What employers can ask, when they can ask it, and what to do if they break the rules.
You've got a felony or some other record. You're applying for jobs. And you're wondering: can they even ask me about this? When? What are they allowed to do with it? That's what ban the box laws are about, and the answer is different depending on where you live.
It depends on your state, your city, who you're applying to, and whether anyone's actually enforcing the rules.
I wrote this guide because I got tired of watching people get blindsided by questions they didn't have to answer, or get passed over by policies that were flat-out illegal. This breaks down the laws that protect you (federal, state, and local) so you know exactly where you stand.
What Is Ban the Box? (And Can an Employer Ask About My Felony?)
"Ban the Box" refers to laws that remove the criminal history checkbox from job applications. The "box" is that question: "Have you ever been convicted of a felony?"
These laws don't prevent employers from ever asking about your record. They change when they can ask, pushing the question later in the hiring process, after you've had a chance to show what you can actually do.
The idea is simple: let people compete on merit first, then address the record. You'll also hear these called fair-chance hiring laws. Same idea, the name lawyers and lawmakers use.
Federal Protections: What Applies Nationwide
The Fair Chance to Compete for Jobs Act (2019)
This federal law covers federal agencies and federal contractors, and it took effect in December 2021. If you're applying for a government job or a job with a company that contracts with the federal government, this law protects you.
What it requires:
- No criminal history questions on the initial application
- No background checks until after a conditional job offer
- Exceptions for law enforcement, national security, and positions that legally require background checks
What it doesn't cover:
- Private employers (unless they're federal contractors)
- State or local government jobs (those follow state/local rules)
EEOC Guidance on Criminal Background Checks
The Equal Employment Opportunity Commission (EEOC) issued guidance in 2012 that still applies today. It doesn't ban criminal history questions outright, but it sets limits on how employers can use your record.
Key rules:
- Employers can't use arrest records alone to disqualify you; an arrest isn't proof you did anything
- Policies must be "job related and consistent with business necessity"
- Blanket "no felons" policies can be illegal under Title VII if they cause disparate impact on protected groups (particularly racial minorities, who are disproportionately affected by the criminal justice system)
- Employers should conduct an individualized assessment before rejecting someone based on a record
The three-factor test (the "Green factors," from a 1975 federal court case):
When deciding whether a conviction disqualifies someone, employers should consider:
- Nature and gravity of the offense
- Time that has passed since the offense or completion of sentence
- Nature of the job and its duties
If there's no clear connection between your conviction and the job, rejecting you may be discriminatory. EEOC guidance is not a law by itself. It explains how the civil rights law (Title VII) applies to background checks, and the law behind it is still on the books. But since 2025 the EEOC has stepped back from these cases, so as of September 2026 a complaint to your state or city civil rights agency will usually get more attention than one to the EEOC. How much any of this helps you depends on the facts and on where you file.
Is There a Federal Ban the Box for Private Employers?
No. As of September 2026, there's no federal law requiring private employers in general to Ban the Box. That's left to states and cities. I wish it were different, but that's the reality right now.
Ban the Box by State: Where You're Protected
The best-known national count comes from the National Employment Law Project (NELP), and it is dated October 1, 2021. As of that count, 37 states and over 150 cities and counties had some form of Ban the Box policy, most of them only for public (government) jobs. Only 22 of those localities reached private employers. Laws change, and some states have acted since, so treat any list, including this one, as a starting point and check your state's current rules. Source: NELP, Ban the Box state and local guide (2021).
But the protections vary wildly depending on where you live. I've seen people assume they're covered when they're not, and I've seen people give up rights they actually had. Here's the breakdown.
