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Criminal Record Questions in the Era of “Ban the Box”
Author(s) -
Vuolo Mike,
Lageson Sarah,
Uggen Christopher
Publication year - 2017
Publication title -
criminology and public policy
Language(s) - English
Resource type - Journals
SCImago Journal Rank - 1.6
H-Index - 33
eISSN - 1745-9133
pISSN - 1538-6473
DOI - 10.1111/1745-9133.12250
Subject(s) - misdemeanor , criminal record , criminal justice , ask price , best practice , public defender , criminology , public relations , political science , psychology , business , law , finance
Research Summary This study examines three central questions about criminal record inquiries on job applications, which is a rapidly developing area in criminology and public policy. We find the following: (1) Among the 78% of employers who ask about records, specific application questions vary greatly regarding the severity and timing of offenses. (2) Applications for restaurant positions are least likely to inquire about criminal histories, whereas racially diverse workplaces and establishments in the most and least advantaged neighborhoods are more likely to ask. (3) The race gap in employer callbacks is reduced when applicants have the chance to signal not having a record by answering “no,” which is consistent with theories of statistical discrimination. Policy Implications We conclude with a call to develop standards and best practices regarding inquiries about juvenile offenses, low‐level misdemeanor and traffic offenses, and the applicable time span. The need for such standards is made more apparent by the unevenness of criminal record questions across employees, establishments, and neighborhoods. We also suggest best practices for Ban the Box implementation to help combat potential statistical discrimination against African American men without records. Have you been convicted of a felony using your current name or any other name? If you do not answer this question, your application will not be considered. —Job application for laborer position at waste management company