Ban the Box” and Pre-Employment Criminal Records Checks – An In-Depth Look

Representative Hansen Clarke has proposed HR 6220, to prohibit an employer from inquiring whether an applicant for employment has been convicted of a criminal offense, except in certain circumstances. Referred to as the “Ban the Box Act”, this bill is of similar intent to “Second Chance” legislation previously offered by lawmakers in recent years. ISPLA has reviewed this 13-page bill which seeks to eliminate questions on job applications regarding whether an applicant might have a criminal conviction record and to only allow a criminal a criminal background check to be undertaken after a conditional offer of employment has been made to the applicant contingent on such records check being clear. It is the bill sponsor’s position that those who have served their time and paid their debt to society are worthy of consideration for employment for jobs in which the public would not be harmed by their presence or work.

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