In an attempt to help level the playing field in the hiring process in the USA for the formerly incarcerated and/or those with a criminal background record laws continue to be made to ban the box on job application forms asking about candidates previous criminal history.

Ban-the-Box laws are designed to reduce potential discrimination in hiring and continue to be implemented across the country, from a statewide level down to city and county. Recently, Orange County, in Florida, enacted a new Ban-the-Box law that will remove the question regarding criminal history on any governmental employment application.

From WFTV on September 11, 2021:

On government job applications for Orange County, applicants have been asked to check a box stating, “Have you ever pleaded no contest to, or been convicted of, a first-degree misdemeanor or any felony?”

By removing this question, officials hope to improve access to employment for those with a criminal record and provide advancement for residents in underrepresented communities.

Officials said the change will not apply to public safety positions like firefighter and corrections officer. ^{wftv.com/news/local/orange-county/orange-county-government-stop-asking-job-applicants-if-they-have-criminal-convictions/}

As with most Ban-the-Box laws the goal is to improve employment opportunities and allow formerly incarcerated individuals a potential pathway back into mainstream employment.

From the Orlando Sentinel on September 10, 2021:

People applying for a job with the Orange County government will no longer have to disclose prior criminal convictions at the beginning of the application process, a move officials and advocates hope will improve access to employment for those with a criminal record… ^{orlandosentinel.com/news/breaking-news/os-ne-orange-county-ban-box-desmond-meade-20210910-7bi5yfj4iza27cdnan4e2adxte-story.html}

Hiring managers and HR Departments should take immediate note of changes in laws governing the use of public records as part of a pre-employment background screening can occur frequently.

At this point in time it is critical that HR departments stay abreast of ban-the-box laws as they could significantly impact hiring practices.

To read more about this subject read recent press release: County Level Ban-the-Box Continues the Trend of Managing Use of Criminal Records in Background Screening

Over two decades of Ban-the-Box legislation being enacted across the USA has caused significant changes to the employment screening and overall hiring practices within those localities and hiring managers should take notice. These agents’ particularly human resource departments should take this opportunity to work with a professional pre-employment background screening agency, in order to remain complaint with a variety of complex laws governing the use of public records, especially criminal background records.

As Ban-the-Box laws are enacted across the United States, the federal government has finally enacted their own law, which becomes effective at the end of 2021.

From JDSupra.com on July 23, 2021:

The Fair Chance to Compete for Jobs Act of 2019 is set to become federal law effective December 2021. The law prohibits many federal agencies and federal contractors from requesting arrest and conviction information from a job applicant—at least until after extending a conditional offer of employment. Although this will be the first federal “ban-the-box” legislation to become law, 35 states, Washington, D.C., and numerous cities have already adopted similar requirements for state and local agencies and contractors. ^{jdsupra.com/legalnews/ban-the-box-laws-continue-to-proliferate-1627995/}

Ban-the-Box laws are designed to create a more equal playing field across all populations and decrease discrimination due to a criminal history question box on an employment application.

Across the country there are a variety of laws that can be subtly different from one another. HR Departments and Hiring Managers should continue to take note every time a new law is enacted, to ensure their hiring and vetting policies and practices are legal and lawful.

However, many of these laws, both federal and local, only apply to governmental agencies. The federal government continues to look at private industry.

Again, from JDSupra.com, from July 23, 2021:

Notably, House Democrats are already looking to follow suit with H.R. 1598 (the “Workforce Justice Act of 2021”). If passed, the federal government would withhold funds provided under the Edward Byrne Memorial Justice Assistance Grant (JAG) program from any state that refuses to extend ban-the-box legislation to private employers. More specifically, the Act would require states to prohibit private employers from (1) requiring a job applicant to disclose a criminal record, (2) asking about the criminal record of a job applicant prior to making a conditional offer of employment, and (3) conducting a criminal background check prior to making a conditional offer of employment. That legislation is currently being reviewed by the House subcommittee on Crime, Terrorism, and Homeland Security. ^ibid

One aspect has become crystal clear; that businesses and organizations should remain diligent with changes in law governing the use of public records, such as criminal history records, as a part of pre-employment background screening. As always, working with a professional pre-employment background screening agency remains the safest approach.

To read more about this subject read recent press release: Ban-the-Box Laws Continue to Appear Across the Country, Further Affecting Background Screening; Opines CriminalBackgroundRecords.com

Ban-the-Box legislation has been sweeping across the country removing the box that asks if an employment applicant has a criminal past. The hope of the movement is to give job applicants with a criminal background record a better chance of getting employed by not having to admit they have a criminal record right away at the first phase of the hiring process.

