A Clearer Look at How States Handle Criminal Records in Professional Licensing
Navigating the world of employment and professional licensing with a criminal record can be a real challenge. Fortunately, many states have stepped up to create a fairer playing field. Here’s a more human-friendly breakdown of what you can expect across the country, from “ban the box” initiatives that delay questions about your past, to specific rules about what can and can’t be held against you.
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| State | Summary of Laws on Criminal Records |
|---|---|
| Federal | When it comes to federal jobs and contractors, the government has taken a “ban the box” approach, meaning they can’t ask about your criminal history until after they’ve made a conditional job offer. Moreover, the Equal Opportunity Employment Commission generally frowns upon discrimination based on criminal records unless there’s a solid business reason for it. |
| Alabama | Looking ahead to 2025, Alabama is set to roll out a new law for occupational licensing that will prevent consideration of certain convictions and will require a “direct relationship” between a crime and the job. As for general employment, there isn’t a broad “ban the box” law, but getting a “certificate of employability” can help your case. |
| Alaska | In Alaska, the landscape is a bit more open, as there are no general laws on the books to regulate how employers or licensing boards consider criminal records. However, if you’ve received a pardon, licensing agencies can’t hold that conviction against you, though they can still look at the underlying conduct. |
| Arizona | For public jobs in Arizona, a conviction can only be a deal-breaker if it’s reasonably related to the job. The state has also made significant strides in licensing, now prohibiting consideration of non-conviction records, minor offenses, and older felonies (generally more than three years). For most crimes, there’s a lookback period of three years. |
| Arkansas | When it comes to occupational licensing in Arkansas, the rules are quite protective. They can’t consider non-conviction records or most misdemeanors. While some offenses lead to a mandatory disqualification, for many, this only lasts for five years after your sentence is complete, as long as you have a clean record since. |
| California | California has a strong “ban the box” law, the Fair Employment and Housing Act (FEHA), which applies to both public and private employers with five or more employees. This means they can’t ask about your criminal history until after a conditional job offer. For licensing, a conviction must be “substantially related” to the job to be a factor. |
| Colorado | In Colorado, public employers have to wait until you’re a finalist or have a conditional offer before they can run a background check. Private employers with more than ten employees also have a “ban the box” rule for initial applications. For licensing, there’s a three-year lookback period for convictions, and they must be “directly related” to the license. |
| Connecticut | Connecticut has a “ban the box” policy for private employers, and state employers can only ask about your record after you’re “deemed qualified.” In both employment and licensing, they have to weigh the seriousness of the crime, how long ago it was, and any signs of rehabilitation. |
| Delaware | For public jobs in Delaware, questions about your criminal record are off-limits until a conditional offer is on the table. In the world of licensing, a board has to specifically identify an offense as “substantially related” to the profession to deny a license. There’s also a ten-year lookback for most convictions. |
| District of Columbia | In D.C., both public and private employers with more than ten employees have to wait for a conditional offer before asking about your past. They also can’t inquire about arrests that didn’t lead to a conviction. For licensing, a crime must be “directly related” to the occupation. For housing, there’s a seven-year lookback period for convictions. |
| Florida | Florida’s laws are less restrictive, with no “ban the box” provisions at the state level. In both public employment and licensing, a conviction can be used to disqualify you if it “directly relates” to the job. |
| Georgia | In Georgia, a conviction can’t be used to deny public employment or a license unless it “directly relates” to the job. There’s a presumption that more serious felonies are directly related. |
| Hawaii | Hawaii has a “ban the box” law for both public and private employers, so they can’t ask about your criminal history until after a conditional job offer. For licensing, a conviction can be considered, but it can’t be the only reason for denial unless the offense is “directly related” to the job. |
| Idaho | When it comes to licensing in Idaho, a conviction has to be “directly related” to the license and pose a “substantial risk” to public safety to be a disqualifier. However, there are no statewide “ban the box” laws for private employers. |
| Illinois | Illinois has a “ban the box” law for most employers, delaying questions about your criminal history until you’ve been chosen for an interview or have a conditional offer. For licensing, there’s a “substantial relationship” test, meaning the crime has to be directly related to the profession. |
| Indiana | Indiana has a “ban the box” law for most state and local agencies. In licensing, a conviction can only be a factor if it has a “direct bearing” on your ability to do the job competently. |
| Iowa | Iowa has a “ban the box” law for most public employers. For licensing, a conviction won’t automatically disqualify you unless it’s “directly related” to the profession. |
| Kansas | In Kansas, an executive order created a “ban the box” policy for most state agencies, but this doesn’t apply to private employers. For licensing, there’s a “direct relationship” test to see if the crime is related to the job. |
| Kentucky | Kentucky has a “ban the box” policy for most state agencies thanks to an executive order, but private employers are not covered. For licensing, a conviction can’t be the only reason for denial unless it “directly relates” to the job. |
| Louisiana | Louisiana has a “ban the box” law for some public sector jobs. In both employment and licensing, they have to consider if a conviction has a “direct and adverse relationship” with the job. |
| Maine | Maine has a “ban the box” law for both public and private employers. For licensing, they use a multi-factor test to see if a conviction “relates adversely” to the job. |
