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Ban The Box and other second chance laws are common throughout the United States, and more are expected to go into effect in 2026.

Ban The Box Laws

More than half the states in America have active Ban the Box laws. Many more are in effect for cities, counties and industries. These bills are intended to help people with lower level criminal records find jobs and gain second chances. They are also meant to help employers enjoy larger pools of potentially qualified candidates.

Each Ban the Box law is unique, but many have common themes. For example, these bills typically specify that employers:

• May not include statements or questions regarding whether a person has criminal records on their job ads or applications.
• In some cases, these laws specify when an employer may run a background check, such as after extending a conditional offer.
• Certain laws also require employers to individually assess any convictions that are returned in a background report.

Potential Ban The Box Laws For 2026

Various states are reviewing proposals for new laws. A few examples include:

Kentucky

Legislators are considering a bill that would prohibit employees from looking into whether a candidate has criminal records until after the person has been approved for an interview. If no interview will be scheduled, then the timing is moved to after a conditional offer is extended.

New York

A proposed bill would extend the state’s existing requirements and specify that employers may only withdraw a conditional offer if a conviction is relevant to the position being sought.

Mississippi

If a potential bill passes, then public employers would only be entitled to run background checks after:

• A candidate signs a release.
• That person has otherwise been deemed eligible.
• A conditional offer has been extended.

Oklahoma

Should a proposed bill be signed into law, organizations in Oklahoma will be required to extend a conditional offer before asking candidates to authorize a background screening.

Takeaway For Employers

Organizations throughout the United States should be aware of any second chance laws that are in effect wherever they operate. New bills are introduced regularly, and many laws are passed each year.

Backgrounds Online does not provide any legal advice of any kind but is happy to offer educational resources to help raise awareness. Employers are responsible for following laws that are relevant to the hiring process. We recommend maintaining hiring policies that include details about compliance and, if possible, having them signed off by counsel.

Employment Background Checks

If you work with an organization that is bringing on employees, contractors or volunteers, please contact us. Our friendly, experienced team can help you customize screening packages that meet your business needs, comply with applicable laws and are in line with industry standards.

Backgrounds Online is a Professional Background Screening Association (PBSA) accredited CRA with more than 25 years of experience as a leader in the screening industry. Based in California, our service first team is available to assist you Monday through Friday from 5am to 6pm PT.