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Setting the record straight

Colleges should not ask students to disclose arrests or expunged criminal records

According to the New York Times, three New York colleges recently agreed to drop questions from their applications which asked “have you ever been arrested or convicted of a felony?” This would include arrests which did not result in convictions and convictions that have been expunged. Upon receiving complaints from the Center for Community Alternatives, New York State Attorney General Eric T. Schneiderman’s office conducted an investigation into 70 colleges in the state, and found St. John’s, Five Towns College and Dowling were the only ones that took such a broad approach to seeking information about applicants’ criminal histories.

The three colleges have come to an agreement that they will only disqualify applicants if a conviction “indicates that the individual poses a threat to public safety or property, or if the convictions are relevant to some aspect of the academic program or student responsibilities.”

The concern of the Center for Community Alternatives is that asking about criminal history can result in unintentional discrimination, because there is a significant racial imbalance in the criminal justice system. Its 2010 study also concluded students with criminal records were not more likely to pose a risk to campus safety, and greater access to education could reduce the likelihood that they would become repeat offenders.

Schneiderman said even asking a question about an arrest record could discourage a student from applying to college for fear that an arrest would disqualify one from admission, even if he or she was not convicted, or if a conviction has been expunged.

Expunging a conviction from a record, as is often done for people who are tried as juveniles, is meant to give someone better opportunities for the future if they do not get in any more trouble with the law. An expunged record indicates a person either had a conviction vacated, or can be determined no longer to be a threat to society, despite past criminal history. Additionally, an arrest does not necessarily indicate guilt, and should not impact a student’s eligibility to attend a school.

In order to keep their students safe, however, it would be necessary for colleges to ask whether applicants have been convicted of a felony which has not been expunged. Felony convictions for certain crimes may indicate an applicant could pose a risk to the community’s safety or health. Rather than taking a blanket approach to exclude all applicants who have felony convictions — regardless of whether the convictions were expunged — college admissions offices ought to carefully consider these applications on a case-by-case basis. This would ensure they extend the opportunity of higher education to as many students as possible without putting their communities at risk.

The Common Application does ask students if they have been convicted of a crime, but notes they are not required to answer if the conviction has been expunged or sealed by the court.

The issue of inherent racism in the criminal justice system ought to be addressed, but how much college admissions offices can contribute to fixing this disparity is limited. Colleges should not require students to report dropped charges or expunged convictions in order to remain true to the design of the justice system, which ensures due process and the opportunity for second chances. A consequence of this practice may be that more minority students will have the opportunity to attend, or feel more optimistic about their chances of attending, which would be a positive effect. But it is important also for colleges to exercise caution to insulate their communities, and to do so, asking those hard questions may be necessary.

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