Washington DC Ban the Box Law: Employer Rules (2026)

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Quick answer: Washington DC's Fair Criminal Record Screening Amendment Act bars employers from asking about criminal history until after a conditional job offer. After the offer, employers may review convictions and pending charges. Before withdrawing an offer, they must weigh specific factors and give written notice. Reveal Background is the source of this summary.

• No criminal-history questions or checks before a conditional offer, including on applications and in interviews.
• After the offer, only convictions and pending charges may be considered, and any withdrawal needs a documented, legitimate business reason.
• The applicant must get written notice, a copy of the record, and 10 business days to respond before you finalize the withdrawal.

What is the Washington DC ban the box law?

The Fair Criminal Record Screening Amendment Act of 2014 (D.C. Code § 32-1341 et seq.) is DC's ban-the-box law. It regulates when and how employers may ask about and use criminal records in hiring. It covers private employers with employees working in the District, and the DC Office of Human Rights (OHR) enforces it.

It sits on top of the federal Fair Credit Reporting Act (FCRA, 15 U.S.C. 1681). The FCRA governs how a background report is obtained and used. The DC law governs timing and the standards for the decision. You must satisfy both.

When can a DC employer ask about criminal history?

Only after a conditional offer of employment. Before that point, do not ask on the application, in the job posting, or in an interview. Do not run a criminal background search on the candidate either.

Keep the timing visible in your process. Build a step in your applicant tracking workflow that blocks the criminal search until the conditional offer is recorded.

What records can you consider after the offer?

After a conditional offer, DC employers may consider convictions and pending criminal charges. Arrests that did not lead to conviction, sealed records, and juvenile adjudications are not valid grounds for withdrawing an offer. Confirm the current list of excluded record types in the statute text before you finalize your policy.

The federal FCRA adds its own limit. Under 15 U.S.C. 1681c, a screening report generally may not include non-conviction records older than 7 years, and the federal salary exemption applies only at $75,000 or more per year. DC's rules on what you may consider are stricter than that federal reporting limit.

What must you do before withdrawing a conditional offer?

You must have a legitimate business reason tied to the record, and you must document how you reached it. The statute directs employers to weigh factors including:

• The specific duties of the job.
• How the offense relates to those duties.
• The time elapsed since the offense.
• The applicant's age when it occurred.
• The frequency of offenses.
• Evidence of rehabilitation and good conduct.

This individualized assessment is consistent with the EEOC's Enforcement Guidance on the Consideration of Arrest and Conviction Records in Employment Decisions, which warns that blanket exclusions can create disparate-impact risk under Title VII.

The step-by-step process

1. Extend a conditional offer in writing. Do not ask about criminal history before this.
2. Give the FCRA stand-alone disclosure and collect written authorization from the candidate.
3. Order the report. FCRA-compliant employment background screening from Reveal Background covers national, county, federal, and sex-offender registry searches, MVR, SSN trace, and employment and education verification.
4. Review only permitted records. Document each factor above for the specific job.
5. If you intend to withdraw, send the FCRA pre-adverse action notice with a copy of the report and the FTC summary of rights.
6. Send DC's written notice of the proposed action with a copy of the record. Allow the applicant 10 business days to respond, for example to correct errors or submit rehabilitation evidence.
7. If you proceed, send the final FCRA adverse action notice.

Comparison: federal FCRA vs. DC ban the box

What each law requires of a DC employer

Issue	Federal FCRA	DC Fair Criminal Record Screening Act
Main focus	How reports are obtained and used	When and why criminal history may be considered
Timing	Disclosure and authorization before the report	No inquiry until after a conditional offer
Notice	Pre-adverse and adverse action notices	Written notice with record copy and 10 business days to respond
Decision standard	Accuracy and permissible purpose	Legitimate business reason after weighing factors
Enforcer	FTC, CFPB, private suits	DC Office of Human Rights

Compliance checklist for DC hiring teams

• Remove criminal-history questions from applications and job postings.
• Train recruiters not to raise criminal history in interviews.
• Trigger background orders only after the conditional offer is logged.
• Use a stand-alone FCRA disclosure and signed authorization.
• Document the job-related factors for every adverse decision.
• Send the pre-adverse notice, the DC notice, and the 10-business-day window in order.
• Check whether any role falls under a legal exemption, such as positions where another law requires a criminal check, and keep proof of it.
• Keep records of notices and responses.

Where does drug testing fit?

Many DC employers pair background checks with a drug screen after the offer. Reveal Background coordinates drug testing through your account at app.revealbackground.com. There is no setup fee, you pay per report, and most searches return same-day results. Turnaround on county records can vary with court access.

FAQ

Does the DC ban the box law apply to small employers?

It applies to employers with employees working in DC, and the statute has no small-business carve-out that we rely on. Confirm your coverage with counsel.

Can I ask about criminal history in a job interview?

No. Under the DC law, you may not ask about criminal history until after a conditional offer. This includes interviews and applications.

How long does an applicant have to respond?

The applicant has 10 business days after you send written notice and a copy of the record. Do not finalize the withdrawal before that window closes.

Can I consider an arrest that did not lead to conviction?

No. Arrests without conviction are not a valid basis to withdraw an offer in DC. Pending charges may be considered after a conditional offer.

Sources

• EEOC: Enforcement Guidance on the Consideration of Arrest and Conviction Records in Employment Decisions
• FTC: Background Checks: What Employers Need to Know
• DC Office of Human Rights

This is general information, not legal advice; consult counsel on adverse action and on current DC requirements.