Is criminal background a systematic barrier?

Is Criminal Background a Systematic Barrier?

Criminal background checks have become a common practice in various aspects of life, from employment to housing and education. However, the consequences of a criminal record can be far-reaching and disproportionate, often creating a systemic barrier to opportunities and advancement. In this article, we will explore whether a criminal background is indeed a systematic barrier and examine the impact it has on individuals and society as a whole.

What is a Systematic Barrier?

A systematic barrier is a obstacle that is inherent to a system or institution, often resulting in unequal opportunities and outcomes for certain individuals or groups. Systemic barriers can be based on factors such as race, gender, age, religion, or socioeconomic status, among others. In the context of criminal background, a systematic barrier refers to the ways in which a criminal record can limit opportunities and create a cycle of disadvantage.

How Does a Criminal Record Affect Individuals?

A criminal record can have a profound impact on an individual’s life, often limiting their ability to:

• Gain employment: Many employers require criminal background checks as a condition of employment. Even if an individual is otherwise qualified for a job, a criminal record can be a significant deterrent.
• Access housing: Landlords and property managers may be hesitant to rent to individuals with criminal records, leading to a shortage of affordable housing options.
• Pursue education: Some colleges and universities may require criminal background checks, and a record can be a barrier to admission.
• Vote: In some states, individuals with felony convictions may have their voting rights restored, but a criminal record can still limit their ability to exercise this right.
• Access public benefits: Eligibility for public benefits such as food stamps, housing assistance, and Medicaid may be affected by a criminal record.

How Does a Criminal Record Affect Society?

The impact of a criminal record on society is also significant, often perpetuating cycles of poverty and inequality. Some of the ways in which a criminal record affects society include:

• Mass incarceration: The war on drugs and other policies have led to a surge in mass incarceration, disproportionately affecting communities of color.
• Recidivism: Individuals with criminal records are more likely to reoffend due to lack of access to education, employment, and social services.
• Economic burden: The cost of incarceration, healthcare, and social services related to criminal activity is estimated to be over $80 billion annually.
• Racial disparities: Criminal justice policies and practices disproportionately affect communities of color, perpetuating systemic racism.

Reform Efforts

Several reform efforts have been proposed and implemented to address the issue of criminal background checks as a systematic barrier. Some of these efforts include:

• Ban the Box: This movement aims to remove questions about criminal history from job applications, allowing individuals to be considered for employment based on their qualifications rather than their record.
• Expungement laws: Some states have implemented expungement laws, allowing individuals to have their criminal records sealed or expunged, reducing the impact of a criminal record on employment and education opportunities.
• Fair Chance Housing: This movement aims to prohibit landlords and property managers from asking about criminal history during the application process.
• Second Chance Pell Grant: This program, reintroduced in 2015, provides federal grants to eligible students who are incarcerated or have been incarcerated to pursue higher education.

Conclusion

A criminal background is indeed a systematic barrier, limiting opportunities and creating a cycle of disadvantage for individuals and perpetuating systemic inequality. By implementing reforms such as ban the box, expungement laws, fair chance housing, and second chance programs, we can begin to address the impact of a criminal record on individuals and society as a whole. It is essential to recognize the disproportionate effect of criminal justice policies and practices on communities of color and work towards creating a more just and equitable system.

Table: The Impact of a Criminal Record on Employment

Sources:

• The National Employment Law Project (NELP)
• The National Association of Criminal Defense Lawyers (NACDL)
• The Sentencing Project
• The Urban Institute