Recent Legislation Establishing Standards for Hiring People with Criminal Records

Purpose

Eliminates
disclosure of past
criminal convictions
on employment
applications

Background Check
Stipulations

Exempt
Employment
Categories

Time Limit On
Convictions that
Employers May
Consider

Employer reviews qualifications
of individual before history is
obtained.

Under exigent circumstances, an
Awarding Authority may grant a
waiver of practices and polices
relating to criminal history
inquiries on a contract by
contract basis.

(a) one year following release
from custody or supervision for
misdemeanor offenses
(b) two years following release
from custody or supervision for
felony offenses
(c) three years following
completion of a felony sentence
in prison as a result of having
been denied parole or having
violated parole.

Required
Considerations

(Ban the Box)
Effective
Boston
City Ordinance:
CBC Chp. IV:
4-7

Ensure that the City of Boston
and persons and businesses
supplying goods and services to
City of Boston deploy fair
policies relating to the
screening/ identification of
persons with criminal
backgrounds.

Yes

See CBC Chp. IV:
4-7.4 Waivers

Applies to: City of
Boston and City of
Boston Vendors

Chicago
Mayor’s
Office
Administrative Rule
Change

Relevance of crimes
Number of crimes
Age of crimes
Seriousness of crimes
Occurrences in life of
applicant since crimes

•

Passage of time since
conviction
Evidence of
rehabilitation
Balance the nature and
severity of the crime
with other factors

Mass. Regs. Code tit. 803,
§3.06

http://www.nelp.org/do
cUploads/BostonCORI
Ordinance%2Epdf

Effective

•
•
•
•
•

*
End blanket no hire policies in
Mayor’s office concerning
individuals with criminal
histories.

Yes

Yes

N/A

Pending

•
•

*Adopt internal guidelines for
the City of Chicago’s personnel
policies regarding criminal
background checks and advocate
for fair employment standards.

Applies to: Mayor’s
Office
http://egov.cityofchicag
o.org/city

*Not yet implemented, with
City of Chicago Legal
Department

1

Recent Legislation Establishing Standards for Hiring People with Criminal Records

Purpose

Eliminates
disclosure of past
criminal convictions
on employment
applications

Background Check
Stipulations

Time Limit On
Convictions that
Employers May
Consider

Exempt
Employment
Categories

Required
Considerations

(Ban the Box)
Effective
Indianapolis
and Marion
County
City County Council
City of IndianapolisMarion County,
Indiana
Proposal No. 97, 2006
Applies to: City,
County employers and
certain contractors who
work with the City and
County

1) Encourages the development
of a program for the
employment of previously
incarcerated persons, where
appropriate, by the Consolidated
City and County and certain
contractors with the
Consolidated City and County.

No

N/A

N/A

N/A

N/A

2) Calls for a general resolution
requiring the Department of
Administration and Equal
Opportunity to initiate a study
that leads to a hiring policy for
the Consolidated City and
County for the employment,
when appropriate job
opportunities arise, of Marion
County residents who have been
previously incarcerated.

Sponsors: Councilors
Sherron Franklin, Issac
Randolph, Dane
Mahern, and Vernon
Brown
http://www6.indygov.o
rg/council/proposals/20
06/PROP06-097.PDF

2

Recent Legislation Establishing Standards for Hiring People with Criminal Records

Purpose

Eliminates
disclosure of past
criminal convictions
on employment
applications

Background Check
Stipulations

Exempt
Employment
Categories

Only after a conditional offer is
made but before a medical test, if
one is required.

City positions requiring a
background check include but
are not limited to: all police, fire,
and water positions; any other
classification that works with
children; any other classification
that handles money directly or
has significant authority in
transferring city funds; and any
classification that drives for the
City.

Time Limit On
Convictions that
Employers May
Consider

Required
Considerations

(Ban the Box)
Effective
Minneapolis
Resolution of the City
of Minneapolis,
Minnesota

Direct the Human Resources
Department to develop and
adopt model hiring provisions to
ensure individuals with criminal
records are not unreasonably
denied employment with the
City of Minneapolis.

Yes.

15 years

•

•
•

Relationship of crime
to the purposes of
regulating public
employment sought
Nature and seriousness
of crime
Relationship of crime
to ability, capacity,
and fitness required for
job

Sponsors: Councilors
Elizabeth Glidden and
Don Samuels

http://www.ci.minneap
olis.mn.us/council/2006
meetings/20061222/Do
cs/FairHiringPractices
DRAFT_Resl.pdf

3

Recent Legislation Establishing Standards for Hiring People with Criminal Records

Purpose

Eliminates
disclosure of past
criminal convictions
on employment
applications

Background Check
Stipulations

Time Limit On
Convictions that
Employers May
Consider

Exempt
Employment
Categories

Required
Considerations

(Ban the Box)
Effective
San Francisco
City Resolution
No. 764-05
Applies to: City and
County of San
Francisco

Urge the Civil Service
Commission and Department of
Human Resources to review and
revise current policies and
procedures where appropriate so
that people who have been in
prison or convicted of criminal
activity are not unreasonably
denied city employment.