Most recently some cities and states have looked into the removal of the box in rental housing applications. Now, the movement to ban-the-box has taken root in colleges and universities across the country and several states have recently taken steps to ban-the-box.

In Virginia, Gov. Northam signed legislation removing the “box” on state college and university applications.

From www.progress-index.com on June 3, 2021:

… were happy to be in attendance to see Gov. Ralph S. Northam ceremoniously sign legislation that removes that box from most Virginia-based colleges and universities. The legislation, which takes effect Jan. 1., 2022, has a special carve-out for Virginia Military Institute and for post-graduate law school programs.

The legislation does not completely take away criminal background checks, but it does push them further down the selection and acceptance process. That improves applicants’ chances of making it past the first round and provides an avenue for them to explain in detail just what that history included. ^{progress-index.com/story/news/2021/06/03/virginia-governor-removes-criminal-record-checkbox-college-apps/7527473002/}

At Florida Atlantic University staff are encouraging administration to ban-the-box. However, the efforts do create a perception of conflict, safety versus admission with criminal history.

From Yahoo.com on May 28, 2021:

A group of faculty members at Florida Atlantic University want the university to stop asking students to disclose their criminal histories on their applications — part of a growing movement to urge large schools and employers to rethink their application process.

The initiative proposed for FAU pits two interests against each other: the desire to give applicants with criminal pasts a chance at higher education against concerns surrounding public safety on school campuses. ^{news.yahoo.com/fau-ban-box-quit-asking-110000169.html}

The university continues to review its position.

As Colleges, Universities and State Governments look deeper into banning the criminal history box on their applications the discussion on how to proceed and what will be best for each entity going forward will remain a hotly debated topic.

To read more about this subject read recent press release: Ban-the-Box on College Applications Remain in the News

For over 20 years Ban-the-Box legislation has been sweeping across the USA. However, over time these such laws need to be reviewed and must evolve in order to ensure they are achieving what they are meant for. This of course is to help previously incarcerated and/or those with a criminal background record have a better chance at getting employed. Not all ban-the-box laws are the same and not enough research has been done to prove that these laws help out those with criminal records at all.

As of this publication more than 35 states now have a form of Ban-the-Box legislation. And many cities and counties have acted as well. Every day there is potential for new ban-the-box legislation and hiring managers/HR departments should strive to stay current with all changes to law.

Form NELP.org (July 1, 2019)

Nationwide, 35 states and over 150 cities and counties have adopted what is widely known as “ban the box” so that employers consider a job candidate’s qualifications first—without the stigma of a conviction or arrest record. … these initiatives provide applicants a fair chance at employment by removing the conviction history question from job applications and delaying background checks until later in the hiring process. nelp.org/publication/ban-the-box-fair-chance-hiring-state-and-local-guide/

What many hiring managers and HR Departments may not realize is that Ban-the-Box laws have a tendency to change or evolve. Over time flaws or shortcomings can be discovered and changes need to be made to ensure the law is as effective as possible.

It is also incumbent on the government to conduct research on whether or not ban-the-box laws are actually helping previously incarcerated or those with a criminal background record get a better chance at getting employed. Without such statistics there will be no way to know if such laws are helping minorities and those with a criminal record, and some suggest it may actually be worse for such individuals. There would be no point for having these laws if they are making it worse for minorities and those with a criminal record to find gainful employment.

The use of public records, such as criminal history reports, is strictly regulated and fines and penalties for the misuse or inappropriate use of such records can be significant. Staying compliant with law is critical for all companies and organizations.

Laws governing pre-employment background screening change on a frequent basis and these changes can impact a business. Working with a well-qualified third-party pre-employment background screening agency, in order to remain current with existing and pending law, remains a best practice.

As the use of criminal reports in the hiring process is under scrutiny due to ban-ban-box legislation it is compulsory that employers follow such laws and in order to that employers need to be aware of these laws and when it is appropriate in the vetting process to conduct a criminal background check.

Read more about this subject read recent press release: Working with Background Screening Agencies Remains Best Practice as Ban-the-Box Laws Continue to Change & Evolve

It seems every month some jurisdiction, city or State is enacting or at least considering new Ban-the-Box legislation. Ban-the-Box is a legislative movement that governs when and if the question of criminal history can be asked of an individual applying for employment. Generally, an employment application will ask about criminal history and by checking the “box” the potential for discrimination against those that check the box is considered very high. Ban-the-Box laws are a method of decreasing discrimination and mandate the removal of the box. These laws also govern when the question of a criminal history can be discussed and, in some cases, whether it is a viable or legal question.

