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Ex-Offenders Need Not Apply: The Criminal Background Check in Hiring Decisions

NCJ Number
208734
Journal
Journal of Contemporary Criminal Justice Volume: 21 Issue: 1 Dated: February 2005 Pages: 6-30
Author(s)
Patricia M. Harris; Kimberly S. Keller
Editor(s)
Chris Eskridge
Date Published
February 2005
Length
25 pages
Annotation
This article explores the nature, scope, and utility of laws designed to limit offenders’ access to employment.
Abstract
In the United States, many States have enacted various laws that make it difficult, if not impossible for ex-offenders to acquire employment. In addition, legislators have expanded the statutory authority of non-criminal justice agencies and groups to access criminal histories for purposes of employment screening and more. The result is that the principle means for reintegration, employment, is difficult to attain due to the legal barriers that exist. This article explores the nature, scope, and utility of these laws to limit offenders’ access to employment. At the center of the discussion are the competing interests of reintegration of ex-offenders and the prevention of workplace victimization. It describes State and Federal provisions governing the use of criminal background checks for job applicants; the reliability and validity of these provisions as measures for the control of workplace crime. The article provides various justifications for scaling back legal barriers to ex-offender employment and presents recommendations for employment screening measures that balance the goals of workplace risk reduction with offenders’ need for reintegration.