There is a notable lack of literature connecting prior convictions and job performance. Dozens of studies conducted over the past twenty-five years have found no such correlation.
Key Facts
The Society of Human Resource Management estimated that as many as 92% of organizations conduct background checks on potential employees.
There is no evidence that criminal background checks make a workplace safer.
In fact, people with more serious convictions perform better in all organizations, regardless of size size.
The seriousness of the offense does not diminish strong workplace performance.
Background checks are not fair, unbiased instruments.
It is well documented that conviction history in the United States does not reflect the character of the person, but rather more accurately reflects the disparate impacts of racism in the criminal legal system, access to quality criminal defense representation, socio-economic status, and a host of other factors that track systemic inequality.
Background check overreliance means less workplace safety.
Workplace safety is about forward looking approaches to ensuring that everyone is safe. Safety exists where a workplace has rules and procedures covering all employees to ensure nobody will victimize someone else whether or not they have a previous conviction. The use of criminal conviction background check information does not and will not accomplish this task.
More than 9 out of every 10 available jobs require a background check.
Myths & Misconceptions
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Safety exists when a workplace has procedures in place that cover all employees so that no one can harm someone else. Background checks do not act as shields against harm in workplaces.
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Most incidents of workplace violence are committed by people who do not have a criminal conviction. Research shows that we cannot predict whether someone will commit a crime, or present a risk in the workplace just based on having a conviction on their record^.
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Maybe, but any paths employers take to indirectly inquire about conviction history will likely violate state or federal statute or make them vulnerable to litigation for employment discrimination.
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Unemployment rates for people with convictions are more than 20%. This is 4x higher than any other protected group under Title VII, including black and brown job-seekers.
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Other parts of the application and hiring process provide much better ways of understanding someone's job performance and potential misconduct at work, such as interview processes, scrutinizing resumes, and checking employer references.
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Conviction history in the United States does not reflect the character of the person, but rather more accurately reflects the disparate impacts of racism and classism in the criminal legal system.
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Hiring barriers, including reductions in call backs, are experienced by people with with misdemeanor convictions and even minor arrest records.
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Employer education is an ongoing practice, not a solution. A policy change that requires different employer behavior can exist in concert with ongoing education.
Recommended Resources
Lived Experience Digest: Afterlives of Conviction Project. https://www.afterlivesofconviction.org/lived-experience
“Individualizing Risk: Moral Judgement, Professional Knowledge and Affect in Parole Evaluations”, Werth, R. (2017). Individualizing Risk: Moral Judgement, Professional Knowledge and Affect in Parole Evaluations. The British Journal of Criminology, 57(4), 808–827. https://booksc.org/book/52603912/17f3f3
Fair Chance Hiring in Action: A Study of San Francisco’s Centralized Conviction History Program, a Project Report for the San Francisco Department of Human Resources and the National Employment Law Project. Prepared by Public Policy Program at Stanford University, March 14, 2016.