Over the last several years Ban-the-Box laws have spread across the country. A number cities, states, and businesses have implemented Ban-the-Box laws.

Most recently the city of St. Louis enacted their version of Ban-the-Box.

From JDSupra’s website on February 4, 2020:

The St. Louis Ban the Box Ordinance (the “Ordinance”) will restrict private employers in their ability to base hiring or promotion decisions on an applicant’s criminal history. Covered employers that violate the Ordinance could lose their business license and, thus, compliance in this jurisdiction is critical. Such restrictions are not new to the St. Louis area. Indeed, in 2014, St. Louis banned city offices from requiring job applicants to disclose felony convictions, unless the position required a criminal background check. And, in 2018, the St. Louis County Executive issued a similar executive order for county applicants. ^{jdsupra.com/legalnews/st-louis-missouri-enacts-ban-the-box-22753/}

Every time Ban-the-Box legislation is implemented hiring managers and HR Departments should make sure their application and pre-employment screening process and policy is fully compliant with law. A best practice remains to work with a well-qualified third-party pre-employment background screening agency.

To read more about this subject read recent press release: Ban the Box in the News!

Starting in 1998 in Hawaii ban-the-box legislation has been sweeping across the country. It is an attempt to level the playing field in the employment process in the USA by removing the box on job applications that ask about criminal history. It is an agenda to give ex-cons and those with a criminal background record a better chance to attain gainful employment.

As ban-the-box legislation continues to spread and evolve across the country new jurisdictions are joining in; most recently in Columbia, South Carolina and Waterloo, Iowa; and is under consideration in other municipalities, including a potential citywide ban in St. Louis. “Ban the box” is an attempt to create a fair playing field in employment by removing or “Banning” the question box asking about the criminal history of a job applicant.

Starting slowly in Hawaii in 1998 the ban-the-box movement in recent years has gained significant momentum.

From JS Supra’s website (Oct 22, 19):

Over the last several years, the “ban the box” movement has gained an impressive amount of momentum and support from lawmakers and activists across the nation. With an aim to provide job applicants a chance to obtain employment without the stigma of a conviction or arrest, “ban the box” laws require employers to consider an applicant’s qualifications before inquiring into or considering their criminal background record. While employers may still consider an applicant’s criminal record, they generally must wait until after the applicant’s initial interview or until they extend a conditional job offer, depending on the laws of the particular jurisdiction. ^{https://www.jdsupra.com/legalnews/many-states-and-municipalities-now-ban-22407/}

There is a new addition to the list:

Columbia, South Carolina recently passed and enacted a ban-the-box law that will affect all governmental agencies, but not private employers.

From JDSupra.com (Nov. 01, 19):

The ordinance applies to the City of Columbia, government contractors, any person regularly employing five or more persons, any person acting as an agent of an employer, directly or indirectly, or any person undertaking for compensation to procure employees or opportunities for employment. Employment means any occupation, vocation, job, or work for pay, including temporary or seasonal work, contracted work and work through the services of a temporary or other employment agency, or any form of vocational or educational training with or without pay.^{https://www.jdsupra.com/legalnews/update-columbia-south-carolina-enacts-72373/}

Changes that affect the public sector could eventually make it over to the private sector. Additional amendments to a law, especially Ban-the-Box laws add to the complexity, and further highlight the need for employers to work with a well-qualified third-party pre-employment background screening agency. Working with a professional employment screening agency is still a best practice for employers looking to remain compliant with all relevant laws.

To read more about this subject read recent press release: Ban-the-Box: News, Highlights, and Updates

The Holidays are fast approaching and companies are already starting to recruit extra help to deal with the huge increase in business. However, even though these new hires will only be temporary they still need to do due diligence and vet these new hires in the same way they would a full-time employee. Pre-employment background screening should apply the same way to seasonal hires as with full-time employees.

Even though part time help may be temporary they will still be representing the company they work for the same way as the full-time employees. Enacting consistent employment screening policies across all hires both temporary and full-time goes along way at mitigating risk and staying compliant with hiring laws.

Businesses hiring seasonal help should maintain pre-employment screening policies and continue the same vigorous vetting process one might conduct on a long-term or permanent employee.

