Ban the Box

What is Ban the Box?

“Ban the Box” is a policy that aims to remove the question about criminal history from job application forms. The goal of Ban the Box is to give individuals with criminal records a fair chance at employment by delaying the criminal background check until later in the hiring process.

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Ban the Box policies vary by jurisdiction, but they typically prohibit employers from asking about criminal history on job applications and in initial job interviews. The idea behind Ban the Box is to reduce employment discrimination against people with criminal records and to help them to reintegrate into society.

Ban the Box policies have been adopted by a number of states, cities, and employers in the United States, and similar policies have been implemented in other countries around the world.

Why should employers ban the box?

Removing the checkbox that asks about a candidate’s criminal history from job applications isn’t just a policy change—it’s a step toward a fairer hiring process. 

When candidates are filtered out before they even get a chance to prove their qualifications, it creates a cycle of rejection that many never escape.

Here’s why banning the box matters:

• Promotes fair hiring: Candidates are judged on skills first, not past mistakes.
  
• Improves diversity and inclusion: Background checks disproportionately impact marginalized communities.
  
• Reduces recidivism: Employment is one of the strongest predictors of successful reintegration post-incarceration.
  
• Aligns with second-chance hiring initiatives: It gives people the dignity of moving forward.

Companies benefit too. Organizations that adopt ban-the-box policies often tap into a loyal, motivated, and underutilized talent pool.

Why is it called “Ban the Box”?

The term “Ban the Box” refers to the literal checkbox found on many job applications that asks, “Have you ever been convicted of a crime?”

This simple box has historically acted as a silent gatekeeper, screening out individuals before they can even make it to the interview stage. Activists called for banning “the box” to stop this early discrimination and ensure that everyone gets a fair shot at employment.

The name stuck. Over time, it became a rallying cry for criminal justice reform and equal opportunity employment.

What is the purpose of Ban the Box?

At its core, Ban the Box is about timing and fairness. It doesn’t stop employers from conducting background checks, but it delays that step until later in the hiring process, usually after the interview or a conditional offer.

The purpose includes:

• Ensuring applicants are evaluated based on merit first.
  
• Giving candidates a chance to explain their background in person.
  
• Encouraging employers to consider the nature of the offense, how long ago it occurred, and its relevance to the job.

This approach helps employers make informed decisions—without unconscious bias creeping in too early.

How did the Ban the Box movement start?

The Ban the Box movement began in 2004, led by a grassroots group called All of Us or None, made up of formerly incarcerated individuals and their families. It started in Oakland, California, and quickly gained national momentum.

The early push focused on public employers, asking them to delay questions about criminal history to promote second chances. Over time, the campaign expanded:

• Cities and states began adopting formal policies.
  
• Private companies joined voluntarily.
  
• Major employers like Target, Walmart, and Starbucks changed their hiring forms.
  
• In 2015, President Obama endorsed Ban the Box for federal jobs.

The movement is now global, with many countries rethinking how criminal records affect employability.

What are some restrictions imposed by Ban the Box?

Ban the Box laws don’t ban background checks—they just control when and how they’re used. The restrictions vary by state and jurisdiction, but here are common elements:

Timing restrictions

• Employers cannot ask about criminal history on the initial job application.
• Background checks are typically delayed until after an interview or a conditional offer.

Scope limitations

• Employers cannot consider arrests that didn’t lead to a conviction.
• Expunged or sealed records are often off-limits.

Notification requirements

• If an employer decides not to hire due to a criminal record, they may be required to:
  • Notify the candidate of the reason
    
  • Provide a copy of the background report
    
  • Offer a chance to dispute inaccuracies

Relevance review

• Employers may need to assess:
  • The nature and gravity of the offense
    
  • The time that has passed since the conviction
    
  • The relation to the specific job duties

These restrictions aim to strike a balance, protecting both employer interests and the rights of individuals seeking a second chance.