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Fair Criminal Record Screening Amendment Act of 2014 Now Enforceable

August 21, 2014

The Fair Criminal Record Screening Amendment Act of 2014 (also known as "Ban the Box") restricts when an employer is able to ask an applicant about his criminal history. 

The law is currently enforceable, and it is important that you are in full compliance. If your job applications still have a check box asking if the applicant has a criminal history, remove the box immediately. 

At no point can an employer inquire about an applicants' arrest history. An employer can only inquire about an applicants' criminal history or run a background check after a conditional offer has been made.


Following the extension of a conditional offer of employment, an employer may only withdraw the conditional offer to an applicant or take an adverse action against an applicant for a "legitimate business reason." The employer’s determination of a legitimate business reason must be reasonable in light of the following factors:

1.     The specific duties and responsibilities necessarily related to the employment sought or held by the person;

2.     The bearing, if any, of the criminal offense or offenses for which the person was previously convicted will have on his or her fitness or ability to perform one or more such duties or responsibilities;

3.     The time which has elapsed since the occurrence of the criminal offense or offenses;

4.     The age of the person at the time of the occurrence of the criminal offense;

5.     The frequency and seriousness of the criminal offense;

6.      Any information produced by the person, or produced on his behalf, in regard to his rehabilitation and good conduct since the occurrence of the criminal offense; and

7.     The public policy that it is beneficial generally for ex-offenders to obtain employment.

To read the full enrolled version of the bill click here.


If you have any questions regarding this issue, please do not hesitate to contact us

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