Criminal history inquiries function as barriers to housing, employment, public assistance, and educational opportunities for those with prior criminal justice system contact. Although the effects of these obstacles in housing and employment have been well-documented, their consequences for higher education and professional schools have attracted less attention. For schools that stand to gain the most from enrolling students with prior criminal justice system contact – law schools – criminal history inquiries remain the default.
This Article reviews criminal history inquiries at all ABA approved law schools to develop a deeper understanding of how such inquiries limit diversity in law schools and the profession overall, and advocates for schools to take a deeper look at how the criminal history inquiry functions in their application processes.