Below is a summary of recent ban the box enactments. As a general trend, recent enactments in states which already have some form of ban the box have focused on expanding their policies, particularly when it comes to private employment or educational institutions. States that are newer to ban the box policies tend to begin with public employers before expanding to private employers or educational institutions. As mentioned above, Michigan is the only recent enactment which expressly prohibits local authority to enact ban the box policies.
2019 & 2020 Enactments
Colorado - HB 1025
Prohibits employers with less than 11 employees (all employers after Sept. 1, 2021) from stating in an advertisement for a position that a person with a criminal history may not apply. Also prohibits an employer from inquiring or requiring disclosure of an applicant’s criminal history on an initial written or electronic application form.
Colorado - SB 170
Prohibits state institutions of higher education from inquiring into or requiring disclosure of an applicant’s criminal history or disciplinary history at another academic institution on any form of application for admission.
New Hampshire - HB 253
Prohibits a public employer from inquiring about or conducting a criminal background check on a prospective employee prior to an interview, unless required by state or federal law.
North Dakota - HB 1282
A public employer may not inquire into or consider the criminal record or criminal history of an applicant for public employment until the applicant has been selected for an interview by the employer. Does not apply to the department of corrections and rehabilitation or to a public employer that has a statutory duty to conduct a criminal history background check or otherwise take into consideration a potential employee’s criminal history during the hiring process.
2017 & 2018 Enactments
California - AB 1008
Repeals former law enacted under CA AB 218 (2013). AB 1008 expands on the former law by expanding employee protections and moving coding to the Fair Employment and Housing Act.
Michigan - SB 353
Prohibits local governments from adopting or enforcing local legislation that regulates information an employer or potential employer must request, require, or exclude on an employment application or as part of the interview process.
Nevada - AB 384
Provides that the criminal history of an applicant or other qualified person under consideration for a position in the unclassified or classified service of the state may be considered only after the applicant has been certified by the Administrator of the Division of Human Resource Management of the Department of Administration or after a conditional offer of employment has been made to the applicant.
Utah - HB 156
Provides that a public employer may not require an applicant to disclose a past criminal conviction before an initial interview for employment; and provides exemptions for certain public employers.
Washington - HB 1298
Prohibits employers from asking about arrests or convictions before an applicant is determined otherwise qualified for a position.