Yes

Comply with the stipulations
contained in the proposed
resolution, “Resolution City of
St. Paul, Minnesota,” including
removing the question of
criminal records from initial
employment application. The
Mayor is also authoring a letter
to the private sector urging
companies to follow the lead of
the City in hiring practices.

Yes

Past convictions considered only
after the applicant has been
identified as a serious candidate
for the position.

In its job announcements, the
City attempts to identify any
convictions that preclude
employment in a particular job.

N/A

•
•
•

Relationship of crime
to job
Evidence of
rehabilitation
Severity of crime

http://www.sfgov.org/si
te/uploadedfiles/bdsupv
rs/resolutions05/r076405.pdf

Effective
St. Paul
Mayoral Directive to
the City of St. Paul’s
Human Resources
Department
Applies to: City
Employers

A background check will not be
conducted on an applicant not
otherwise qualified for the
position.

Positions include, but are not
limited to: all police, fire and
water positions; any other
classification that works with
children; any other classification
that handles money directly or
has significant authority in
transferring city funds; and any
classification that drives for the
City.

15 years

•

•
•

•

Relationship of crime
to the purposes of
regulating public
employment sought
Nature and seriousness
of crime
Relationship of crime
to ability, capacity,
and fitness required for
job
Sufficient evidence of
rehabilitation

Sponsors: City of St.
Paul, Mayor’s Office
http://www.nelp.org/do
cUploads/St%2EPaulP
olicy%2DMemo%2Epd
f

4

Recent Legislation Establishing Standards for Hiring People with Criminal Records

Purpose

Eliminates
disclosure of past
criminal convictions
on employment
applications

Background Check
Stipulations

Exempt
Employment
Categories

Employers may inquire only
after a conditional offer has been
made.

Does not apply to employers
who are expressly permitted to
inquire into an individual’s
criminal history for employment
purposes pursuant to any federal
or state law.

Time Limit On
Convictions that
Employers May
Consider

Required
Considerations

(Ban the Box)
Effective

Establish guidelines for
employers regarding inquiries
into conviction records.

Yes

Hawaii
Hawaii Revised
Statute:
§ 378-2.5

Most recent 10-year period
excluding any years of
incarceration.

•

•

See Statute § 378-2.5 Section (d)
1-17

Convictions can be
considered insofar as
they rationally relate to
employment
Offer may be
withdrawn if
conviction bears direct
relationship to position

Applies to: All public
and private employers
except the federal
government
http://www.hawaii.gov/
hcrc/HRS378.html

Effective
Illinois
House Joint
Resolution 107

Establishes a legislative task
force on employment of persons
with past criminal convictions.
Provide recommended
legislation to aid people with
criminal records obtain
employment without increasing
risk to other persons or property.

No

N/A

N/A

N/A

N/A

Applies to: Public and
Private Employers

http://www.ilga.gov/leg
islation/fulltext.asp?Do
cName=&SessionId=5
1&GA=95&DocTypeI
d=HJR&DocNum=8&
GAID=9&LegID=2715
9&SpecSess=&Session
=

5

Recent Legislation Establishing Standards for Hiring People with Criminal Records

Purpose

Eliminates
disclosure of past
criminal convictions
on employment
applications

Background Check
Stipulations

Time Limit On
Convictions that
Employers May
Consider

Exempt
Employment
Categories

Required
Considerations

(Ban the Box)
Effective
Illinois

Provides a tax credit to
employers that hire qualified
individuals, (veterans and people
with criminal records).

No

N/A

Individuals convicted of violent
crimes, criminal sexual offenses,
and Class X felons.

N/A

Set standards prohibiting
employment discrimination
based on conviction record.