States That Cover Private Employers
As of NELP's October 2021 count, these 15 states extended Ban the Box protections to private employers (not just government jobs). Since NELP's 2021 count, some states have changed their rules. As of September 2026: Washington now makes most employers (15+ employees since July 1, 2026, all employers from January 1, 2027) wait until after a conditional job offer to look at your record. Virginia's Clean Slate law (since July 1, 2026) means most employers can't make you disclose a record that has been sealed. It doesn't stop them from asking about unsealed records. Texas has no statewide ban-the-box law for private employers. A 2025 bill (HB 2466) died in committee. Check your own state's current rules. The short descriptions below are summaries as of September 2026, not the law itself:
| State | Key Requirements |
|---|---|
| California | Employers with 5+ employees can't ask until after conditional offer; requires individualized assessment and written notice before rejection |
| Colorado | No criminal history questions on initial applications; can't advertise "no felons" |
| Connecticut | No criminal history questions on initial job applications |
| Hawaii | Only after a conditional job offer; the conviction must have a rational relationship to the job, and generally only felonies from the last 7 years and misdemeanors from the last 5 (not counting time locked up) can be considered |
| Illinois | Employers with 15+ employees can't ask until you're selected for an interview (or, with no interview, until after a conditional offer) |
| Maine | Removes question from initial applications |
| Maryland | Employers with 15+ full-time employees can't ask before the first in-person interview |
| Massachusetts | Removes question from initial applications |
| Minnesota | Can't ask until you're selected for an interview (or, with no interview, before a conditional offer) |
| New Jersey | Employers with 15+ employees can't ask, on paper or out loud, until after the first interview |
| New Mexico | Removes question from initial applications |
| Oregon | Can't make you disclose a conviction on the application or before the first interview (or before a conditional offer if there's no interview) |
| Rhode Island | Can't ask on the application; can ask at the first interview or later |
| Vermont | Removes question from initial applications |
| Washington | Can't ask or run a background check until after a conditional job offer (employers with 15+ employees since July 1, 2026; all employers from January 1, 2027); can't advertise "no felons"; can't act on arrest records or juvenile records |
Major cities with strong protections:
- New York City
- Philadelphia
- Los Angeles (city and county)
- Washington, D.C.
- Seattle
- San Francisco
States with the Strongest Protections
California's Fair Chance Act is considered one of the toughest in the country:
- Covers all employers with 5+ employees
- No conviction questions until after conditional offer
- Can't consider arrests that didn't lead to conviction, sealed/expunged records, or juvenile records
- Requires written individualized assessment
- Must give applicant written preliminary decision, copy of background report, and at least 5 business days to respond
- Must provide final written decision
New York City's Fair Chance Act has similar requirements plus administrative enforcement with real teeth.
Los Angeles County also has its own Fair Chance Ordinance (in effect since September 3, 2024). It covers employers with 5 or more employees for jobs where you'd work at least 2 hours a week in unincorporated parts of the county. The county's Department of Consumer and Business Affairs (DCBA) can fine an employer up to $5,000 per applicant for a first violation, $10,000 for a second, and $20,000 for later ones, and at least half goes to the worker. You can also ask DCBA for an intent-to-sue notice and take the employer to court within a year. Amounts as of September 2026; check with DCBA.
States with NO Ban the Box Protections
As of September 2026, these 13 states have no statewide Ban the Box law that we could find (NELP's 2021 list, updated for later bills that failed, like South Carolina's and Texas's). Laws change, so confirm your own state's current rules:
- Alabama
- Alaska
- Arkansas
- Florida
- Idaho
- Iowa
- Mississippi
- Montana
- South Carolina
- South Dakota
- Texas
- West Virginia
- Wyoming
North Dakota is not on this list: it has had a law for public employers since 2019.
If you're in one of these states, employers can ask about your criminal history at any point: on the application, in the interview, whenever they want. Your main federal protection is Title VII and the EEOC guidance against discriminatory blanket policies (though the EEOC has stepped back from these cases since 2025, as noted above), plus the Fair Credit Reporting Act rules on background checks.
Note: Even in these states, some cities or counties may have their own local ordinances. Check your specific location.
Wisconsin: What You Need to Know
Wisconsin is a mixed bag. I work with a lot of people here, so I want to be really specific about what's protected and what's not.
Public vs. Private Employers
Public employers (state government jobs):
Wisconsin removed conviction questions from state civil service job applications in 2016 (2015 Wisconsin Act 150). The state can ask after you're certified for the position, or earlier if a specific conviction would legally rule you out.
