Prohibit employers or licensing boards from disqualifying someone (not hiring, not licensing, or firing) because they were: arrested but never charged or convicted; convicted of a petty non-violent crime; or convicted of a crime unrelated to the job
Currently, employers and licensing boards can and do disqualify applicants because of criminal records, including arrests that did not result in conviction and minor, non-violent offenses. A proposal would restrict the ability of employers and licensing boards to automatically disqualify people based on their criminal records.
Arguments For & Against
Pro Argument
An essential principle of our justice system is that people who are not proven to be guilty should not be punished. Yet millions of people carry the burden of an arrest or unproven charge for their entire life. Studies show it is harder for them to get a job or a license. These harms are especially felt by minorities, who are more likely to be arrested on weak charges that are later dropped. Forcing people to carry the burden of an arrest or unproven charge is unjust.
Con Argument
Getting arrested can mean the person put themselves in a bad situation. Just because someone was not convicted does not mean they did not actually commit a crime. Employers and licensing boards should be free to make their own judgments about applicants based on their full history.
Source document: Criminal_Records_Quaire_0221.pdf
| Type | Organization | Date | Nat | Rep | Dem | Gap | Metric |
|---|---|---|---|---|---|---|---|
| New PPC Survey (2026) | Program for Public Consultation | February 2026 | 65% | 66% | 65% | 1% | favor |
| Deliberative Survey | Program for Public Consultation | February 2021 | 81% | 72% | 90% | 18% | favor |
Program for Public Consultation — February 2026
Do you favor or oppose prohibiting employers and licensing boards from disqualifying a person on the basis that:
Program for Public Consultation — February 2021
Licensing boards and employers could not disqualify a person because:
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