With the push for quick hiring on employers shoulders they are starting to have job fairs and hiring events at their stores. And 2019 promises to be a big year for seasonal help.

From HRDive.com (Oct 9, 19):

The seasonal hiring push is on. Retailers, in particular, are competing for talent in customer service, warehouse roles, distribution and delivery — and in heightened numbers even from the year before. ^{hrdive.com/news/what-to-expect-from-the-2019-holiday-hiring-season/563953/}

And the momentum is increasing.

Recently, a USA Today article highlighted the manic requirement for temporary seasonal help.

From Target.com (Sep 10, 19):

On Tuesday, Target announced it would be hiring more than 130,000 seasonal workers and will host hiring events at every store. The events are Oct. 11-13 and Nov. 2-3 from 10 a.m. to 6 p.m. local time. There also are openings at distribution centers. ^{usatoday.com/story/money/careers/2019/09/10/seasonal-jobs-where-to-find-work-over-holidays/2271056001/}

Companies should be encouraged to continue with their vigorous pre-employment background screening practices, with temporary, seasonal hires, as a best practice. Risk mitigation remains a priority within hiring and the responsibility does not lessen with seasonal employees.

A thorough background screening should include a criminal background check (that includes a 50-State Sex Offender Registry check), an SSN Validation with Address History Trace and the necessary verifications such as previous employment and education background. Again, the key to compliance is consistency and that is why all new hires either seasonal or full-time should be vetted the same way.

To read more about this subject read recent press release found at: Holiday Hiring is in Full Effect; Maintain Pre-Employment Screening Policies

The ban-the-box movement continues across the country but not every State wants it.  Ban-the-box law passes in Colorado but is denied in Maryland.  The Colorado Chance to Compete Act will prohibit employers from asking about criminal history on the job application.  So job applicants will not have to reveal whether or not they have a criminal background record in the initial phase of the hiring process.  However the Governor of Maryland vetoed a similar ban-the-box bill making consistency regarding hiring practices and policies around the country very confusing.

With Ban-the-Box legislation being enacted in Colorado and vetoed in Maryland, the challenges faced by HR Departments and hiring managers is greatly highlighted.  In the age of Ban-the-Box legislation a best practice remains to work with a third-party background screening agency in order to remain current and compliant with law.

In May 2019 the governor of Colorado, Jared Polis signed and enacted a statewide Ban-the-Box law, affecting all private employers.

From JDSupra.com (May 31, 19):

On May 28, 2019, Colorado Governor Jared Polis signed the Colorado Chance to Compete Act (House Bill 19-1025), which will prohibit employers from asking about criminal history on an initial written or electronic application. Colorado employers should immediately assess whether they are covered by the new law and, if so, whether they need to update their employment applications and other pre-hire screening policies.  ^{jdsupra.com/legalnews/colorado-enacts-statewide-ban-the-box-72366/}

Whenever a law, such as HB 19-1025 in Colorado, goes into effect all employers, large and small, should review polices and job applications to ensure they are in full compliance with law.  While working with a third-party background screening agency should remain a best practice.

In Maryland efforts to enact Ban-the-Box legislation fell short.  After passing through both state houses the bill was vetoed by Governor Larry Hogan.

From the Washington Post (May 24, 19):

He also vetoed “ban the box” legislation that would have prevented many employers from inquiring about an applicant’s criminal history until after an initial job interview. In his veto letter, the governor said employers have the right to screen applicants’ criminal histories upfront. Advocates say the bill is crucial for former inmates who struggle to find jobs.  ^{washingtonpost.com/local/md-politics/hogan-vetoes-ban-the-box-legislation-bill-to-abolish-handgun-permit-review-board/2019/05/24/}

It is critically important for employers all across the country to review all new laws that affect the employment screening process.  Since ban-the-box laws are not consistent throughout the USA it is important for employers to find out any new laws that change how they can go about the hiring process; especially when and where you can perform criminal background checks during that process.

Because ban-the-box laws that have been passed are not identical it is important to know which of these laws effect how employers can vet their job candidates in their State or Jurisdiction.  Additionally because the State of Maryland prohibited this kind of law it will not affect employers in that State.  To help employers clear up the confusion it is recommended to work with a professional employment screening company; one that is familiar with the laws relevant to employment screening practices and policy in order to assist with compliance issues.

