All Comparison Tables

Ban the Box / Fair Chance Hiring Laws

Federal & State Law Editorial TeamLast reviewed: April 2026

Whether public and private employers may ask about criminal history on initial job applications, and when criminal background may first be inquired about.

50 States2 data columnsLast updated: March 2026

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Public EmployersPrivate EmployersWhen Asked
No statewideNoAnytime (no restriction)
No statewideNoAnytime
Yes (state agencies)NoAfter initial review
No statewideNoAnytime
YesYes (5+ employees)After conditional offer
YesYes (Chance to Compete)Not on application
YesYesNot on application
YesNoAfter 1st interview
Local only (Miami, etc.)NoAnytime
Yes (executive order)NoAfter interview
YesYesAfter conditional offer
No statewideNoAnytime
YesYes (15+ employees)After interview/cond. offer
Yes (executive order)No (preempts local)After interview
No statewideNoAnytime
Yes (executive order)NoAfter interview
Yes (executive order)NoAfter interview
Yes (state agencies)NoAfter interview
YesNo (preempts local)Not on application
YesYes (15+ employees)After 1st interview
YesYesNot on initial application
Yes (executive directive)No (preempts local)After interview
YesYesAfter interview/cond. offer
No statewideNoAnytime
Yes (executive order)No (preempts local)After interview
No statewideNoAnytime
YesNoAfter conditional offer
YesNoAfter 1st interview
No statewideNoAnytime
YesYes (15+ employees)After 1st interview
YesYesAfter review of application
YesYes (NYC; state public)After conditional offer (NYC)
Yes (executive order)NoAfter interview
No statewideNoAnytime
YesNo (preempts local)After interview
Yes (executive order)No (preempts local)After interview
YesYesAfter interview
Yes (executive order)No (Phila has city law)After interview
YesYes (4+ employees)After 1st interview
No statewideNoAnytime
No statewideNoAnytime
YesNoAfter interview
Local only (Austin, etc.)Austin onlyAfter conditional offer (Austin)
YesNo (preempts local)After interview
YesYesAfter interview
Yes (executive order)NoAfter interview
YesYes (Fair Chance Act)After determining qualified
No statewideNoAnytime
Yes (state agencies)NoAfter interview
No statewideNoAnytime
YesYes (10+ employees)After conditional offer

Many cities (NYC, Philadelphia, Chicago, Los Angeles, Seattle, etc.) have stricter Fair Chance ordinances than their state laws. Some states 'preempt' local rules, blocking cities from requiring more. EEOC guidance also applies federally regardless of state law.

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.