What States Prohibit Pending Charges on a Background Check?
States vary widely in their regulations concerning pending charges on background checks, and these regulations can change due to legislative updates.
To obtain the most accurate and current information on which states prohibit the disclosure of pending charges in background checks, it is crucial to check each state’s laws or consult reliable legal resources.
Here are 18 states that prohibit the use of pending charges in background checks as part of the Ban-the-Box movement:
- New Mexico
- Ohio
- Oregon
- Rhode Island
- Vermont
- Virginia
- Minnesota
- Nebraska
- New Jersey
- Illinois
- Maryland
- Massachusetts
- Delaware
- Georgia
- Hawaii
- California
- Colorado
- Connecticut
Let’s explore them one by one.
1.) New Mexico
In New Mexico, the Criminal Offender Employment Act prohibits private businesses from inquiring about an applicant’s criminal history on the initial employment application.
This means organizations cannot ask about criminal information that have been sealed or expunged.
The regulation aims to shift the timing of such inquiries to later in the hiring process, such as during an interview or contingent upon an offer.
Additionally, the Criminal Record Expungement Act allows individuals to petition the court to have certain arrest or conviction files expunged, which would not need to be disclosed during the employment process.
This legislation highlights the state’s commitment to fair employment practices, particularly regarding pending charges and background checks.
2.) Ohio
In Ohio, the Ban-the-Box legislation, known as House Bill 56, restricts public organizations from asking about an applicant’s felony convictions at the time the application is submitted.
This legislation aims to delay inquiries regarding pending charges and background checks until later in the application process. However, it does not prevent public companies from inquiring about felony convictions later in the hiring process.
The bill also clarifies that individuals convicted of a felony while in classified civil service will become unclassified employees. This legislation reflects the state’s effort to regulate background checks and manage pending charges inquiries effectively.
3.) Oregon
In Oregon, the Ban-the-Box law makes it unlawful for employers to ask about an applicant’s criminal history before the interview stage of hiring.
Specifically in Portland, employers must wait until a conditional job offer has been made before inquiring about criminal histories.
This legislation targets hiring practices that create barriers to employment for ex-offenders and aims to reduce the impact of institutional racism from the justice system to the job search.
These state regulations are designed to manage pending charges and ensure a fair background check process.
4.) Rhode Island
In Rhode Island, the Ban-the-Box law, codified at Rhode Island General Laws 28-5-7 (7), generally prohibits questions about criminal record history on an employment application.
This law has been in place since 2014 to help justice-involved and formerly incarcerated individuals gain employment without the immediate barrier of their criminal record.
Employers are almost never allowed to ask if an applicant has ever been arrested for a crime, with certain exceptions for law enforcement-related positions.
These state regulations are crucial for managing pending charges and ensuring a fair background check process.
5.) Vermont
In Vermont, the Ban-the-Box law became effective on July 1, 2017. This law restricts employers from requesting “criminal history record information,” including arrests, convictions, or sentences, on the initial employment application form.
There are exceptions for positions where state or federal law creates a mandatory or presumptive disqualification based on certain offenses.
Employers may inquire about pending charges and background check details during a job interview or once the applicant is deemed otherwise qualified for the position. These state regulations are crucial in ensuring a fair hiring process.
6.) Virginia
In Virginia, the Ban-the-Box law, effective July 1, 2020, prohibits employers and educational institutions from requiring applicants to disclose information concerning any arrest, pending charges, or conviction during the application process.
There are exceptions for law enforcement agency positions, positions with the local school board, and “sensitive” positions.
Employers may inquire into an applicant’s criminal history during or after an interview. These state regulations are critical for managing background checks and ensuring a fair hiring process.
7.) Minnesota
In Minnesota, the Ban-the-Box regulation requires companies to wait until a job candidate has been selected for an interview or a conditional job offer has been extended before asking about the candidate’s criminal record.
This regulation applies to both public and private companies and is enforced by the Minnesota Department of Human Rights.
It aims to end discrimination against people with criminal records and is part of the state’s efforts to build strong communities by providing fair employment opportunities.
These regulations address pending charges and background checks, ensuring a more equitable hiring process.
8.) Nebraska
In Nebraska, the Ban-the-Box regulation applies only to public companies. This regulation prohibits public companies from asking applicants about their criminal history on job applications until the applicant meets the minimum employment qualifications.
The regulation does not apply to regulation enforcement agencies or positions where a criminal history record check is required by federal or state regulation.
This measure is intended to give individuals with a criminal history a fair chance at securing employment with the state. These regulations specifically address pending charges and background checks, ensuring a more equitable hiring process.
9.) New Jersey
In New Jersey, the Ban-the-Box regulation, known as the Opportunity to Compete Act, restricts companies from inquiring about an applicant’s criminal background during the initial stages of the application process.
Companies with at least 15 employees over 20 calendar weeks are covered by this regulation. They cannot make any inquiries about an applicant’s criminal record until after the first interview has been conducted.
This regulation is designed to give all individuals a fair opportunity to compete for employment without being prematurely disqualified based on their criminal history.
