Can I be denied acceptance to an educational program or institution because of my criminal history?

Sadly, yes. Over the last decade, more and more colleges and universities across the country have begun to look into applicants’ criminal histories as part of the admissions process.[2726] In a recent study, two-thirds of the responding institutions reported collecting criminal history information on prospective students.[2727] Most commonly, institutions ask applicants to self-report their criminal history (answer “yes” and then explain). Some schools do conduct full criminal background checks on prospective students and then use the information to deny admission to people with criminal records, or give them conditional admission with added requirements and restrictions—kind of like “admission on probation.”[2728]

Unfortunately, there is nothing illegal about what they’re doing, and no real legal way to stop them from doing it. The best defense, however, is a good offense—in other words, be proactive! Take steps to clean up your criminal record, participate in rehabilitation programs, and be prepared with answers to questions about your criminal history. (See the UNDERSTANDING & CLEANING UP YOUR CRIMINAL RECORD CHAPTER, beginning on PG. 931 for information and details on how to “clean up” your record.)

The Good News…

Many colleges and universities will let you appeal a denial based on your criminal record, and will work with you to help you get in. Reach out to the Admissions Office staff and to school advisors to show them that you are serious and dedicated to your future. Take advantage of any opportunity to show that your criminal history is just that—history. You can use your personal essay (part of your application), in–person interview, letters of recommendation, and any other supporting documents to show the admissions committee that you are more than just your record.[2729]

Here are some other facts to keep in mind that work in your favor:

    There are no educational opportunities that you are legally banned from because of your criminal record—no matter what is in it;
    California public community colleges, state colleges, and state universities do not ask prospective students about their criminal history (as a policy);[2730]
    Educational institutions are not authorized under California law to request background checks on people,[2731] (however, there is nothing to stop them from asking self-reporting questions on applications).
    Distance Education programs are not likely to ask about your criminal history because they do not have to worry about campus safety (Although there is no evidence that a student with a criminal history poses an increased safety risk,[2732] this is the main reason schools care about your criminal history).
    Many schools will look at your criminal history only to flag you if you are applying to a program in a career field that you’re not allowed to work in anyway because of your criminal history (common in medical schools).[2733] (For more information on licensing and employment restrictions, see EMPLOYMENT CHAPTER, PG. 601.)
    Some colleges collect criminal history information, but never actually use it.[2734]
  1. 2726

    Ctr for Cmty. Alts., Criminal History Screening in College Admissions: A Guide for Attorneys Representing College Applicants and Students During and After Criminal Proceedings (2013).

  2. 2727

    Almost 500 colleges and universities use the Common Application, which has a self-reporting question about criminal history. Many others that do not use the Common Application have similar questions on their own applications. Ctr for Cmty. Alts., The Use of Criminal History Records in College Admissions Reconsidered (2010). See also Benay Rubenstein, Overcoming Hurdles to Higher Education for Students With a Criminal Record, Open Society Foundations (Sep. 12, 2011), http://www.opensocietyfoundations.org/voices/overcoming-hurdles-higher-education-students-criminal-record.

  3. 2728

    Ctr for Cmty. Alts. The Use of Criminal History Records in College Admissions Reconsidered (2010), http://www.communityalternatives.org/pdf/Reconsidered-criminal-hist-recs-in-college-admissions.pdf.

  4. 2729

    Ctr for Cmty. Alts. The Use of Criminal History Records in College Admissions Reconsidered (2010), http://www.communityalternatives.org/pdf/Reconsidered-criminal-hist-recs-in-college-admissions.pdf.

  5. 2730

    Ctr for Cmty. Alts. & Nat’l H.I.R.E. Network, Closing the Doors to Higher Education: Another Collateral Consequence of a Criminal Conviction (2008), www.communityalternatives.org/pdf/HigherEd.pdf; see also East Bay Comty Law Ctr: Starting Over Strong, Applying to College with a Juvenile Record, (2012), www.ebclc.org/documents/sos/Applying_to_College.pdf.

  6. 2731

    Investigative Consumer Reporting Agencies Act, Cal. Civ. Code §§ 1786.12, 1786.16(d).

  7. 2732

    M.J.V. Olszewska, Undergraduate Admission Application as a Campus Crime Mitigation Measure: Disclosure of Applicants’ Disciplinary Background Information and Its Relationship to Campus Crime (2007) (unpublished Ph.D. dissertation, East Carolina University) (on file with author).

  8. 2733

    Ctr for Cmty. Alts., The Use of Criminal History Records in College Admissions Reconsidered (2010).

  9. 2734

    Ctr for Cmty. Alts., The Use of Criminal History Records in College Admissions Reconsidered (2010).