Run Ban-the-Box Fair Chance Screening Checklist — Free

Application and Job Posting Controls

Application form excludes criminal history questions critical (required)

No questions about arrests, convictions, sealed records, expunged records, or pending charges appear on the application form.

Yes No N/A

Job posting does not request criminal history information critical (required)

Job advertisements and recruiting pages do not ask applicants to disclose criminal history before a conditional offer.

Yes No N/A

Pre-screening scripts avoid prohibited criminal history questions critical (required)

Recruiter and hiring manager phone screens, email templates, and chat scripts do not ask about criminal history before the permitted stage.

Yes No N/A

Applicant instructions clearly state fair chance process

Candidate-facing materials explain that criminal history will be considered only after the appropriate stage under applicable law.

Yes No N/A

Note (optional)

Third-party recruiting tools are configured to suppress prohibited fields critical (required)

ATS, chatbot, assessment, and vendor intake forms are configured so criminal history fields are hidden or disabled until the lawful stage.

Yes No N/A

Conditional Offer and Background Check Timing

Conditional offer issued before background check authorization critical (required)

The workflow shows a bona fide conditional offer was extended before any criminal background check or criminal history inquiry was initiated.

Yes No N/A

Background check authorization collected at the lawful stage critical (required)

Authorization forms are presented only after the conditional offer and contain only the information necessary for the screening process.

Yes No N/A

Screening vendor instructions match fair chance timing rules critical (required)

Vendor order forms, workflow notes, and API settings prevent pre-offer criminal history searches or reports.

Yes No N/A

Role-specific legal timing requirements are documented

Any state, local, or industry-specific timing rules are documented for the role and location being reviewed.

Pre-adverse action steps are separated from initial screening critical (required)

Any adverse action process is triggered only after the post-offer screening stage and not during initial applicant review.

Yes No N/A

Individualized Assessment and Decision Review

Individualized assessment completed for each relevant record critical (required)

The file includes an individualized assessment considering the nature of the offense, time elapsed, and relationship to the job duties.

Yes No N/A

Candidate opportunity to explain or dispute record is documented critical (required)

The process allows the candidate to provide context, rehabilitation evidence, or corrections before a final decision is made.

Yes No N/A

Decision criteria are job-related and consistent with business necessity critical (required)

The file shows the decision was based on specific job duties, risk factors, and documented business necessity rather than a blanket exclusion.

Yes No N/A

Disqualifying factors are documented with objective evidence

Any disqualification is supported by objective, role-specific evidence and not by assumptions or stereotypes.

Review includes rehabilitation or mitigating information

The reviewer considered employment history, references, training, certifications, or other mitigating information where applicable.

Note (optional)

Adverse Action Notices and Candidate Rights

Pre-adverse action notice issued before final denial critical (required)

If criminal history may affect the decision, the candidate received a pre-adverse action notice before any final adverse action.

Yes No N/A

Copy of background report provided when required critical (required)

The candidate received the report or summary required by applicable law before final action was taken.

Yes No N/A

Candidate response window tracked critical (required)

The file documents the waiting period and any candidate response before the final decision.

Yes No N/A

Final adverse action notice is complete and timely critical (required)

If the decision remains negative, the final adverse action notice includes the required contact and dispute information.

Yes No N/A

Candidate communication is respectful and non-discriminatory

All communications avoid prohibited language and are consistent with fair chance hiring requirements.

Note (optional)

Records, Training, and Governance

Fair chance hiring policy is current and approved critical (required)

The policy reflects current legal requirements for the jurisdictions where hiring occurs and is formally approved.

Yes No N/A

Hiring managers and recruiters completed training critical (required)

Training covers prohibited inquiries, conditional offer timing, individualized assessment, and adverse action workflow.

Yes No N/A

Vendor oversight and contract terms support compliance

Background check vendors and staffing partners are contractually required to follow fair chance timing and notice rules.

Yes No N/A

Note (optional)

Records retained according to policy and legal requirements

Applications, notices, assessments, and decision records are retained for the required period and stored securely.

Exceptions and escalations are logged

Any exceptions, legal escalations, or AHJ guidance are documented with date, owner, and resolution.

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Run: Ban-the-Box Fair Chance Screening Checklist

Application and Job Posting Controls

Conditional Offer and Background Check Timing

Individualized Assessment and Decision Review

Adverse Action Notices and Candidate Rights

Records, Training, and Governance

Get your results