Private employers:
No statewide Ban the Box law. Private employers in Wisconsin can ask about your criminal history at any stage of the application process.
The "Substantially Related" Standard
This is where Wisconsin actually does protect you, and it's important. Under Wisconsin law (Wis. Stat. §111.335), it's illegal to discriminate based on arrest or conviction record, with an important exception.
Employers can refuse to hire you based on a conviction only if the conviction is "substantially related" to the job.
What "substantially related" means:
There must be some overlap between the circumstances of the offense and the circumstances of the job. Examples:
- Theft conviction → cashier position = substantially related
- OWI conviction → truck driver position = substantially related
- Drug conviction → warehouse worker position = probably NOT substantially related
Courts and the Department of Workforce Development look at:
- Nature of the offense
- Context of the job
- Time since the offense
- Your age when it happened
- Evidence of rehabilitation
Bottom line: An employer can't refuse to hire you just because you have a felony. They have to show the specific conviction relates to the specific job. I've seen people not know this and just accept the rejection. Don't be that person.
Arrests vs. Convictions
Wisconsin draws a clear line:
Arrests: Employers cannot refuse to hire you based on an arrest record. Period. They can consider the underlying conduct only if it's substantially related to the job AND they have actual evidence, not just the fact that you were arrested.
Convictions: Employers can consider convictions, but only if substantially related to the job.
Pending charges: Employers can consider pending charges if substantially related, but they can't treat a pending charge as proof of guilt.
Local Ordinances
Madison, Dane County, the City of Milwaukee, Milwaukee County, and the City of Racine have their own Ban the Box rules for their own government jobs.
Madison goes further: private companies with a Madison city service contract over $25,000, city financial assistance over $25,000, or public works contracts must also keep conviction questions off their applications and wait until after a conditional offer. Other than that, no Wisconsin city makes private employers ban the box, as of September 2026.
Pending Legislation
As of September 2026, Wisconsin has no Ban the Box law for private employers. Bills have been proposed over the years, and none has passed. The Legislature's 2025-2026 session is over, so nothing new can pass before 2027. Watch the Wisconsin Legislature's site after that.
Wisconsin employers we checked, and free help near you: jobs for felons in Wisconsin.
What Employers Can and Can't Do
When Can Employers Ask About Criminal History?
| Jurisdiction | When They Can Ask |
|---|---|
| Strong Ban the Box states (California, for example) | Only after conditional job offer |
| Moderate Ban the Box states | After interview or after determining you're otherwise qualified |
| Federal jobs/contractors | Only after conditional job offer |
| Wisconsin private employers | Anytime (but can only reject if substantially related) |
| States with no protections | Anytime |
What Is "Individualized Assessment"?
This is a big one, and most people don't know about it. When laws or EEOC guidance require an "individualized assessment," employers must consider:
- Nature and gravity of the offense: Was it violent? Property crime? How serious?
- Time elapsed: How long ago? Have you stayed clean since?
- Nature of the job: What are the actual duties? What access/responsibility does the role involve?
They must also give you a chance to explain: provide context, show rehabilitation, correct errors in the background report, or offer references.
In places with strong laws, like California and New York City, this step is required before they can reject you. If they skip it there, they may have broken the rules.
Can Employers Have "No Felons" Policies?
Often not. In Wisconsin, a blanket policy runs straight into the "substantially related" rule. Elsewhere it depends on your state and city.
EEOC guidance says blanket exclusions can cause illegal disparate impact. Many state and local laws explicitly prohibit blanket bans and require case-by-case assessment.
Exceptions: Some positions are legally restricted. Certain healthcare, childcare, financial, and security roles have statutory bars for specific convictions. In those cases, the employer isn't choosing to exclude you. The law requires it.
Can Employers Consider Arrests?
Usually no.
- EEOC guidance: Arrests alone aren't proof of conduct and shouldn't be automatic disqualifiers
- Wisconsin law: Employers can't refuse to hire based on arrest record
- California and other strong states: Employers can't consider non-conviction records at all
Can Employers Rescind a Job Offer After a Background Check?
