional offer of employment
- Incorporates EEOC criteria in individualized assessment
-
Harrisonburg
Who: Public employers only
Description:
-
-
- Background check after conditional offer of employment
- Right to appeal prior to adverse determination
-
Henry County
Who: Public employers only
Description: Henry County removed the criminal history inquiry that had previously appeared on its initial employment application.
Montgomery County
Who: Public employers only
Description: Montgomery County resolved to ban the box for county jobs, removing a question about conviction history from the county employment application.
Newport News
Who: Public employers only
Description: Incorporates EEOC criteria in individualized assessment
Norfolk
Who: Public employers only
Description: Incorporates EEOC criteria in individualized assessment
Petersburg
Who: Public employers only
Description: Background check only after conditional offer of employment
Portsmouth
Who: Public employers only
Description: Portsmouth City made the administrative decision to ban the box. The City Manager notified the City Council that City employment applications would no longer request criminal history information from job applicants.
Prince William County
Who: Public employers only
Description: Prince William County adopted a resolution directing the county executive to remove conviction questions from initial county employment applications. Applicants are now asked about their criminal conviction history only after they have completed the interview process, with exceptions.
Richmond
Who: Public employers only
Description: Richmond City passed a resolution to ban the box on City job applications. Except when required by federal or state law or for positions that the City Council, by resolution, has determined should be exempt, initial job applications may no longer inquire into an applicant’s criminal conviction history. Attached to the resolution is a document that includes those positions determined by the City Council to be exempt from the ban the box ordinance.
Roanoke
Who: Public employers only
Description: Roanoke City indicated that the question about a job applicant's conviction history would be removed from the initial application for most city positions.
Staunton
Who: Public employers only
Description: Staunton City decided to remove the criminal history question from the city’s employment application. All interviewed candidates instead complete a criminal conviction disclosure form after interviewing.
Virginia Beach
Who: Public employers only
Description: Background check after conditional offer of employment
Who: Private, public employers and vendors
Description: HB 1298 applies to both public- and private-sector employment across Washington. The law requires employers to delay conviction record inquiries and background checks until after determining that an applicant satisfies the basic criteria for the position and is thus “otherwise qualified” for the job. The law also prohibits employers from implementing any policy that categorically excludes people with records before the determination as to whether the candidates are otherwise qualified. Moreover, employers may not advertise jobs in a way that excludes people with records from applying. The law provides for monetary penalties and grants the attorney general’s office sole enforcement authority of the law.
Seattle
Who: Private, public employers and vendors
Description:
-
-
- Background checks only required for some positions
- Right to appeal denial of employment
- Provides copy of background check report
-
Spokane
Who: Private, public employers and vendors
Description:
-
-
- Public Employers
- Incorporates EEOC criteria in individualized assessment
- Private Employers
- The ordinance bars private employers from stating that people with arrest or conviction records will be automatically precluded from consideration for employment. Employers may not inquire about a job applicant’s record until after an in-person, telephonic, or video interview (or a conditional offer of employment). An employer violation is categorized as a class 1 civil infraction, and carries civil penalties. Employers required (or expressly permitted) by law to conduct background checks are exempted, as are positions that have unsupervised access to children, vulnerable adults, or vulnerable persons.
- Public Employers
-
Spokane County
Who: Public employers only
Description:
-
-
- Background check after the applicant is found to be otherwise qualified
- Incorporates EEOC criteria in individualized assessment
- Provides copy of background check report
- Right to appeal prior to adverse determination
-
Tacoma
Who: Public employers only
Description:
-
-
- Background check after hiring process is complete
- Incorporates EEOC criteria in individualized assessment
- Provides copy of background check report
-
Pierce County
Who: Public employers only
Description: Incorporates EEOC criteria in individualized assessment
Who: Public employers only
Description: Bill 373 precludes the state from inquiring about a person’s record on the job application and delays inquiries until the applicant is certified for the position.
Dane County
Who: Public employers only
Description: Dane County removed questions of criminal history from the county application in February 2014.
Madison
Who: Public employers and vendors
Description:
-
-
- Background check after conditional offer of employment
- Complaint process (for city contractors, pursuant to ordinance)
-
Milwaukee
Who: Public employers only
Description: City of Milwaukee adopted a resolution requiring the Department of Employee Relations not to ask about an applicant’s criminal history on the initial city employment application. Instead, background checks are only to be conducted when the applicant is placed on an “employee eligibility list.” The resolution expressly applies to all civilian positions within the police and fire departments to the fullest extent permitted by law.
Milwaukee County
Who: Public employers only
Description: Milwaukee County removed questions about conviction history from the county initial employment application.
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on current practice, industry related knowledge and business expertise. The information
provided shall not be construed as legal advice, express or implied.
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