Ban the Box
Laws restricting when an employer may ask about criminal history — usually until after a conditional offer.
Definition
Ban-the-box statutes and ordinances delay criminal-history inquiries until later in the hiring process — most often until after a conditional offer. As of 2026, 17 states plus DC apply ban-the-box rules to private employers — Texas joined September 1, 2025 under HB 2466, and Virginia's Clean Slate inquiry ban took effect July 1, 2026, and many cities (NYC, LA, San Francisco, Philadelphia, Chicago) layer additional ordinances. The federal Fair Chance Act covers federal contractors. SafestHires gates the criminal package in the order workflow so adjudicators cannot request records before the candidate's stage allows it.
Related terms
- Adverse Action — Any hiring decision based on a consumer report; FCRA §615 requires a two-step notice process.
- Individualized Assessment — The EEOC-recommended analysis of a specific candidate's circumstances before denial.
Need help applying this?
SafestHires builds these rules into the screening workflow so adjudicators do not have to remember them. See the compliance hub for the relevant statute set, or contact us to talk through a program.