Yes. In places with strong Ban the Box laws, they must follow a process like this one (the details vary by place):
- Conditional offer: They offer you the job pending background check
- Background check: They run your record
- Individualized assessment: They evaluate whether the conviction is job-related
- Preliminary decision: If they're considering withdrawal, they must give you written notice
- Your response: You get time (typically 5+ business days) to respond with corrections, context, or evidence of rehabilitation
- Final decision: They issue a final written decision
Under the federal Fair Credit Reporting Act (FCRA), if they use a third-party background check company, they must also give you:
- Pre-adverse action notice
- Copy of the background report
- Summary of your rights under FCRA
- Adverse action notice after final decision
What to Do If Your Rights Are Violated
If you think an employer broke the rules, here's what I tell people to do, in order.
Step 1: Document Everything
Save copies of:
- Job applications
- Emails and correspondence
- Any written decisions or rejections
- The job posting (screenshot it)
- Your background report (request a copy)
Step 2: File a Complaint
Where to file depends on the violation:
| Type of Violation | Where to File |
|---|---|
| Federal job or contractor | The hiring agency, or OPM |
| California Fair Chance Act | California Civil Rights Department (CRD) |
| NYC Fair Chance Act | NYC Commission on Human Rights |
| Los Angeles County | Department of Consumer and Business Affairs (DCBA) |
| Wisconsin discrimination | Wisconsin DWD Equal Rights Division |
| EEOC/Title VII violation | EEOC (state agency first where one exists) |
Step 3: Understand Potential Remedies
Depending on jurisdiction and violation, remedies can include:
- Back pay for wages you would have earned
- Reinstatement or hiring
- Compensatory damages
- Administrative fines against the employer, in some places
- Policy changes required of the employer
- Attorney's fees if you prevail
Step 4: Consider Legal Help
If you believe you have a strong case (especially if there's a pattern of discrimination or significant damages), talk to an employment attorney. Many offer free consultations, and some of these laws allow you to recover attorney's fees if you win. I'm not a lawyer, but I've pointed enough people in this direction to know it's worth the phone call.
Do These Laws Actually Work?
I'm going to be straight with you: it depends.
What the Research Shows
A 2025 study in the Journal of Public Economics (Burton and Wasser) looked at hiring at one large employer and found Ban the Box made little difference to hiring rates for candidates with records.
A 2024 NBER working paper by Kaestner and Wang, written up by the Cato Institute, looked at national data and found no meaningful effect, positive or negative, on employment overall.
Earlier studies found modest positive effects in some contexts (public sector, low-wage jobs in high-crime areas) but raised concerns about statistical discrimination: the theory that when employers can't ask about records, they may discriminate based on race instead.
What Does Work
Advocates, including NELP, argue these laws work best when they come with:
- Strong enforcement (real penalties, not just paper rules)
- Individualized assessment requirements (forcing case-by-case review)
- Complementary supports (record-clearing, training, employer incentives)
Bottom line: Ban the Box alone doesn't guarantee you'll get hired. But it gives you a better shot at getting in the door, and legal recourse if employers break the rules. I'll take "better shot" over "no shot" every time.
State by state, with the law, employers we checked and free local help: jobs for felons.
Common questions
What is ban the box?
Ban the box means laws that take the criminal history checkbox off job applications. They don't stop an employer from ever asking about your record. They change when the employer can ask, pushing the question later in the hiring process, after you've had a chance to show what you can do.
Does ban the box mean employers can't ask about my felony?
No. It means they can't ask on the first application. Depending on where you live, they can still ask after an interview, after deciding you're qualified, or after a conditional offer.
How many states have ban the box laws?
The most-cited count is NELP's, dated October 2021: 37 states and over 150 cities and counties had some form of Ban the Box policy, mostly for public jobs, and 15 states (California, Colorado, Connecticut, Hawaii, Illinois, Maine, Maryland, Massachusetts, Minnesota, New Jersey, New Mexico, Oregon, Rhode Island, Vermont, and Washington) extended it to private employers. Since then, as of September 2026, Washington has tightened its law, Virginia has limited questions about sealed records, and Texas has not passed a law. Check your state's current rules. Source: NELP (2021).
