Statewide Laws

Your state may have other laws that protect the rights of people with criminal histories.

To find out about your state’s laws, select the state where you are seeking employment from the drop-down menu below:

Alabama – Statewide Laws

 

Ban the Box

Alabama does not have a statewide Ban the Box law. State employment applications will ask you about a criminal history. There is no state law about how government employers should consider criminal convictions. However, state policy does require government agencies to consider whether an applicant's conviction directly relates to the professional license that they are applying for.






 

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Alaska – Statewide Laws

Civil Rights: Alaska automatically restores some civil rights, such as your right to vote, to sit on a jury, and to hold public office, when you complete your sentence. The state requires an "unconditional discharge" or release from probation and parole to show sentence completion.

Alaska restores firearm rights 10 years after discharge, but if your offense was against a person, you lose firearm rights forever.

Ban the Box

Alaska does not have a statewide Ban the Box law. So state employment applications will ask you about your criminal record.

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Arkansas – Statewide Laws

Civil Rights: In Arkansas, you lose your right to vote if you are convicted of a felony. Once you complete your sentence including any term of probation or parole, your right to vote is automatically restored.

People with felony convictions that have not been pardoned cannot serve on a jury. People convicted of embezzlement of public money, bribery, forgery or “other infamous crime” are not eligible to be elected to the General Assembly or to hold any office of trust or profit in the state. Your right to hold these offices is not restored by a pardon, but is restored if your record is sealed.

People with felony convictions, including suspended sentences and probation, are prohibited from possessing or owning a firearm unless the conviction is dismissed and sealed, you are granted a pardon that specifically restores the ability to possess a firearm, or the governor accepts the chief law enforcement officer’s recommendation to restore the right to possess a firearm.

Ban the Box

There is no statewide Ban the Box law in effect, however; there is a county Ban the Box law.

 

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California – Statewide Laws

In California, employers cannot ask job seekers or employees about arrests that did not lead to conviction or convictions that have been sealed or expunged.

Ban the Box:

As of January 1, 2018, California’s ban the box law applies to every employer who has more than five employees, except for law enforcement agencies. Under the law, employers cannot ask job seekers about their criminal history until the employer has given the job seeker a conditional offer of employment. After the employer has given a conditional job offer, the employer can ask the job seeker about his or her criminal history and can run a background check.

If the employer wants to revoke the job offer after reviewing the applicant’s criminal history, the employer must:

  1. Consider the nature and age of any conviction and whether it is related to the job duties;
  2. Notify the job seeker in writing that the job offer is going to be revoked, give the job seeker a copy of the background check, and give the job seeker at least 5 days to respond;
  3. Review any response provided by the job seeker; and
  4. Provide a final notice in writing if the employer decides not to hire the job seeker.

If an employer violates the law, you may file a complaint with the Department of Fair Employment and Housing (DFEH).

There are four different ways to file a complaint with DFEH:

  1. File a complaint online at: California Department of Fair Employment and Housing
  2. Email the DFEH Intake Form to: contact.center@dfeh.ca.gov

    Use this DFEH Intake Form to submit to DFEH:

    DFEH Intake Form

    For the latest version of the DFEH Intake Form, click here: Department of Fair Employment and Housing Intake Form
  3. Mail the DFEH Intake Form above to:

    California Department of Fair Employment and Housing
    2218 Kausen Drive, Suite 100
    Elk Grove, CA 95758

  4. Visit your local DFEH office and file a complaint in person. You can find your local DFEH office here: California Department of Fair Employment and Housing Office Locations.
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Florida – Statewide Laws

A Florida state or local government agency cannot deny a license, permit, or a certification for employment to a person because he or she was convicted of a crime, unless the conviction was for a felony or first degree misdemeanor and the crime is directly related to the job. There are special rules, though, for drug convictions.

Florida law provides legal protection against future liability for employers who perform criminal record checks. Florida law presumes that an employer was not negligent in its hiring if the employer checks an applicant's criminal record and makes a reasonable decision to hire. Most employers will check your record.

Ban the Box

The State of Florida does not have a Ban the Box law.  State law allows employers to ask job applicants about felony or misdemeanor convictions and felony arrests that did not result in convictions. However, some Florida counties and cities have passed Ban the Box and Fair Chance laws. They have eliminated questions about a person's criminal record from job applications for most county and city government jobs.

 

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Idaho – Statewide Laws

Idaho automatically restores your civil rights when you complete your sentence, or upon final discharge. This means that your right to vote, to sit on a jury, and to hold public office are restored after you complete imprisonment, probation, and parole. Unlike most states, Idaho even restores your right to have a gun, unless your crime was a certain violent offense. If it was, then your right to own a gun can be restored only by expungement, set-aside, or a pardon, and you must wait five years after your final discharge to apply.

