It probably doesn’t come as a surprise that many colleges require applicants to disclose their criminal history on applications. According to the Department of Education, 72% of colleges require applicants to make this disclosure. The “Ban the Box” movement, a grassroots cause that seeks greater civil equality for the formerly incarcerated by removing criminal history questions from professional, residential, and educational applications, has long called for an end to this practice. President Biden’s DOE agrees, as they recently endorsed the movement, calling for the removal of criminal history questions on college applications.

Ivy Coach agrees with this stance, with some reservations. Every student should be given the opportunity to redeem themselves, and we absolutely do not buy into the idea that the formerly incarcerated make campuses any less safe. However, we also acknowledge that in an increasingly competitive college admissions landscape, some decisions could very well come down to the presence or absence of a criminal history. But what does “criminal history” entail? Is it fair for colleges to probe whether an applicant has ever been arrested, even if it did not lead to charges or a conviction?

Which Colleges Still Ask About Arrest Records?

As reported by Stephanie Saul in her 2016 piece, “Colleges That Ask Applicants About Brushes With the Law Draw Scrutiny”:

“Auburn, in Auburn, Ala., is one of 17 universities in the South that include broad questions on their admissions applications about any contact with the legal system or the police that applicants might have had — even an arrest, with no conviction — according to the Lawyers’ Committee for Civil Rights Under Law, an advocacy group. The universities are now the focus of an inquiry by the organization, which says such questions unfairly penalize minorities, who tend to face arrest more frequently and, as a result, could face higher admissions hurdles. ’The disparities and underrepresentation we see at schools is a concern, and this may indeed be one of the contributing factors,’ said Kristen Clarke, the group’s executive director, citing statistics showing low black enrollment at some of the colleges. At Auburn, for example, African-Americans make up 7 percent of the student body in a state where blacks total about 25 percent of the population.”

As this data indicates, the arrest question can have a very real impact on the diversity of a university’s student body. When it comes to Ivy League schools, many probe conviction history but not necessarily arrest history. For example, here is Cornell’s statement on the subject:

“Following a protocol for reviewing applications involving students who have provided information about a misdemeanor or felony conviction; Considering information about a misdemeanor or felony conviction only after conducting an individualized and holistic review of the admissions application and determining sufficient potential for admission; and Providing applicants the opportunity to explain a misdemeanor or felony conviction and to submit supporting information from officials at an educational institution (e.g. secondary school or institution of higher education).”

Arrest Records Should Not be Disclosed on College Applications

It’s just common sense. Thousands of people are arrested each year without being charged with — or convicted of — any crime. Probing arrest history on college applications only serves to discriminate against low-income and underrepresented minority students, who are far more likely to be subject to wrongful arrests. It’s not unheard of that a completely innocent person is arrested by police and then shortly thereafter released. So why should the simple presence of an arrest record have any bearing on whether a promising candidate can receive an undergraduate education? It’s preposterous!

The Common Application doesn’t ask if an applicant has ever been arrested, but it does ask if an applicant has ever been convicted of a crime. If an applicant’s criminal record has been expunged, they do not need to answer “yes” that they’ve been convicted of a crime. We at Ivy Coach firmly believe this question should be the only criminal question that colleges should be able to ask! They should not be able to ask if a student has been arrested. In a time in which highly selective colleges are trying to encourage disadvantaged students to apply, why not ensure that the application doesn’t discourage just that?