Madison May Prohibit City From Asking Potential Employees About Criminal Histories

The Madison city council will soon be voting on an ordinance that would prohibit the city from asking job seekers about their criminal histories.

Madison my soon become the first city in the state to join a national movement called “ban the box.” If approved, it would require both the city and companies the city does business with to postpone any criminal background checks on job applicants until after they’ve been interviewed.

Mayor Paul Soglin says state law already prohibits employers from using criminal records to disqualify someone, but the box on the application form requiring a checkmark if an applicant has a criminal record often discourages ex-offenders from applying.

“The fact that the box is on that application right up front is a disincentive for applicants,” said Soglin. “They just feel that it’s not worth applying. So it’s a mechanism there that prevents us from getting otherwise qualified people.”

More than 50 cities and 11 states, including Minnesota, have passed laws banning the criminal records box on job applications.

Carol Rubin of the prison reform group Moses says the ordinance doesn’t prevent employers from doing background checks, but it gives an applicant more opportunity to explain his or her past offenses and present evidence of their rehabilitation.

“It restores hope and dignity to individuals who have made a serious mistake in the past but want to change their lives and become very productive members of the community,”

Rubin says such ordinances have proven effective in reducing recidivism because finding work is a key factor in determining whether an ex offender will commit a new crime.