Employment Application Criminal Record Questions and Willingness to Apply: A Mixed Method Study of Self-Selection

Abstract

Audits demonstrate fewer employer callbacks for applicants with criminal records, yet applicants may not apply for each position as assumed. When encountering criminal record questions (CRQs) or background check statements (BCSs), applicants may self-select out rather than divulge their record. We assess whether CRQs or BCSs affect self-selection using a mixed-method study of 303 adults with criminal records. Experimentally, the odds of selecting out of applying were over eight times higher for applications with CRQs or BCSs. In interviews, participants described self-selecting out due to anticipatory stigma, often resulting in long-term burnout. Still, some respondents would apply regardless of CRQs or BCSs due to perceived self-determination, inevitability of record inquiries, and targeted search strategies. Qualitative self-selection motivations differed by race and gender in conjunction with status vulnerabilities. Self-selection behavior reveals a new mechanism where ban-the-box policies could reduce status-based disadvantage and suggests removing BCSs and delaying the consent process.