To read more about the new ban-the-box law in Colorado and why Maryland vetoed its ban-the-box bill and why inconsistencies in hiring policies around the country are so confusing for employers read recent CriminalBackgroundRecords.com press release: Ban-the-Box Enacted In Colorado; Vetoed in Maryland – On-going Change Affecting Hiring Managers

California legislators are looking to introduce AB1076, a new law that would automatically expunge or clear past criminal background records that were misdemeanors or certain non-violent felonies. The purpose behind this new law is to help ex-offenders have an easier time finding employment, getting higher education and finding a decent place to live. Under such law it should make it easier for these types of individuals to be reintroduced to society and minimize the possibility of recidivism.

This potential new law out of California if passed would automatically expunge or clear past criminal misdemeanor or low felony convictions as a means of easing entrance back into society.

Eliminating certain non-violent convictions will remove a criminal history and could allow for easier access to employment, education, and renting for formerly incarcerated individuals.

AB1076 would allow for the automatic expungement of many misdemeanors and certain non-violent felonies and, subsequently, ease reintroduction to society for those with this type of conviction.

From the San Francisco Chronicle website (Mar 07, 19):

People arrested or convicted of crimes in California could have their criminal records automatically cleared under a proposed law announced Thursday by San Francisco District Attorney George Gascón and Assemblyman Phil Ting.

AB1076 would wipe out eligible convictions for people who have completed local sentences and eliminate many arrest records that have not resulted in convictions. Offenders already are eligible to petition the courts for the relief, but less then {sic} 20 percent take advantage of the program… ^{sfchronicle.com/crime/article/San-Francisco-s-Gasc-n-Ting-propose-13671420.php}

A criminal history remains a significant challenge that prohibits or greatly impedes reintegration to society. Across the country a movement called “Ban-the-Box pushes to legislate the question of criminal history off applications. The action in California looks to be the next evolution in criminal justice reform within the USA. If the law passes it will allow individuals with certain kinds of criminal background records to clear their history which according to this new bill will make it so the individual’s criminal past never occurred at all.

To read more about this subject see the recent press release: Potential California Law May Affect Use of Criminal History Information

Across the USA over the last several years has seen the emergence of ban-the-box laws in an attempt to help the large portion of American’s with a criminal background record get a job.  Literally these laws ban an employment application from asking the question, “Do you have a criminal record”.  However, States and Jurisdictions are going beyond that and have started initiatives to help those with a criminal past clean the slate and even get their older criminal conviction records expunged and behind them forever.

With the rapid expansion of Ban-the-Box legislation and the subtle transition from banning the box about criminal background to greater Clean Slate and expungement policies, background screening may be poised for significant change in 2019.

Across the country laws and attitudes governing criminal background records, as used in pre-employment background screening and expungement, overall have changed.  Momentum has increased with further updates to the criminal justice system and, subsequently, reform continues.

From MiamiHerald.com (Jan 06, 19):

Prison reform advocates are asking lawmakers to pass legislation that would expunge the records of many convicts.

The “Clean Slate” legislation would eliminate the criminal records of people once they are released from prison and have stayed crime-free for a significant period of time.

Advocates suggest three years for misdemeanors and five years for non-violent felonies.  _{miamiherald.com/news/politics-government/national-politics/article223995375.html}

In Massachusetts a local District Attorney is looking to control the expungement of criminal records.

From PatriotLedger.com (Dec 13, 18):

Marijuana is now legal in Massachusetts, but a past conviction for possession is still part of a person’s criminal record.

Now it’s one of the crimes the state will allow people to put behind them forever and Norfolk County District Attorney Michael Morrissey is working with court and probation workers to help people clear their record.  _{patriotledger.com/news/20181213/norfolk-da-looks-to-get-handle-on-expunging-criminal-records}

Enlightening attitudes in Massachusetts regarding ex-offenders combined with the legalization of marijuana has pushed lawmakers to review criminal related policies.  The most powerful tool to assist ex-offenders achieve gainful employment is the act of expungement.  Once a criminal record is expunged it is no longer available to the general public and employers.  In Massachusetts it is seen as a means to clean up records with some misdemeanors and minor felonies. It is a tool designed to assist formerly convicted individuals reintegrate into society, and it is seen as a key tool to belay potential recidivism.

To help employers stay up-to-date and current with new and potential laws that effect employment screening it is wise to partner with a third-party background screening agency.  This strategy is key for employers to stay ahead of laws governing hiring practices and helps reduce the possibility of discrimination and ensures compliant policies.

To read more about this subject read the recent press release: ‘Clean Slate’ and ‘Expungement’ Legislation May Bring Change to Background Screening, Opines CriminalBackgroundRecords.com