Tracker
Fair Chance Hiring by State 2026
When a background check is allowed to happen, what an employer must do before a conviction-based no, and who enforces it. Five of the six states we track regulate fair-chance hiring; Texas does not, though Austin’s contested ordinance is its own story. Select a state for the full breakdown and its primary sources.
Verified September 7, 2026
| State | State law? | The gate | Details |
|---|---|---|---|
| California | Yes, 5+ employees | Conditional offer before any inquiry | Details |
| Colorado | Yes, all employers | Ads and initial applications only | Details |
| Illinois | Yes, two statutes | Qualified and notified of interview, or offer | Details |
| New York | Yes, Article 23-A | Eight-factor test before any denial | Details |
| Washington | Yes, 15+ employees | Conditional offer before any check | Details |
| Texas | No state law | Austin ordinance contested | Details |
Washington’s figures were verified August 19, 2026; the other five states on September 7, 2026. New York City and Austin carry local rules of their own; the state pages cover them.
Whenever an employer in any state obtains a background check through a consumer reporting agency, the federal Fair Credit Reporting Act sets the baseline procedure. State fair-chance laws layer on top of it, never instead of it. Before any check through a consumer reporting agency: a standalone written disclosure and the applicant's written authorization (15 U.S.C. 1681b(b)). Each state page carries the full federal baseline.
Latest changes: Washington’s Fair Chance Act in 2026: What Changed for Background Checks on July 1, the full narrative guide to the strictest of the six.
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