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2017

Criminal Law

Journal

Criminal Background Checks

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Full-Text Articles in Legal History

Do Criminal Background Checks In Hiring Punish?, Michael A. C. Lee Jan 2017

Do Criminal Background Checks In Hiring Punish?, Michael A. C. Lee

Washington University Jurisprudence Review

Criminal background checks in the hiring process make it more difficult for former offenders to obtain employment at their market skill level. As a result, many former offenders end up underemployed or unemployed altogether. This obstacle to finding gainful employment is a harm, and this harm directly follows from a former offender’s criminal conviction. The harm can therefore be thought of as part of the punishment imposed on criminal offenders. However, unlike the formal punishment that a criminal offender receives through his sentence, the harm that follows the offender as he seeks employment after he has completed his formal ...