Idaho does not have a statewide Ban the Box law. So state employment applications will ask you about your criminal record.

Ban the Box

As of May 2020, Idaho did not have a Ban the Box law. Nor did any Idaho counties or cities have Ban the Box laws. The Idaho legislature was considering a new law that would prohibit criminal history information on applications for state jobs, but it had not yet been approved.

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Illinois – Statewide Laws

An employer cannot ask you on a job application whether you’ve been arrested.  An employer can ask only whether you have been convicted of a crime. If your entire criminal record has been sealed or expunged, you can legally answer “no” to a question whether you have been convicted of a crime.

If you have convictions that are not eligible for sealing or are subject to a waiting period, then you must disclose those to an employer.

Under Illinois law, an employer cannot discriminate against you in any way based on a sealed or expunged record. If this happens, contact the Illinois Department of Human Rights to file a complaint.

Illinois Department of Human Rights
Phone: Chicago office (312) 814-6200/ Springfield office (217) 785-5100.

Ban the Box:

Illinois, the City of Chicago, and other municipalities in Illinois have passed Ban the Box laws. This means that employers cannot ask on a job application if the person applying has ever been convicted of a crime. But these laws don’t apply in all cases.

In all of Illinois except Chicago, Ban the Box applies to employers with 15 or more employees and employment agencies. So small employers can ask about convictions on job applications. Employers may not inquire into an applicant's criminal record until the applicant has been selected for an interview by the employer or until after a conditional offer of employment is made to the applicant.  But in Chicago, the law applies to any size employer.

Ban the Box laws do not apply to jobs that require an Emergency Medical Services (EMS) license.

Ban the Box laws do not apply to any job that requires a fidelity bond. A fidelity bond is a form of insurance that protects an employer from losses caused by dishonest employees.

If you think an employer has considered your criminal record in violation of the law, you can file a complaint with the Illinois Department of Labor online. The form is called Ban the Box Complaint Form.

Use this Ban The Box Complaint Form to submit to the Illinois Department of Labor online:

Ban the Box Complaint Form

For the latest version, Please visit the Illinois Department of Labor website here: Illinois Department of Labor

Please print this form or complete using a computer. If you have trouble editing this form on your computer, try using the Chrome web browser.

For a violation of the City of Chicago Ban the Box law, you can file a complaint with the Chicago Commission on Human Relations. They recommend that you call them first. Call during regular business hours, and ask to speak to the intake staff person on duty for an employment complaint. The commission’s number is: (312) 744-4111.

For more information about filing a discrimination complaint, visit: City of Chicago.

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Iowa – Statewide Laws

In Iowa, people convicted of felony offenses and certain misdemeanors lose the right to vote or hold public office. You may apply to the Governor to restore your right to vote.

If you are convicted of a felony offense or certain misdemeanor domestic violence offenses, you lose the right to possess a firearm. You may apply for a Special Restoration of Citizenship five years after you complete your sentence to retain the right to possess a firearm.

Ban the Box

Iowa does not have a statewide Ban the Box law.

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Mississippi – Statewide Laws

Civil Rights: In Mississippi, you do not lose the right to vote for a misdemeanor conviction. You may lose the right to vote for certain convictions listed in the Mississippi Constitution as disqualifying. If you have lost the right to vote because of a conviction, it is only restored by a pardon or a two-thirds vote of the legislature.

If you are convicted of a felony offense, you lose the right to sit on a jury for five years. The right is restored five years after the conviction.

If you are convicted of a felony offense, the right to hold public office is only restored with a pardon.

If you are convicted of a felony offense, the right to possess a firearm is only restored with a pardon or a Certificate of Rehabilitation.

Ban the Box

Mississippi does not have a statewide Ban the Box law. Currently, Mississippi cities or counties have not implemented Ban the Box laws. State, city, and county job applications in Mississippi may ask you about your criminal record.














 

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Montana – Statewide Laws

Civil Rights: Montana automatically restores your civil rights when you complete your sentence. This includes your right to vote, to sit on a jury, and to hold public office. You do not lose your right to a firearm unless your conviction involved the use of a dangerous weapon. If it did, then you must ask the district court for a permit to purchase and possess a gun and show "good cause" why you need it.

Montana does not have a statewide Ban the Box law. So state employment applications will ask you about your criminal record.

Ban the Box

As of June 2020, Montana did not have a Ban the Box law. Montana counties or cities have not implemented Ban the Box laws. State, city, and county job applications in Montana may legally ask you about your criminal record on a job application.

