Over 73 million people—or one in three people in the U.S.—currently have a record of past criminal history, triggering dozens of collateral consequences affecting access to education, employment and professional licenses, housing, social services and benefits, parental and adoption rights, freedom of movement, and voting rights. Given profound racial disparities at every stage of the criminal punishment system, Black people are disproportionately affected by these restrictions and exclusions
Eliminate restrictions and exclusions on access to housing, education, employment, social programs and benefits, voting rights, parental rights, and other civil rights based on prior criminal convictions.
Over the last 40 years, the reach of the criminal punishment system in the U.S. has expanded beyond contemporary and historical norms: there are currently 2.3 million people in state, federal, military, and Indian Country prisons, jails, and detention centers, civil commitment centers, and state psychiatric hospitals, and another 5 million on probation or parole. There are over 10 million arrests each year, and 5 million people are arrested and booked every year, many multiple times each year. As a result, more than 73.5 million people— or 1 in 3 people in the U.S.—have a criminal record history in an electronic database.
This population is disproportionately Black. Due to systemic anti-Black racism and profound racial disparities at every stage of the criminal punishment system, Black people represent 13% of the population but over 40% of people currently incarcerated in cages, and are 5 times more likely to be incarcerated than white people. One in 3 Black men can expect to be arrested before they’re even 23 years old. One in 2 Black trans women report experiencing incarceration in their lifetime. Despite making up only 13% of the general population, Black people account for 21% of people who were arrested just once and 28% of people arrested multiple times in 2017. People with multiple arrests are disproportionately Black, low-income, and unemployed:
The second class status resulting from a criminal record disproportionately affects working class, low- and no-income Black people who are primary targets of criminalization and disproportionately represented at every stage of the criminal punishment system. Black women, Black queer and trans and gender nonconforming, Black disabled, and Black undocumented people face unique challenges to accessing housing, employment, and public benefits based on a number of factors, including barriers associated with criminal record history. When these groups are marked with a criminal record, it only adds to their exclusion from economic opportunities.
Over 100 cities and counties have adopted Ban the Box policies across the country through a combination of legislation, executive action, and administrative rule changes.