Criminal Record Questions in the Era of “Ban the Box”

Abstract

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

Criminal Records and College Admissions: A Modified Experimental Audit

“…Evaluations of recent "ban the box" (BTB) initiatives that restrict criminal history questions on employment applications has identified potential adverse effects on Black men without records (Agan and Starr, 2018;Vuolo et al, 2017). Our analysis may provide some reassurance that such adverse outcomes are less likely in the higher education context.…”

“…Research on the policy's impact, however, has raised troubling questions about potential statistical discrimination when "the box" is banned. In particular, such work suggests that BTB policies might exacerbate some forms of racial discrimination (Agan and Starr 2018;Doleac and Hansen 2016;Vuolo, Lageson, and Uggen, 2017). Agan and Starr (2018), for example, tested the interaction between felony record and race in correspondence audits conducted before and after BTB in New York City and New Jersey.…”

“…The implication is that the lack of direct criminal history information may have harmed Black male applicants without records as they had fewer opportunities to overcome employers' erroneous assumptions regarding their criminality (Agan and Starr, 2018;Phelps, 1972;Vuolo et al, 2017). Any BTB policy initiative should therefore seriously consider potential unintended consequences for those with and without criminal records, at least with respect to the employment context.…”

“…But these policies do often allow the employer to make those inquiries in later stages of the hiring process. The logic underlying such policies is that applicants with records will fare better if they are given some initial consideration and a "fair chance" to explain their criminal record during the interview phase The implication is that the lack of direct criminal history information may have harmed Black male applicants without records as they had fewer opportunities to overcome employers' erroneous assumptions regarding their criminality (Agan and Starr, 2018;Phelps, 1972;Vuolo et al, 2017). Any BTB policy initiative should therefore seriously consider potential unintended consequences for those with and without criminal records, at least with respect to the employment context.…”

Criminal Record Questions, Statistical Discrimination, and Equity in a “Ban the Box” Era

“…Despite widespread research and policy attention to this issue, we know little about criminal record questions on job applications. The article by Mike Vuolo, Sarah Lageson, and Christopher Uggen (, this issue) provides a rare look at the types of questions asked by employers at this first point of entry in the hiring process. Vuolo et al.…”