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65 Million “Need Not Apply”: The Case for Reforming Criminal Background Checks for Employment

The exclusion of individuals with criminal records from employment is examined. People working with soon to be released prisoners or ex-offenders should be aware of this issue. The ability to find gainful employment, one of the critical needs for successful reentry, will be critically impacted by the sometimes unnecessary checking of criminal histories. Six sections are contained in this report: introduction; shutting workers with criminal records out of the job market compromises the economy and public safety; over broad hiring restrictions run afoul of federal laws regulating criminal background checks for employment; wave of lawsuits documents routine civil rights and consumer protection violations; Craigslist survey reveals flagrant abuses by the nation’s largest companies; and recommendations.