No

N/A

N/A

N/A

Public Act 094-1067
(SB 1279)
Applies to: Public and
private employers

Effective
Kansas
Statutes Annotated
§22-4710
Applies to: Public and
private employers

•
•

Direct relationship
between job and
criminal history
Reasonable bearing of
the criminal history on
the applicant’s
trustworthiness or the
safety of customers
and employers

http://www.lac.org/tool
kits/standards/Kansas%
20Employment%20Dis
crimination%20Statute.
pdf

6

Recent Legislation Establishing Standards for Hiring People with Criminal Records

Purpose

Eliminates
disclosure of past
criminal convictions
on employment
applications

Background Check
Stipulations

Exempt
Employment
Categories

Time Limit On
Convictions that
Employers May
Consider

Required
Considerations

(Ban the Box)
Effective
Minnesota
Minnesota Statutes
Chapter 364
Applies to: State
employers
http://ros.leg.mn/bin/ge
tpub.php?pubtype=ST
AT_CHAP&year=2006
&section=364#stat.364.
03.0html

Encourage and contribute to the
rehabilitation of criminal
offenders and to assist them in
the resumption of the
responsibilities of citizenship.

No

N/A

Exceptions include law
enforcement, school district
employment, juvenile
corrections, fire protection,
private detectives, emergency
medical services personnel,
commercial drivers, school bus
drivers, and those individuals
seeking licenses to practice
medicine.

15 years

•
•

•

Nature and seriousness
of crime
Relationship of crime
to ability, capacity,
and fitness required for
job
Competent evidence of
sufficient
rehabilitation to
perform duties of
public employment

http://www.revisor.leg.state.mn.
us/stats/364/09.html

7

Recent Legislation Establishing Standards for Hiring People with Criminal Records

Purpose

Eliminates
disclosure of past
criminal convictions
on employment
applications

Background Check
Stipulations

Time Limit On
Convictions that
Employers May
Consider

Exempt
Employment
Categories

Required
Considerations

(Ban the Box)
Effective
New York
State
New York Correction
Law
Article 23-A
Sections 750--755
Licensure and
Employment of
Persons Previously
Convicted of One or
More Criminal
Offenses
Applies to: Public
agencies and private
employers
http://public.leginfo.stat
e.ny.us/menugetf.cgi?C
OMMONQUERY=LA
WS

Prohibits denial of employment
or licensure by reason of a
finding that applicant has been
previously convicted of one or
more criminal offenses, or by
reason of a finding of lack of
“good moral character” when
such finding is based upon the
fact that the applicant has
previously been convicted of
one or more criminal offenses.

No

N/A

Except where a mandatory
forfeiture, disability or bar to
employment is imposed by law,
and has not been removed by
an executive pardon, certificate
of relief from disabilities or
certificate of good conduct

N/A

•

•

•

•

•
•

•

The specific duties and
responsibilities
necessarily related to
the license or
employment sought.
The bearing, if any,
the criminal offense(s)
will have on his fitness
or ability to perform
one or more such duties
or responsibilities.
The time which has
elapsed since the
occurrence of the
criminal offense or
offenses.
The age of the person
at the time of
occurrence of the
criminal offense(s).
The seriousness of the
offense or offenses.
Any information
produced by the
person, or produced on
his behalf, in regard to
his rehabilitation and
good conduct.
The legitimate interest
of the public agency or
private employer in
protecting property,
and the safety and
welfare of specific
individuals or the
general public.

8

Recent Legislation Establishing Standards for Hiring People with Criminal Records

Purpose

Eliminates
disclosure of past
criminal convictions
on employment
applications

Background Check
Stipulations

Time Limit On
Convictions that
Employers May
Consider

Exempt
Employment
Categories

Required
Considerations

(Ban the Box)
Effective
Wisconsin
Wisconsin Fair
Employment Law
Applies to: All
employers
http://nxt.legis.state.wi.
us/nxt/gateway.dll?f=te
mplates&fn=default.ht
m&vid=WI:Default&d
=stats&jd=111.31

It is the intent of the legislature
to protect by law the rights of all
individuals to obtain gainful
employment and to enjoy
privileges free from employment
discrimination because of age,
race, creed, color, disability,
marital status, sex, national
origin, ancestry, sexual
orientation, arrest record,
conviction record, membership
in the national guard, state
defense force or any other
reserve component of the
military forces of the United
States or this state or use or
nonuse of lawful products off
the employer's premises during
nonworking hours, and to
encourage the full,
nondiscriminatory utilization of
the productive resources of the
state to the benefit of the state,
the family and all the people of
the state.

No

N/A

N/A

N/A

•

Employers can only
consider convictions
insofar as they
substantially relate to
the particular nature of
the employment or
affect an applicant’s
bondability.

