The Proliferation of Criminal Background Check Laws in the United States

Abstract

Criminal record checks have become a widely used method for governing access to institutional attachments in the United States. State laws that authorize or require the use of background checks serve as one important source of criminal records’ expanded reach. The current study uses novel longitudinal data to examine the proliferation of these laws at the state level between 1982 and 2013. Panel analyses provide the strongest support for a model of racial classification, with the rate of background check adoption increasing as African-Americans represent larger shares of state criminal record populations. Considerable support is also found for racial economic threat and, to a lesser extent, ethnic economic threat. Background check adoption is only weakly associated with violent crime rates and other features of state-level penal regimes.