These regulations specifically address states, pending charges, and background checks, ensuring a more equitable hiring process.
10.) Illinois
In Illinois, the Job Opportunities for Qualified Applicants Act prohibits employers from inquiring about or considering an applicant’s criminal record until after the applicant has been determined qualified for the position and notified that they have been selected for an interview, or, if there is no interview, until after a conditional offer of employment has been made.
This law applies to employers with 15 or more employees and aims to provide individuals with criminal records a fair chance at employment by delaying the point at which criminal history can be considered.
These regulations specifically address states, pending charges, and background checks, ensuring a more equitable hiring process.
11.) Maryland
In Maryland, the Criminal Record Screening Act prevents employers with 15 or more full-time employees from asking applicants about their criminal record or pending criminal accusations before the first in-person interview.
This law includes a broad definition of employment and covers various types of work arrangements.
There are exemptions for positions where federal or state law requires or authorizes background checks.
This legislation is pivotal in shaping how states, pending charges, and background checks are managed in employment processes, aiming for fairness and equal opportunity.
12.) Massachusetts
In Massachusetts, the Ban-the-Box law, effective since November 4, 2010, prohibits employers from asking about a job applicant’s criminal record prior to the interview stage of the hiring process.
Employers cannot request criminal history on a written application, and this provision is part of the state’s efforts to reduce barriers to employment for individuals with criminal records.
This legislation reflects how states, pending charges, and background checks are regulated to promote fair hiring practices and equal opportunity in employment.
13.) Delaware
In Delaware, the Ban-the-Box movement has led to the implementation of policies that restrict public employers from asking about an applicant’s criminal history on initial job applications.
The focus is on removing barriers to employment for individuals with criminal records and ensuring that qualifications are considered before any criminal history.
Specifically, Delaware’s Ban the Box Act prohibits academic institutions from inquiring about an applicant’s criminal history during the admissions process, except for certain convictions like stalking or sexual offenses.
This reflects how states, pending charges, and background check regulations are evolving to promote fair access to employment and educational opportunities.
14.) Georgia
In Georgia, the approach to Ban-the-Box, established through an Executive Order, applies to public sector employers. It prohibits inquiries into an applicant’s criminal history until after the initial stage of the employment application process.
The order also stipulates that a criminal record should not automatically bar an applicant from state employment, and applicants must be given the opportunity to dispute the information in their history.
This policy aims to give individuals with a criminal record a fair chance at employment and is part of states, pending charges, and background check regulations aimed at promoting equitable hiring practices.
15.) Hawaii
In Hawaii, the amended Ban-the-Box law provides stronger protections for ex-offenders.
The law now prevents most private sector employers from considering felony convictions older than seven years and misdemeanor convictions older than five years, excluding periods of incarceration.
This change aims to reduce employment discrimination against individuals with old and minor conviction records, thereby supporting economic self-sufficiency and reducing crime and recidivism rates.
Employers in Hawaii must apply a “rational relationship” test before denying employment based on a conviction record, ensuring that the conviction is relevant to the job in question.
This policy reflects states, pending charges, and background check regulations aimed at fostering fair hiring practices and opportunities for all applicants.
16.) California
In California, the Fair Chance Act, effective since January 1, 2018, stands as the state’s Ban-the-Box law. It generally prohibits employers with five or more employees from asking about a job candidate’s conviction history before making a job offer.
This law aims to reduce barriers to employment for individuals with criminal histories.
After making a conditional offer of employment, an employer cannot deny employment based on a conviction without conducting an individualized assessment.
Additionally, California’s Clean Slate Act provides for automatic sealing of certain criminal records after specified time periods.
These measures reflect states, pending charges, and background check regulations aimed at promoting fair hiring practices and opportunities for all applicants.
17.) Colorado
In Colorado, the Ban-the-Box law, part of the Colorado Chance to Compete Act passed in 2019, restricts private employers from inquiring about pending charges or background checks on the initial employment application.
Employers cannot require applicants to disclose their criminal history upfront on a job application, nor can they indicate in job advertisements that individuals with criminal histories are ineligible to apply.
However, employers retain the right to conduct background checks at any stage of the hiring process.
These provisions aim to ensure fair consideration of all applicants and reduce barriers to employment for individuals with pending charges or a criminal background.
18.) Connecticut
In Connecticut, the Ban-the-Box law, effective since January 1, 2017, restricts employers from asking about pending charges or background checks on an initial employment application, unless required by law or for positions needing a fidelity bond.
This law applies to both private and public employment sectors. Additionally, Connecticut’s Clean Slate law, effective January 1, 2023, mandates the automatic erasure of certain criminal archives, influencing hiring and employment practices by offering individuals a fresh start without the burden of past convictions.
Last Words
These states have implemented rules that prohibit companies from considering pending charges in background checks, aiming to reduce discrimination and promote fair hiring practices.
Firms must remain vigilant about these specific statutes in their respective states, as they can profoundly impact the hiring process and legal compliance.
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