9

Recent Legislation Establishing Standards for Hiring People with Criminal Records

Purpose

Eliminates
disclosure of past
criminal convictions
on employment
applications

Background Check
Stipulations

Time Limit On
Convictions that
Employers May
Consider

Exempt
Employment
Categories

Required
Considerations

(Ban the Box)
Proposed
Alameda
County
(California)
Resolution of the
Board of Supervisors
of Alameda County
Resolution No. 2006389

Urges the Civil Service
Commission and the Department
of Human Resource Services to
review and revise current
policies and procedures, where
appropriate, so that individuals
in our society who have
previously been incarcerated or
convicted of criminal
convictions are not unreasonably
denied or prohibited from
equally competing for County
employment.

Yes

N/A

N/A

N/A

Evidence of rehabilitation

Urges city agencies to evaluate
their hiring policies in regards to
ex-offenders in order to promote
ex-offender employment and
safety in the city of Baltimore
and to promote the employment
of ex-offenders in municipal
jobs.

No

Background check is not done
until after hiring. Personal
information, i.e. social security
and/or fingerprinting cannot be
asked for until hiring is
complete.

Police Officer. Steering
Committee is urging each city
department and agency to review
exempt categories.

Depends on agency and
sensitivity of the position
sought.

N/A

Applies to: Alameda
County employers
http://www.nelp.org/do
cUploads/AlamedaRes
olution%2Epdf

Proposed
Baltimore
Baltimore City’s Reentry and Reintegration Steering
Committee
http://www.oedworks.c
om/exoffender.htm
(see minutes)

10

Recent Legislation Establishing Standards for Hiring People with Criminal Records

Purpose

Eliminates
disclosure of past
criminal convictions
on employment
applications

Background Check
Stipulations

Time Limit On
Convictions that
Employers May
Consider

Exempt
Employment
Categories

Required
Considerations

(Ban the Box)
Proposed
Cambridge,
Massachusetts
City Council Policy
Order Resolutions
0-14
0-35
<http://www.cambridge
ma.gov/cityClerk/Search
Results.cfm?searchType
=keyword&newSearch=
1&keyword=CORI&dat
e_lo=4%2F24%2F2006
&date_hi=&search3=Sea
rch>
Resolutions: 0-14 & 0-35

City Manager and Mayor
initiative to create a safety
taskforce to analyze the impact
of city hiring practices.

No

N/A

N/A

N/A

N/A

City Council support of a
discussion pertaining to a
referendum to make much
needed changes to law in
the area of granting pardons to
ex-offenders who cannot now
find employment due to
unintended consequences of the
present law.

11

Recent Legislation Establishing Standards for Hiring People with Criminal Records

Purpose

Eliminates
disclosure of past
criminal convictions
on employment
applications

Background Check
Stipulations

Time Limit On
Convictions that
Employers May
Consider

Exempt
Employment
Categories

Required
Considerations

(Ban the Box)
Proposed
Chicago
Resolution to
Memorialize the Illinois
General Assembly and
the United States
Congress to Include the
Previously Incarcerated
(Ex-offenders) as Party
to the Civil Rights Act
of 1964

Urge the City of Chicago to
work with the Illinois General
Assembly and the United States
Congress to craft and adopt
standards for public and private
employers to guide the
consideration of qualified
candidates with criminal
histories for employment.

Yes

N/A

Law Enforcement or areas in
which predatory sex offenders
could do harm

N/A

•
•
•
•

Length of time since
conviction/
incarceration
Rehabilitation
Offense category
Education and
employment
experience

Applies to: Public and
private employers
Sponsored By: Ed H.
Smith, Alderman-28th
Ward

12

Recent Legislation Establishing Standards for Hiring People with Criminal Records

Purpose

Eliminates
disclosure of past
criminal convictions
on employment
applications

Background Check
Stipulations

Time Limit On
Convictions that
Employers May
Consider

Exempt
Employment
Categories

Required
Considerations

(Ban the Box)
Proposed
Indianapolis
City County Council
City of IndianapolisMarion County, Indiana
Proposal No. 427,
2006
Applies to: Vendors
who do business with
the City and County
Sponsors: Councilors
Sherron Franklin and
Isaac Randolph

Amends the Revised Code of the
Consolidated City and County
by amending Chapter 581,
Human Relations, Equal
Opportunity by adding section
(b).

