All over the country, towns, cities and even states have begun a move towards policies that "ban the box" and forbid employers from asking individuals about previous criminal convictions. It's a decent idea on the surface, but on analysis, it goes both too far and not far enough. If America wants to get serious about reintegrating the hundreds of thousands of people released from prison and jail each year, "ban the box" won't solve many problems.Nonetheless, the idea seems to be sweeping the country. Philadelphia already forbids employers from asking about previous criminal convictions and Baltimore seems likely to do the same. Under these laws, job applications can't include a "box" asking about criminal history although employers can do background checks later in the process.
And the policy has certain things to recommend it. Most criminals suffer ordinary human weaknesses -- greed, envy and rage -- that afflict almost everyone sometimes. Many have real mental health problems. Some may get trapped in drug or alcohol abuse, at least partly, for genetic reasons beyond their control. Giving second chances to people who have committed crimes, but completed their sentences is a good idea that can benefit employer and employee alike. In previous jobs, I've personally hired two people I knew to have criminal records.That said, I don't think that "ban the box" will accomplish much and, in some cases, it may make employers less likely to hire people with criminal records. Understanding a jobseekers' career accomplishments, history at work, and their relationships with previous co-workers is a key to any good job interview.
Such an interview will inevitably bring up any period of incarceration. Thus, an employer who finds out about a conviction that a jobseeker doesn't volunteer upfront is going to feel deceived and will find a reason not to hire. Since the laws don't forbid background checks altogether, they may actually encourage employers to perform them since they know they can't ask upfront.And the employers may have a good reason to do this. Unlike race, sex, national origin, sexual orientation, religion and other protected characteristics, having a criminal record obviously can have a significant bearing on someone's ability to do a job.