Unlocking Opportunity: The "Ban the Box" Movement and Fair Hiring for the Formerly Incarcerated

Introduction In a nation that champions second chances, millions of Americans are still being judged by a single checkbox: "Have you ever been convicted of a felony?" For formerly incarcerated individuals, this seemingly simple question is a major barrier to reintegration into society, especially in the job market. The "Ban the Box" movement aims to remove this obstacle by advocating for fair hiring practices that delay background checks until later in the employment process. This reform is more than just a policy change—it represents a shift in how we value human potential, redemption, and economic inclusivity.

The Issue: Employment Barriers for the Formerly Incarcerated Each year, over 600,000 individuals are released from state and federal prisons in the United States. Many return home ready to work, contribute, and rebuild their lives. However, the stigma of a criminal record often follows them into the job market, where an early question about past convictions frequently leads to immediate disqualification.

According to a study by the Prison Policy Initiative, the unemployment rate among formerly incarcerated people is over 27%—a rate higher than the national average during the Great Depression. This not only impacts individuals and families, but also communities and the economy at large. Denying qualified individuals the opportunity to work perpetuates cycles of poverty and increases the likelihood of recidivism.

The Origin of "Ban the Box" The "Ban the Box" campaign was born in the early 2000s, led by formerly incarcerated people and grassroots organizations seeking to remove unfair obstacles to employment. One of the first major pushes came from All of Us or None, a civil rights organization founded by formerly incarcerated individuals in California. Their goal was simple: to eliminate the checkbox asking about criminal history on initial job applications.

In 2007, Minneapolis became one of the first cities to adopt a Ban the Box ordinance for public employment. The movement quickly spread across states and municipalities. As of 2025, more than 38 states and 150 cities and counties have implemented Ban the Box laws in some form. Thirteen states—including California, New York, and New Jersey—have extended these laws to private employers.

In 2019, the federal government enacted the Fair Chance to Compete for Jobs Act, which prohibits most federal agencies and contractors from inquiring about criminal history before a conditional job offer is made.

What Ban the Box Laws Do (and Don’t Do) Ban the Box laws are not about eliminating background checks or giving preferential treatment. Instead, they are designed to postpone inquiries into an applicant's criminal history until after the employer has had a chance to assess qualifications, skills, and potential.

Here’s what Ban the Box laws accomplish:

• Remove criminal history questions from initial job applications.

• Delay background checks until after the first interview or conditional job offer.

• Encourage employers to assess candidates based on merit first.

  
  

However, these laws:

• Do not eliminate the employer’s ability to conduct background checks.

• Do not guarantee a job.

• Do not expunge or hide criminal records.

The Advocacy: Voices Behind the Reform Ban the Box advocacy is fueled by a broad coalition of justice reform groups, civil rights organizations, faith-based communities, formerly incarcerated individuals, and workforce development experts. Organizations like JustLeadershipUSA, the National Employment Law Project (NELP), and All of Us or None have played significant roles in pushing legislation and public education around the issue.

These advocates stress that removing the checkbox is not just about fairness, but also about public safety, economic development, and racial equity. The criminal justice system disproportionately affects communities of color, particularly Black and Latino men. By denying employment opportunities based on criminal history alone, we further entrench systemic inequalities.

In many cities, Ban the Box has been part of larger "Fair Chance Hiring" initiatives that include employer education, incentives for hiring returning citizens, and support programs for reentry. Advocacy often involves storytelling—elevating the voices of people who turned their lives around but struggled to find work due to a checkbox.

Why It Matters: Employment and Recidivism Employment is one of the strongest predictors of successful reintegration after incarceration. Research from the National Institute of Justice shows that individuals who find employment within the first year of release are significantly less likely to reoffend.

A RAND Corporation study found that participation in vocational training during incarceration reduces the chances of recidivism by more than 40%. These findings align with the goals of Ban the Box—ensuring that individuals trained and prepared to work can actually access employment opportunities.

Moreover, hiring formerly incarcerated individuals isn’t just the right thing to do—it’s good business. Studies show that these employees often display strong loyalty, lower turnover, and high performance when given the chance. Several major employers—including Target, Starbucks, and Koch Industries—have adopted Ban the Box hiring policies voluntarily.

Economic and Social Benefits Reducing barriers to employment for returning citizens doesn’t just benefit individuals—it strengthens communities. Gainfully employed individuals are less reliant on public assistance, contribute to tax revenues, and participate in local economies.

On a macroeconomic scale, the Center for Economic and Policy Research estimates that the U.S. economy loses $78 to $87 billion annually in GDP due to the underemployment of people with criminal records. Ban the Box reforms help tap into this underutilized labor pool, which is particularly crucial in sectors experiencing labor shortages.

Furthermore, allowing people to rebuild their lives through employment promotes public safety. Recidivism rates decline when individuals can support themselves and feel part of their communities. It also fosters a culture of redemption and inclusiveness—values that are essential in a just society.

Challenges and Criticisms Despite its merits, Ban the Box has faced criticism. Some employers express concern about liability or workplace safety. Others worry that delaying background checks merely shifts discrimination to later stages in the hiring process.

There have also been studies indicating that in some cases, when employers can't ask about criminal history, they may rely on stereotypes—leading to racial bias in hiring decisions. This highlights the need for Ban the Box to be part of broader reforms, including implicit bias training, fair chance hiring standards, and legal protections against discrimination.

Another challenge is enforcement. Not all employers comply with Ban the Box laws, and few jurisdictions have robust enforcement mechanisms. Advocates argue for clearer penalties and more public education to ensure meaningful implementation.

What You Can Do     

• Employers: Review your hiring practices. Consider removing the box, implementing fair chance policies, and partnering with reentry programs.

• Policymakers: Support legislation that promotes equitable hiring, funds reentry services, and enforces compliance.

• Community members: Support businesses that practice fair hiring. Advocate locally for Ban the Box ordinances if your area lacks one.

• Nonprofits and faith communities: Provide support, training, and job readiness services to those reentering society.

Conclusion The Ban the Box movement is about more than just changing applications—it’s about transforming lives. It challenges society to look beyond a person’s past and see their potential. With millions of Americans affected by incarceration, the stakes are high. Removing one small box can open countless doors.

Through fair hiring practices, we can break cycles of poverty, reduce recidivism, and foster stronger, safer, and more inclusive communities. In the words of many advocates, "We are more than our worst mistake." Ban the Box is a vital step toward ensuring that truth guides our policies and practices.