Why "Ban-the-Box" Isn't Enough

Have you ever been convicted of a crime? This question is asked on nearly every job application. The vast majority of employers use the question to decide whom to interview and, ultimately, whom to hire. But while this tiny check box tells employers very little about the candidate, depending on the response it can result in missed opportunities for countless individuals who have remained crime-free and are ready to work. The stakes are even higher for youth who haven’t yet had a chance to land their first job or start a career.

Nineteen states and over one hundred municipalities have enacted “Ban-the-Box” laws that prohibit employers from asking this question until after the candidate is able to demonstrate his or her qualifications for the job. Several private companies acted even before laws were put in place. Walmart, Target, Home Depot, Koch Industries, and others have already adopted these “fair-chance hiring policies” for people with records.  

But "Ban-the-Box" and fair-chance hiring practices are not enough, especially for youth with juvenile records. These youth have yet to build their skills and résumés to demonstrate their employment qualifications or readiness. Juvenile records can potentially disqualify youth from job opportunities and prevent youth from developing favorable work histories.

Rather than simply postponing the inevitable questioning about prior court involvement, which simply delays an individual’s disqualification from employment, stronger measures must be taken to ensure that youth are given opportunities, despite their records. Kids are different from adults. Their records tell the story of something they once did; not the story of who they are. Ninety-five percent of youth with records have been arrested for minor offenses, and the vast majority of youth do not reoffend. In fact, research shows that individuals with consistent employment are not likely to reoffend.  

This Spring, Juvenile Law Center will publish a policy paper arguing that children have the right to grow up without records of their court involvement erecting barriers to their future success. The paper shares real life examples of the detrimental effects of juvenile records and how these records are shared publicly. Background checks too often disclose inaccurate or confidential information. Juvenile record information has little relevance in a job application or interview. Employers must focus their inquiries away from mistakes a kid made in the past and toward the youth’s strengths and potential. For more information on how juvenile records are treated across the country, visit www.jlc.org/juvenilerecords.

Image credit: "The grindstone" by Kathryn Decker, licensed under CC BY 2.0.