Barred from Work: The Discriminatory Impacts of Criminal Background Checks in Employment

By  Rachel M. Kleinman and Sandhya Kajeepeta

In the United States, any arrest or conviction may come with a life sentence. While this sentence may not be served in prison, it is served in exile from the rights and opportunities afforded to other individuals, including the opportunity to be employed. And, due to the racially discriminatory underpinnings of our criminal legal system, those sentenced to a life of collateral consequences are disproportionately Black. Facing barriers to entering the workforce is but one of many collateral consequences of this country’s system of incarceration, all of which work in tandem to rob Black people of fair opportunity and full citizenship. Formerly incarcerated people and their families are forced into a “second-class citizenship” where they face lifelong racial stigmatization and legalized discrimination. These second-class citizens face barriers to voting and full participation in our electoral system. They are also often excluded from access to public benefits, housing, and credit, including student loans, and may be barred from adopting a child or running for public office. This second-class citizenship is strikingly evident in the employment space, where people with records are stigmatized, legally excluded from multiple professions due to state and local licensing schemes, and excluded from hiring opportunities by both public and private employers because of overly broad policies banning applicants with criminal records.

New York: NAACP Legal Defense Fund and Educational Fund, Thurgood Marshall Institute, 2023. 20p.