Delaying the Box: An Analysis of State Legislation Regarding Criminal History Questions in College Admissions

• In Event: Critiques for Transformation: Reimagining Colleges and Communities for Social Justice

Abstract

In this paper, we use abolitionist theory to analyze state-level Ban the Box policies in higher education. Ban the Box policies prohibit or restrict colleges and universities in asking about criminal history records during the initial admissions process. States with ‘Ban the Box’ legislation are an important site of investigation given their growth in the last five years alongside increased support for higher education in prison. Our aim is to analyze these state-level ‘Ban the Box’ laws to identify similarities, differences, and common assumptions. Then, we draw from abolitionist theory to ask a set of questions that prompt reimagination toward a more just world.

We examine recently passed legislation in five states: Louisiana, Maryland, Washington, Colorado, and California. At first glance, the laws in Louisiana, Maryland, Washington, Colorado, and California appear to eliminate the question of criminal history in college admissions. However, the reality is that these questions are simply delayed for a period of time or moved to a different part of the college admissions process. Consequently, the power of criminal histories and their influence on admission to higher education (and the many attendant benefits of enrollment and completion) remain intact. In two states, Louisiana and Colorado, the criminal history question was slightly refined to inquire about specific offenses, such as “violent” crimes. This means that instead of banning the box, these states expanded the box.

Third-pay loopholes, occupational licensing restrictions, the conviction of particular crimes, and limiting campus engagement and presence all complicate simplistic understandings of a Ban the Box mentality to increase access to higher education. Our analysis reveals that institutions of higher education in these states use criminal history questions to limit college engagement and participation based on perceived risk or threat. Thus, we push institutions toward more transformative ends as we reveal how propping up Ban the Box policies in higher education as a gold standard of progress may stymie real change.

Authors

• Estefanie Aguilar Padilla, University of Pennsylvania
  Presenting Author

• Sydney Magana, Microsoft
  Non-Presenting Author

• Erin L. Castro, University of Utah
  Non-Presenting Author