Ban the Box

by | Dec 1, 2022 | Helpful Tips

Thirty-five states, Colorado among them, have instated the “ban the box” legislation. In simple terms, private employers are prohibited from asking about an applicant’s criminal history on the initial application.  The intent is to allow all applicants to be considered without the pre-conceived notions that might otherwise arise if the interviewer is aware of the crime or conviction prior to the interview. 

So what does that mean in relation to background checks? Nothing really. If your organization runs regular background screens, you can continue to do so. If you’re ready to start running applicant checks, you can do so without consequence.

No, the employer can no longer ask the question prior to a potential interview but if the person passes the interview process and the next step prior to hire is a background screen, his or her history will still come to light. The big difference is simply that you’ll learn of the behavior or conviction further down the line.