Can a private employer in Wisconsin ask about my felony on the application?
Yes. Wisconsin has no Ban the Box law for private employers. But under the Wisconsin Fair Employment Act, they can only turn you down over a conviction if it is "substantially related" to the job.
What does "substantially related" mean in Wisconsin?
It means there's real overlap between the circumstances of the offense and the job. A theft conviction and a cashier job, or an OWI and a truck-driving job, can be substantially related. When there's no clear connection, Wisconsin law says the employer can't reject you over that conviction.
Are "no felons" hiring policies legal?
Often not. EEOC guidance says blanket exclusions can cause illegal disparate impact, and many state and local laws require a case-by-case look instead. The exceptions are jobs where the law itself bars certain convictions, like some healthcare, childcare, and financial roles. If you were turned down only because of a felony, with no look at whether it relates to the job, you may have grounds for a complaint.
Can employers ask about arrests that didn't lead to a conviction?
Generally they shouldn't use them against you. EEOC guidance says an arrest alone isn't proof of anything. Wisconsin law bars discrimination based on arrest records. California and some other states bar employers from considering most non-conviction records at all.
What is an individualized assessment?
It's the employer looking at your actual situation instead of applying a blanket rule: how serious the offense was, how long ago it happened, and what the job involves. In the strongest ban the box places they also have to give you a chance to explain before they reject you. In Wisconsin the matching idea is the "substantially related" standard.
Can a job offer be taken back after a background check?
Yes. But if they used a background check company, the federal Fair Credit Reporting Act says they must send you a pre-adverse action notice with a copy of the report and a summary of your rights first, so you can correct errors or add context. Strong ban the box places add more steps, like a written individualized assessment.
Can I be fired if my employer finds out about my record after I'm hired?
It depends. If you lied on the application, that's usually grounds for firing on its own. If you told the truth or were never asked, firing you over the record alone may be illegal in places with strong protections, including under Wisconsin's "substantially related" standard.
How do I file a complaint in Wisconsin?
Contact the Wisconsin DWD Equal Rights Division. You can file if you believe an employer discriminated against you because of an arrest or conviction record. You have 300 days from the decision to file (as of September 2026). You don't need a lawyer to start, though talking to legal aid first is smart.
Do ban the box laws apply to all jobs?
No. Most have exceptions for law enforcement and corrections, jobs working with children or vulnerable adults, jobs needing security clearances, and roles where the law itself bars certain convictions.
Do ban the box laws actually help people with a felony get hired?
The research is mixed. A 2024 NBER study by Kaestner and Wang, covered by the Cato Institute, found no meaningful effect on overall employment, and a 2025 Journal of Public Economics study at one large employer found little difference in hiring. Advocates argue the laws work best with real enforcement and case-by-case review. Either way, the laws give you a better shot at getting in the door and a way to push back if an employer breaks the rules.
The Bottom Line
Ban the box laws won't erase your record. They won't guarantee you a job. But they give you something real:
- A fairer shot: You get evaluated on what you can do before your past comes up
- Legal protection: In many places, blanket "no felons" policies can be challenged
- A process: In strong jurisdictions, employers must assess your situation individually and let you respond
- Recourse: If employers break the rules, you can file complaints and potentially recover damages
Know your rights. Know the rules in your state. And if someone violates them, push back. That's what the laws are there for.
Need Help With Your Resume?
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Last Updated: September 2026
Sources: National Employment Law Project, "Ban the Box: Fair Chance Hiring State and Local Guide" (dated October 1, 2021, https://www.nelp.org/insights-research/ban-the-box-fair-chance-hiring-state-and-local-guide/); EEOC Enforcement Guidance 915.002 (2012); California Civil Rights Department; Wisconsin DWD Equal Rights Division; Wis. Stat. 111.335; Fair Chance to Compete for Jobs Act of 2019; Los Angeles County DCBA; Burton and Wasser, Journal of Public Economics (2025); Kaestner and Wang, NBER Working Paper 32273 (2024), as covered by the Cato Institute