Then there's cases like Japan, where not only companies, but also landlords, will make people answer a question like: "have you ever been part of an anti-social organization or committed a crime?" If you don't answer truthfully, that is a legal reason to reject you. If you answer truthfully, then you will never get a job (or housing) again.
Of course, there is a whole world outside of the United States and Japan. But these are the two countries I have experience dealing with.
The question a people must ask themselves: we are a nation of laws, but are we a nation of justice?
Absolutely not. I'm not saying every crime should disqualify you from every job but convictions are really a government officialized account of your behavior. Knowing a person has trouble controlling their impulses leading to aggrevated assault or something very much tells you they won't be good for certain roles. As a business you are liable for what your employees do it's in both your interests and your customers interests not to create dangerous situations.
However, there's also jobs which legally require enhanced vetting checks.
I think the solution there is to restrict access and limit application to only what's relevant to the job. If someone wants to be a daycare worker, the employer should be able to submit a background check to the justice system who could decide that the drug possession arrest 20 years ago shouldn't reasonably have an impact on the candidate's ability to perform the job, while a history of child sex offenses would. Employers would only get a pass/fail back.
Welcome to the world of certificates of the good conduct and criminal record extracts:
Or, you might just be doing the meme: https://x.com/MillennialWoes/status/1893134391322308918?s=20
Exactly. One option is for the person themselves to be able to ask for a LIMITED copy of their criminal history, which is otherwise kept private, but no one else.
This way it remains private, the HR cannot force the applicant to provide a detailed copy of their criminal history and discriminate based on it, they can only get a generic document from the court via Mr Doe that says, "Mr Doe is currently eligible to be employed as a financial advisor" or "Mr Doe is currently ineligible to be employed as a school teacher".
Ideally it should also be encrypted by the company's public key and then digitally signed by the court. This way, if it gets leaked, there's no way to prove its authenticity to a third party without at least outing the company as the source.
Coincidentally these same countries tend to have a much much lower recidivism rate than other countries.
I'm an employer and I want to make sure you haven't committed any serious crimes, so I ask for a certificate saying you haven't committed violent crimes. I get a certificate saying you have. It was a fistfight from a couple of decades ago when you were 20, but I don't know if it's that or if you tortured someone to death. Gotta take a pass on hiring you, sorry.
Seems like the people this benefits relative to a system in which a company can find out the specific charges you were convicted of would be the people who have committed the most heinous crimes in a given category.
And only released if it's in the public interest. I'd be very very strict here.
I'm a bit weird here though. I basically think the criminal justice system is very harsh.
Except when it comes to driving. With driving, at least in America, our laws are a joke. You can have multiple at fault accidents and keep your license.
DUI, keep your license.
Run into someone because watching Football is more important than operating a giant vehicle, whatever you might get a ticket.
I'd be quick to strip licenses over accidents and if you drive without a license and hit someone it's mandatory jail time. No exceptions.
By far the most dangerous thing in most American cities is driving. One clown on fan duel while he should be focusing on driving can instantly ruin dozens of lives.
But we treat driving as this sacred right. Why are car immobilizers even a thing?
No, you can not safely operate a vehicle. Go buy a bike.
But the Internet's memory means that something being public at time t1 means it will also be public at all times after t1.
You can do something very simple like having a system that just lists if a person is - at that moment - in government custody. After release, there need not be an open record since the need to show if that person is currently in custody is over.
As an aside, the past few months have proven that the US government very much does not respect that reasoning. There are countless stories of people being taken and driven around for hours and questioned with no public paper trail at all.
Democrats love it too.
They call em Jump Outs. Historically the so called constitution has been worth less than craft paper. From FDRs executive order 9066 to today, you have no rights.
Is the position that everyone who experienced that coverage, wrote about it in any forum, or attended, must wipe all trace of it clean, for “reasons”? The defendant has sole ownership of public facts? Really!? Would the ends of justice have been better served by sealed records and a closed courtroom? Would have been a very different event.
Courts are accustomed to balancing interests, but since the public usually is not a direct participant they get short shrift. Judges may find it inconvenient to be scrutinized, but that’s the ultimate and only true source of their legitimacy in a democratic system.
To be this brings in another question when the discussion should be focused on to what extent general records should be open.
Now for a serious answer, what happens in practice in Europe is not secret trials, because trials are very much public. Since there is only so many billionaries, their nephews, actual mafiosi and people with political exposure prosecution, the journalists would monitor them closely, but will not be there on a hearing about your co-workers (alleged) wife-beating activities.
It's all reported, surname redacted (or not, it depends), but we all know who this is about anyways. "Court records says that a head of department at a government institution REDACTED1 was detained Monday, according to the public information, the arrests happened at the Fiscal service and the position of the department head is occupied by Evhen Sraka".
What matters when this is happens is not the exact PII of the person anyways. I don't care which exact nephew of which billionarie managed to bribe the cops in the end, but the fact that it happened or not.
Rank and file cops aren't that interesting by the way, unless it's a systemic issue, because the violence threshold is tuned down anyway -- nobody does a routine traffic stop geared for occupational army activities.
Like everything, privacy is not an absolute right and is balanced against all other rights and what you describe fits the definition of a legitimate public interest, which reduces the privacy of certain people (due to their position) by default and can be applied ad-hoc as well.
If a conviction is something minor enough that might be expungable, it should be private until that time comes. If the convicted person hasn't met the conditions for expungement, make it part of the public record, otherwise delete all history of it.
Sometimes can you can't prove B was more qualified, but you can always claim some BS like "B was a better fit for our company culture"
Do you regard the justice system as a method of rehabilitating offenders and returning them to try to be productive members of society, or do you consider it to be a system for punishment? If the latter, is it Just for society to punish somebody for the rest of their life for a crime, even if the criminal justice considers them safe to release into society?
Is there anything but a negative consequence for allowing a spent conviction to limit people's ability to work, or to own/rent a home? We have carve-outs for sensitive positions (e.g. working with children/vulnerable adults)
Consider what you would do in that position if you had genuinely turned a corner but were denied access to jobs you're qualified for?
Sure there is still some leeway between only letting a judge decide the punishment and full on mob rule, but it's not a slippery slope fallacy when the slope is actually slippy.
It's fairly easy to abuse the leeway to discriminate to exclude political dissidents for instance.
Good luck proving it when it happens. We haven't even managed to stop discrimination based on race and religion, and that problem has only gotten worse as HR departments started using AI which conveniently acts as a shield to protect them.
wouldn't making it illegal to discriminate based on criminal records prevent an elementary school of refusing to employ a candidate that is "fit for the job" (graduated from a good university, has years of experience in the field, etc) who just happens to have a child rape conviction on the basis that he has a child rape conviction? doesn't 1 + 1 equal 2?