Over 80% of people in the U.S. are now living under Ban-the-Box laws. If you’re in charge of hiring, this isn’t just some legal trivia—it’s your new reality. These laws are changing the rules on how, when, and if employers can consider criminal history during the hiring process.
But don’t panic. It’s not as complicated as it sounds, and the upside is clear: Ban-the-Box opens up your candidate pool, giving qualified people a fair shot at proving what they can bring to the table—without being defined by their past.
Hiring is changing. Let’s walk through how Ban-the-Box fits into the bigger picture and what you need to know to stay ahead.
What is ban-the-box?
Ban-the-Box laws are for you, the employer. While background check providers play a role, these regulations are designed to regulate your hiring process. If you don’t follow them, you could face legal consequences.
Ban-the-Box laws are regulations that govern when an employer can ask about a candidate’s criminal history during the hiring process. They’re called “Ban-the-Box” because they typically require employers to remove the self-disclosure checkbox or any questions about criminal records on job applications.
Ban-the-Box is often mentioned alongside “Fair Chance” laws, and while they’re related, they’re not exactly the same. Ban-the-Box focuses on the timing of when you can ask about criminal history, while Fair Chance laws typically add more protections—like how that information can be used during the hiring process. The two usually work together, but the distinction is important.
Ban-the-Box laws don’t prohibit background checks altogether—they just regulate when you can ask about an applicant’s criminal history. Instead of upfront on the application, you can typically ask once you’ve moved further along in the hiring process, often after an initial interview or once a conditional job offer has been made.
As of 2024, Ban-the-Box laws have been enacted in 37 states and 150 cities and counties. These laws are becoming the norm across many states and cities, and it’s crucial to make sure your hiring process complies with the regulations in your area.
What is the purpose of ban-the-box laws?
Ban-the-Box isn’t just about removing a checkbox—it’s about giving people a real shot at employment. The purpose of these laws is to create fair opportunities for individuals with a criminal history by preventing automatic disqualification at the start of the hiring process.
It started with a movement called All of Us or None, which was launched to fight against discrimination faced by people with past convictions. The idea is simple: when people get a second chance at employment, they’re more likely to reintegrate into society, stay out of the justice system, and contribute positively to their communities. In fact, stable employment significantly reduces the chances of reoffending.
Ban-the-Box laws help level the playing field by delaying when employers can ask about criminal records. This way, candidates are judged on their skills and qualifications first, instead of being eliminated based on past mistakes that might not even be relevant to the job.
For employers, these laws aren’t just about compliance—they’re an opportunity to widen the talent pool. By considering more applicants, you might find that someone with a criminal record is the best fit for your open role. And let’s be real—people who’ve faced challenges and overcome them often bring resilience, determination, and a unique perspective to their work.
What do Ban-the-Box and Fair Chance laws mean for background screening?
Ban-the-Box laws don’t stop employers from running background checks; they simply change when and how background checks are used. At Yardstik, we help you stay compliant with these laws—especially when you’re hiring in high volumes across different states.
Let’s look at two key ways we do that.
1. Limiting Lookback Periods
One of the most important aspects of Ban-the-Box compliance is making sure you’re not using outdated or irrelevant data when making hiring decisions. Yardstik helps you stay compliant by limiting the lookback periods for criminal history.
Often, jurisdictions that have Ban-the-Box or Fair Chance laws follow the FCRA (Fair Credit Reporting Act) guidelines, which regulate how far back you can look when considering certain types of records. In general, you’ll need to focus on the most recent seven or 10 years, depending on the type of conviction and the salary level of the position.
Here’s a breakdown of typical FCRA-compliant lookback periods:
| Record | Limit to report |
| Bankruptcy | 10 years |
| Civil suit/judgment | 7 years |
| Paid tax lien | 7 years |
| Collections accounts | 7 years |
| Other adverse info | 7 years |
| Arrests | 7 years |
| Criminal conviction | None |
While the FCRA allows criminal convictions to be reported indefinitely, many states have their own laws that limit how far back you can look—often to the most recent seven or 10 years. This can get complicated fast, especially when you’re hiring across different states. Factors like where your candidate lives, where they’ll work, and where your company is headquartered can all influence which state’s laws apply.
To keep things simple and stay compliant, it’s a best practice to limit lookbacks for criminal convictions to seven or 10 years across the board. So, we’ve built this best practice into our platform. This approach not only helps you navigate the patchwork of state regulations but also aligns with the spirit of Ban-the-Box—focusing on a candidate’s recent history and current qualifications rather than past mistakes.
As a hirer, you still need to know the regulations of both the cities and the states in which you are hiring.
2. Adjustable Pre-Adverse and Adverse Action Timing
When you decide not to move forward with a candidate based on what comes up in their background check, regulations require that you send pre-adverse and adverse action letters.
But in many places, that’s not where it ends. Several states and local jurisdictions take it a step further, requiring an individualized assessment. This means giving the candidate an opportunity to provide additional info or context on their history during the adverse action period.
With Yardstik, we give you the flexibility to control when these letters are sent, giving you the ability to stay compliant with the specific timing requirements set by Ban-the-Box laws in your location. This flexibility is crucial when you’re managing high-volume hiring across multiple states, where the timing regulations can vary.
What do Ban-the-Box and Fair-Chance laws mean for employers?
When you delay asking about criminal history, you’re giving more candidates the chance to apply, many of whom may have been automatically disqualified because of their past. This opens up your talent pool to skilled, experienced individuals who might have otherwise been overlooked.
It’s not just about following the law—it’s about finding people who can bring resilience, determination, and fresh perspectives to your company.
The biggest risk for employers is non-compliance. Failing to follow them can lead to serious legal consequences.
That’s why partnering with a background screening provider that keeps you compliant is critical. We help you take fewer risks by giving you only up-to-date and relevant information—keeping your hiring process safe, compliant, and efficient. Talk to us today to learn more.