Does the Criminal Background Law Need Modifying

Experts Explore "Critical Policy Juncture" On Background Checks

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Studies in the journal Criminology & Public Policy found that state statutes
requiring employers to check criminal histories often lead to ex-felons being denied
employment. The research indicated that because discrimination against applicants
with criminal histories is common, ex-felons stand a better chance of being hired-and,
consequently, not committing new crimes-when such statutes are not in place.

Professors Michael A. Stoll of UCLA and Shawn D. Bushway of SUNY Albany,
found that state statutes mandating criminal record checks for job applicants
are the key contributor to the underhiring of ex-felons- not biased bosses
with a grudge against ex-cons. When such statutes are not in place, many employers
use the information to avoid negligent hiring lawsuits; others use only
information with a direct connection to the specific job.

Harvard's Richard Freeman suggested that more information about criminal histories

-not less-would alleviate part of the problem. He said that, in the absence of more

nuanced information about the nature of an applicant's criminal background,

employers will think the worst and discriminate more broadly against applicants

with prior convictions- even if they occurred in the distant past or for a trivial, unrelated

offense. Christopher Uggen of the University of Minnesota argues that we have reached

a "critical policy juncture" on the background check issue. Each writer calls for more

nuanced and sophisticated policies that will preserve public safety while striking

a better balance between the interests of employers and potential workers.

Those who want access to the full text should go to the Web site

the user name: reporter,

password :policy.

The journal is edited by Florida State University.