What Does Ban the Box Mean and How Can It Help Me?

 Posted on January 27, 2025 in Criminal Defense

One of the biggest challenges facing those with criminal records who have served their time and want to move on comes when seeking employment. A person who meets all the requirements and qualifications for a job and has relevant experience and other skills that would make him a good fit can feel confident when applying until the dreaded question is asked: "Have you ever been convicted of a crime?" 

A steady job is crucial for people trying to reintegrate into society, but if you are judged before you get a chance to explain your situation and whether you have learned from it, it can seem nearly impossible to get hired. Fortunately, Illinois recognizes this difficulty and has enacted certain measures to give people a fairer shot at getting hired. If you have a criminal record and are facing hiring discrimination, speak with a skilled Illinois criminal defense attorney about making sure your rights are protected.

What is Ban the Box?

Otherwise known as the Job Opportunities for Qualified Applicants Act, Ban the Box is a policy aimed at encouraging fair employment opportunities regardless of criminal records. The goal of Ban the Box is to prevent job candidates from being overlooked for job opportunities before they have had a chance to represent their skills, experience, and potential and be evaluated for how well-suited they may be for a job. So how does it work?

In Illinois, it is illegal for public employers and private employers with over 15 employees to ask a job applicant about criminal history until a later stage in the hiring process. This can happen after a candidate has been considered based on his resume, application, and qualifications. 

How Does Ban the Box Impact Illinois Residents?

In addition to the financial stability that a job can provide, employment plays a major role in reducing the likelihood of recidivism or becoming a repeat offender. However, when a criminal record results in systemic barriers to employment, those individuals can feel as if they do not stand a chance because they are automatically disqualified before they have a real opportunity to present themselves. Ban the Box is geared toward removing these barriers by allowing employers to evaluate a job candidate and gain fair impressions before asking about a criminal history.

Ban the Box law benefits both job seekers and employers in the following ways:

• Job seekers are evaluated based on their merits first, which can open doors to people even if they made mistakes in the past but have made their amends and are working toward a better future. 

• Employers have the opportunity to hire talented people whose capabilities they might otherwise have missed out on the chance to benefit from.

Limitations of Ban the Box

Ban the Box policies reflect an important development in awareness of unfair hiring practices and can help protect job candidates and their ability to be evaluated based on their merits. However, they are not perfect solutions and have limitations.

While employers cannot ask applicants about their criminal history at the initial stage of an interview, they can conduct background checks later on. Many still choose to withdraw job offers based on criminal history discovered during this later stage. Additionally, the law does not apply to all employers and smaller businesses are not subject to these regulations.

Contact a Kane County, IL Criminal Defense Lawyer

Ban the Box is not perfect, but it marks an improvement in Illinois hiring practices. At The Law Office of Brian J. Mirandola, we are dedicated to helping our clients reintegrate into society and have a fresh start, and steady employment is a major factor in rebuilding their lives. If you are worried you will not be hired for a job because of your criminal history, speak with a knowledgeable Elgin, IL criminal defense attorney to understand your rights.