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Lawyers’ Committee for Civil Rights Under Law Responds to Groundbreaking Decision to Eradicate Criminal History Question From Standardized Form Used by More Than 700+ Colleges Across US

For Immediate Release August 9, 2018

Decision to Strike Criminal History Question Opens Door for Tens of Thousands of Students Seeking Access to Higher Education

Today, the Lawyers’ Committee for Civil Rights Under Law (Lawyers’ Committee) announced an important victory in its work to remove the criminal history question from the standardized college application form used by more than 700 colleges and universities across the country.  This week, the Common application announced that it is striking the criminal history questionfrom its standardized form.

“No student should be automatically disqualified or from seeking access to higher educational opportunity based on their criminal history,” said Kristen Clarke, president and executive director of the Lawyers’ Committee for Civil Rights Under Law.  “Because racial disparities infect virtually every stage of our criminal justice system, questions regarding criminal history have an unjustified impact on minority applicants. The Common Application has taken one step in the right direction by eliminating a barrier that significantly impaired access to higher education for justice-involved individuals.”

Since 2016, the Lawyers’ Committee has called for The Common Application, Inc., a nonprofit organization that issues a standardized college application form used by more than 700 colleges across the country, to terminate use of questions concerning college applicants’ criminal records. These questions have a discriminatory effect on African American, Latino, and other minority applicants because of the racially disparate treatment that permeates the criminal justice system.  The Common Application’s criminal question had asked: “Have you ever been adjudicated guilty or convicted of a misdemeanor or felony?”

Clarke continued, “This is an important first step. However, we urge Common Application to go further by striking questions concerning high school disciplinary history and juvenile justice backgrounds. The school to prison pipeline is part of our political reality in this country and questions regarding high school discipline inevitably have a starker impact on African American, Latino and other applicants of color.”

Roughly 100 million Americans have some form of criminal record. Black youth make up 35 percent of juveniles arrested, despite amounting for only 17 percent of their age group. The same disparities plague school disciplinary actions: Since the 1970s, the racial gap in suspension rates has steadily grown wider so that today black students are more than three times more likely to be suspended than white students.  The deterrent effectof questions regarding criminal history is notable. A 2015 study by Center for Community Alternatives study found that two-thirds of individuals with felony convictions who started applications for admission to State University of New York schools did not complete the application process because of the burdensome process tied to detailing their convictions.

Clarke closed by noting that “individual schools should follow the lead of the Common Application and eliminate consideration of criminal history.” Last year, schools such as New York University announced that hat they would ignore the Common Application’s checkbox questions about criminal and disciplinary history.


About The Lawyers' Committee for Civil Rights Under Law
The Lawyers' Committee, a nonpartisan, nonprofit organization, was formed in 1963 at the request of President John F. Kennedy to involve the private bar in providing legal services to address racial discrimination. The Lawyers' Committee celebrated its 50th anniversary in 2013 as it continued its quest of "Moving America Toward Justice." The principal mission of the Lawyers' Committee is to secure, through the rule of law, equal justice under law, particularly in the areas of fair housing and fair lending, community development, employment, voting, education and environmental justice.

For more information about the Lawyers' Committee, visit www.lawyerscommittee.org.

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