Ban the Box

In cities around the country, executive authorities and municipal councils are encouraging fair employment practices in the private sector by modeling in public sector employment how employers should treat job applicants and employees with criminal records where no explicit legal restriction applies. 'Ban the Box' laws eliminate the criminal record question (the 'box' to be checked) from employment applications, including a background check only where it is relevant. In addition to reaching high quality applicants who might otherwise be missed, this approach reduces hiring delays caused by too many background checks encourages rehabilitation by giving individuals a reason to develop the skills needed to qualify for public employment, and models fair practices for private employers to implement. Click here to download a 'ban the box' overview.

These 'ban the box' policies have typically started with the removal of the criminal history question from city employment applications (the box that applicants must check indicating if they have a criminal record), but also include other key policy changes that allow for consideration of a criminal record in the context of other achievements and qualifications and the requirements of the job.

Comprehensive city hiring policies include:

Use of background checks only for certain jobs. The use of criminal background checks is restricted to positions where they are required by federal or state statute or where the city has deemed them necessary based on objective criteria. For example, cities identify categories of jobs that work with vulnerable populations, money, or sensitive information where a record should be considered.

Background checks later in the hiring process. In addition to removing the criminal record check 'box' from the basic job application form, new municipal policies use background checks (where they have been deemed necessary) later in the hiring process, on applicants who are otherwise fully qualified for the position. These two measures ensure that the city doesn't miss out on desirable employees, who might otherwise be discouraged from applying, and gives those individuals a fair chance to prove their qualifications. This approach also saves money and time by reducing the number of background checks that have to be performed on the applicant pool.

An opportunity to correct criminal history information and submit evidence of rehabilitation. City Human Resource Departments provide written notice to applicants regarding the results of background checks and an opportunity to discuss and contest the accuracy and relevance of their criminal records and submit evidence of rehabilitation to accompany any documents already in the city's possession.

Clearly enumerated mitigating factors to be considered when evaluating applicants with criminal histories. The most common of these factors are the seriousness of the crime, the relatedness of the crime to the duties of the position, the time elapsed since the crime's commission, and any evidence of rehabilitation. As an alternative to simple ban on anyone with a record, this reasoned approach allows for individualized consideration.