The unemployment rate for persons with criminal histories is 34% for all nonworking men aged 25 to 54 years.67 In some states, it is higher. For example, in Arkansas, the unemployment rate for ex-offenders is 47%. To help persons with criminal records have a better chance at finding employment, 19 states and 100 cities and counties forbid public agencies, and in some cases private businesses, to ask job applicants about criminal convictions until later in the application process.68 The movement to require employers to postpone inquiries about criminal histories until later in the application process is known as the “fair-chance” or “ban the box” movement. In April 2016, the “ban the box” movement received a boost when President Obama proposed a rule that would prevent inquiries about an applicant’s criminal record until a conditional offer is made. The ban would apply to about half of some 200,000 government positions. Federal contractors would be encouraged, but not required, to follow the ban. Government positions related to law enforcement and other types of national security positions would be exempt from the ban. What concerns would employers have regarding such a rule?
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