| Maryland | Maryland’s “ban the box” law covers employers with 15 or more employees and delays questions about your past until the first in-person interview. For licensing, a conviction must be “directly related” to the license. |
| Massachusetts | Massachusetts has a “ban the box” law for all employers. For licensing, a conviction has to be “substantially related” to the duties of the job to be a factor. |
| Michigan | Michigan has a “ban the box” law for public employers. For licensing, a conviction must be “directly related” to the occupation to be a disqualifier. |
| Minnesota | Minnesota’s “ban the box” law applies to all employers and delays questions about your past until you’ve been selected for an interview or have a conditional offer. For licensing, a conviction must be “directly related” to the job. |
| Mississippi | Mississippi doesn’t have a “ban the box” law. However, for licensing, a 2019 law says that a conviction is not an automatic bar unless it’s “directly related” to the occupation. |
| Missouri | Missouri has a “ban the box” policy for most state agencies, but not for private employers. For licensing, a conviction must be “directly related” to the profession. |
| Montana | Montana has a “ban the box” law for public employers. For licensing, a conviction can’t be the only reason for denial unless it “directly relates” to the occupation. |
| Nebraska | Nebraska has a “ban the box” law for public employers. For licensing, a conviction must have a “direct nexus” to the licensed occupation to be a factor. |
| Nevada | Nevada’s “ban the box” law applies to both public and private employers. For licensing, a conviction must be “directly related” to the duties and responsibilities of the occupation. |
| New Hampshire | New Hampshire does not have a “ban the box” law. However, for licensing, a 2018 law requires a “direct relationship” between the crime and the profession. |
| New Jersey | New Jersey’s “Opportunity to Compete Act” is a “ban the box” law for employers with 15 or more employees. For licensing, a conviction can’t be an automatic bar unless it’s “directly related” to the occupation. |
| New Mexico | New Mexico has a “ban the box” law for both public and private employers. In both employment and licensing, a conviction can only be a factor if it’s “directly related” to the job, and there’s a lookback period to ensure the crime is recent enough to be predictive of performance. |
| New York | New York has strong protections against discrimination based on criminal records for both employment and licensing. A “direct relationship” must exist between the crime and the job, or there must be an unreasonable risk. The state also has a “ban the box” policy for public employers, and New York City has an even broader one. |
| North Carolina | North Carolina doesn’t have a statewide “ban the box” law, but an executive order applies to state agencies. For licensing, a conviction must be “directly related” to the job or involve a violent or sex crime to be a disqualifier. |
| North Dakota | North Dakota does not have a “ban the box” law. For licensing, a conviction must have a “direct bearing” on your ability to serve the public to be a factor. |
| Ohio | Ohio doesn’t have a statewide “ban the box” law. For licensing, a 2019 law requires a “direct relationship” between the crime and the occupation for a conviction to be a disqualifier. |
| Oklahoma | Oklahoma has a “ban the box” policy for most state agencies, but not for private employers. For licensing, a 2019 law states that a conviction is not an automatic bar, and the board must consider if the offense “substantially relates” to the job. |
| Oregon | Oregon’s “ban the box” law applies to all employers. For licensing, a conviction must be “substantially related” to the qualifications, functions, and duties of the profession. |
| Pennsylvania | Pennsylvania does not have a statewide “ban the box” law. For licensing, a conviction must be “directly related” to the occupation to be a factor. |
| Puerto Rico | Puerto Rico has a “ban the box” law for both public and private employers. For licensing, a conviction can’t be the only reason for denial unless it’s “directly related” to the profession. |
| Rhode Island | Rhode Island’s “ban the box” law covers employers with four or more employees. For licensing, a conviction must be “substantially related” to the occupation to be a factor. |
| South Carolina | South Carolina doesn’t have a “ban the box” law. However, a 2023 law for licensing says a conviction is not a bar unless it “directly relates” to the occupation. |
| South Dakota | South Dakota doesn’t have a “ban the box” law. A 2024 law for licensing prohibits disqualification based on arrest records, sealed records, or convictions that don’t “directly relate” to the occupation. |
| Tennessee | Tennessee has a “ban the box” policy for public employers. For licensing, a conviction can’t be a reason for rejection if it doesn’t “directly relate” to the occupation. |
| Texas | Texas does not have a statewide “ban the box” law. For licensing, a conviction can only be a disqualifier if it’s a felony that “directly relates” to the job. |
| Utah | Utah has a “ban the box” law for public employers. For licensing, a conviction must be “substantially related” to the occupation to be a factor. |
| Vermont | Vermont’s “ban the box” law applies to all employers. For licensing, a conviction must “directly relate” to the occupation to be a factor. |
| Virginia | Virginia has a “ban the box” policy for most state agencies, but not for private employers. For licensing, a conviction must be a felony or a misdemeanor involving moral turpitude and “directly related” to the occupation to be a disqualifier. |
| Washington | Washington’s “Fair Chance Act” is a “ban the box” law for all employers. For licensing, a conviction must “directly relate” to the occupation to be a factor. |
| West Virginia | West Virginia has a “ban the box” law for public employers. For licensing, a conviction must have a “rational nexus” to the occupation to be a factor. |
| Wisconsin | Wisconsin’s “Fair Employment Act” provides protections against discrimination based on a conviction record unless it’s “substantially related” to the job. This applies to both public and private employers. For licensing, the same “substantially related” test is used. |
| Wyoming | Wyoming does not have a “ban the box” law. For licensing, a 2019 law requires a conviction to be “directly related” to the profession to be a basis for denial. |
Disclaimer: This content is for informational purposes only and does not constitute legal advice. Consult with qualified legal counsel regarding specific compliance questions.