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Ban-the-box in 2026: the state and city map employers need

Atlas Compliance TeamFeb 25, 20269 min read
A compliance analyst mapping ban-the-box regulations across multiple states and cities.

"Ban-the-box" laws delay when an employer may ask about or consider criminal history, typically prohibiting the checkbox on the initial application and pushing the inquiry to after an interview or a conditional offer. More than a dozen states and dozens of cities now have some form of these rules covering private employers.

The details vary more than the label suggests. Some jurisdictions only bar the application-stage question; others, like California's Fair Chance Act, require a full individualized assessment and a specific pre-adverse notice with a waiting period before you can rescind an offer over a record.

Multi-state employers face the hardest version of this problem, because the rule that applies is usually the one where the applicant will work, not where you are headquartered. A single national application form that asks about convictions can violate the law in several jurisdictions at once.

The maintainable approach is to strip criminal-history questions from applications everywhere, move the inquiry to post-offer, and layer the strictest applicable local process, individualized assessment plus fair-chance notices, on top. Treat this map as living: cities amend these ordinances almost every legislative session.