Balancing Criminal Records with Evidence of Rehabilitation in Licensing Decisions

• In Event: The Accuracy and Use of Criminal Records for Non-Criminal Justice Purposes

Abstract

There is a strong tension between public safety concerns and “second chances” for individuals with criminal records. Licensed occupations in the United States, which can include jobs such as barbers, taxi drivers, and security guards, require formal criminal background checks with the explicit goal of protecting the public. However, in New York State criminal background check decision makers are also required by law to consider evidence of good conduct or rehabilitation in determining a job applicant’s suitability for a particular job. Using a content analysis approach, I examine how administrative law judges balance these contrasting types of information in making licensing decisions in New York State. I also examine potential variations in perceptions of “risk” and “rehabilitation” by the individual’s sex, type of conviction(s), time since last conviction(s), and whether an advocacy organization was involved in preparing the evidence of rehabilitation submission.

Author

• Megan Denver, University at Albany, SUNY