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New York - Statewide Laws

New York State has laws to make sure you are not wrongfully discriminated against when seeking employment or licensure.

New York State Human Rights Law, N.Y. Exec Law Section 296(16):

This law makes it illegal for public and private employers to ask you about sealed convictions or to refuse to hire or promote you because of a sealed record.

New York State Correction Law Article 23-A:

This law requires that employers and agencies perform an 8-step analysis before denying you a job or license based on your criminal record. This law applies if you:

  • Submitted an application for an occupational license or job with any public or private employer;
  • Were previously convicted of one or more criminal offenses in New York or in any other jurisdiction; and
  • Were convicted of one or more offenses prior to getting the license or job.

If you have a conviction history and apply for a job or an occupational license, the employer or agency must take into account the following factors when considering you for the job or license:

  1. New York State encourages the employment of people with criminal histories;
  2. The job-specific duties and responsibilities you need for the position;
  3. The impact that your criminal record has on your fitness or ability to perform the duties or responsibilities of the job;
  4. The amount of time that has passed since you were convicted of a criminal offense or offenses;
    • The employer must take into account how long it’s been since your last contact with the criminal justice system.
  5. Your age when the offense was committed;
  6. The seriousness of the offense(s);
  7. Whether or not you can provide someone who is willing to speak on your behalf and vouch for your rehabilitation or good conduct. The information provided should help the employer to understand who you are as a person now, rather than when you committed the offense.
    • Examples of this include: education or training, reference letters from community members and/or clergy, or letters from previous employers both pre-/post-conviction(s);
  8. The employer has the right to protect their property, and they can consider the impact that your employment has on the general welfare and safety of others when hiring.

Even with this law, there are some convictions that will disqualify you from some jobs or licenses.

Certificates of Relief from Civil Disabilities and Certificates of Good Conduct are proof of positive change for potential employers and agencies when applying for jobs or licenses.
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North Carolina – Statewide Laws

North Carolina automatically restores your civil rights when you complete your sentence. This includes your right to vote, sit on a jury, and hold public office. However, this does not include the restoration of firearm rights.

Ban the Box

North Carolina does not have a statewide Ban the Box law. This means employment applications for jobs with the state will ask you about your criminal record. Some counties and cities in North Carolina have adopted their own versions of the Ban the Box law.

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Puerto Rico – Statewide Laws

Civil Rights: Puerto Rico automatically restores your civil rights when you complete your sentence. This includes your right to vote, to sit on a jury, and to hold public office, but it does not include the right to have a gun.

The Puerto Rico Constitution states that these civil rights are suspended during incarceration. However, the Governor of Puerto Rico and the Board of Parole have allowed all currently incarcerated individuals to vote since the early 1980's.

Ban the Box

Puerto Rico does not have a ban the box law. Both public and private employers may ask about criminal history on job applications.

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South Carolina – Statewide Laws

Ban the Box

South Carolina does not have a statewide Ban the Box law. State employment applications will ask you about your criminal record. Some counties and cities in South Carolina have adopted their own versions of the Ban the Box law.

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Texas – Statewide Laws

As of fall 2018, there are no statewide laws in Texas that protect people with criminal records from being asked about their criminal history on job applications.

There are Texas laws that protect you from false information on your criminal history record. If a governmental or private organization does not remove or correct information on a criminal record within a certain time after they are notified, they can be charged with a misdemeanor and fined.

Ban the Box

The state of Texas does not have a statewide Ban the Box law; however, some cities and counties have passed Ban the Box laws.

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West Virginia – Statewide Laws

Civil Rights: West Virginia automatically restores your right to vote and your right to hold public office when you complete your sentence, including parole.

If you were convicted of a state felony, you lose the right to serve in the West Virginia legislature forever.

As of May 2020, your right to sit on a jury is not restored automatically.

Your right to own a gun is restored only by a pardon.

Ban the Box

West Virginia does not have a statewide Ban the Box law. Currently, West Virginia cities or counties have not implemented Ban the Box laws. State, city, and county job applications in West Virginia may legally ask you about your criminal record on a job application.

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Wyoming – Statewide Laws

In Wyoming, you lose the right to vote, serve on a jury, or hold office if you are convicted of a felony. You may petition the governor for restoration of these rights once your term expires.

If you are convicted of not more than one non-violent felony on or after January 1, 2010, your right to vote will be automatically restored once you have completed your sentence. The department of corrections should automatically issue you a certificate of restoration of voting rights. If you were convicted prior to January 1, 2010, you will need to apply to the department of corrections for the restoration.

Ban the Box

Wyoming does not have a statewide Ban the Box law.

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