No

N/A

N/A

N/A

N/A

Calls for the amendment of
present City and County
contracting procedures with
outside vendors, in order to
provide previously incarcerated
individuals an opportunity to
work in their community.

http://www.indygov.org
/NR/rdonlyres/e6aegj2c
cbjfiea5twx23hhnjxqvd
yudumsou2qclqjp4yrmv
4ifdwqgqvyjqti3edowf2
qgs3nlivfd6yz3okcsmgg
/Prop427.pdf

13

Recent Legislation Establishing Standards for Hiring People with Criminal Records

Purpose

Eliminates
disclosure of past
criminal convictions
on employment
applications

Background Check
Stipulations

Exempt
Employment
Categories

Time Limit On
Convictions that
Employers May
Consider

Required
Considerations

(Ban the Box)
Proposed
Los Angeles
County
&
Los Angeles
City Council
Request for Criminal
Conviction History on
Employment
Applications
Department of Human
Resources

1) Conduct a comprehensive
analysis to determine to what
extent departments are
inappropriately disqualifying
applicants due to prior
convictions.
2) Examine the feasibility of
implementing an application
process which does not deter
qualified and rehabilitated
individuals from applying for
employment.
3) Develop recommendations to
improve training of human
resources personnel in order to
eliminate any unfair
discrimination against qualified
and rehabilitated applicants.

No

•
•
•
•

15 Departments: during
final selection process
17 Departments: after job
offer
4 Departments: at time of
new hire orientation
3 Departments: after initial
selection interview

Any applicant for County
employment who has been
convicted of workers’
compensation fraud is barred
from employment with the
County of Los Angeles. (Ord.
2004-0044 § 1, 2004.)
Departments: Beaches and
Harbors, Children & Family
Services, Community
Development Commission,
County Counsel, Museum of
Art, Museum of Natural History,
Ombudsman, and Parks &
Recreation

10 years. No time limit on
sexual offenses or for registered
sex offenders. Specific serious
felony convictions over 10 years
old will also be reported.

•
•
•
•

Age of applicant at
time of offense
Recency of offense
Relationship between
the offense and
position
Evidence of
rehabilitation

Applies to: Los Angeles
County Departments
http://dhr.lacounty.info/
cms1_049433.pdf
http://www.nelp.org/doc
Uploads/L%2EA%2EPe
rry%2DResolution%2E
pdf

14

Recent Legislation Establishing Standards for Hiring People with Criminal Records

Purpose

Eliminates
disclosure of past
criminal convictions
on employment
applications

Background Check
Stipulations

Time Limit On
Convictions that
Employers May
Consider

Exempt
Employment
Categories

Required
Considerations

(Ban the Box)
Proposed
Newark, NJ
City of Newark 100 Day
Plan

The Mayor and the City Council
will reduce legal restrictions in
municipal hiring and contracting
for residents with criminal
records, where appropriate.

No

Performance of a background
check only after an individual is
determined to be otherwise
qualified for a position for which
certain kinds of convictions are
deemed relevant

N/A

N/A

Individualized
consideration, with the
opportunity to provide
evidence of rehabilitation
and to contest accuracy of
information contained in
the background check

Applies to: City
employers and
contractors who do
businesses with the City
http://www.ci.newark.nj
.us/100DayPlan/100Day_Plan.pdf

15

Recent Legislation Establishing Standards for Hiring People with Criminal Records

Purpose

Eliminates
disclosure of past
criminal convictions
on employment
applications

Background Check
Stipulations

Time Limit On
Convictions that
Employers May
Consider

Exempt
Employment
Categories

Required
Considerations

(Ban the Box)
Proposed
Philadelphia
Bill No. 060578
Applies to: City
agencies, all private
companies that do
business with the City,
and private employers
who employ more than
10 people
Sponsor:
Council Member Donna
Reed Miller
http://webapps.phila.gov
/council/attachments/21
44.pdf

Amends Title 9 of the
Philadelphia Code, entitled
“Regulation of Businesses,
Trades, and Professions,” by
enacting a new Chapter 9-3000
entitled “Fair Criminal Record
Screening Standards,” to
establish provisions and
requirements for the screening of
criminal records by certain
employers within the City of
Philadelphia, all under terms and
conditions

Yes

•

•

•

No City or County agency
or private employer shall
conduct a criminal
background check unless it
is required by law or the
employer has determined
the position to be of such
sensitivity that a criminal
background check is
warranted.
The criminal background
check shall be conducted
through the Pennsylvania
State Police only.
Prior to conducting a
criminal background check
on an applicant, a City or
County agency or private
employer must first review
the qualifications of the
applicant and determine if
the applicant is otherwise
qualified for the position.

N/A

N/A

•

•

•
•

•
•

Specific duties and
responsibilities
necessarily related to
license or
employment sought
The bearing the
criminal offense(s)
will have on his
fitness or ability to
perform duties and
responsibilities
The time elapsed
since the offense(s)
The age of person at
the time of
occurrence of
offense(s)
The seriousness of
the offense(s)
Any information
produced by the
person, or produced
on his behalf, in
regard to his
rehabilitation and
good conduct.

16