Collateral Consequences of a Conviction in Spain

Larrauri, Elena; Rovira, Martí

doi:10.5040/9781509921003.ch-002

Cited by 7 publications

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“…The growth in the use of CBCs in European countries has been mainly triggered by legislation making requests for criminal record certificates compulsory for jobs involving close contact with children (Blitsa & Jacobs, 2012;Larrauri & Rovira, 2019). Backman (2012b) suggests that the introduction of this legislation is related to the expansion of a new social conception of childhood.…”

Section: The Recent Growth In the Use Of Cbcs In Western European Con...mentioning

confidence: 99%

The global rise of criminal background checks

Rovira

2022

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The extensive use of criminal background checks — the request for information on prior convictions for non-judicial purposes — creates obstacles to a fair re-integration of individuals with criminal records. Previous research has documented the growth in the use of criminal background checks in Western jurisdictions. However, much less is known about the evolution of criminal background checks in other parts of the world. In this study, I present and analyse an original dataset with information on requests for official criminal record certificates for non-judicial purposes in 52 countries. The results show that the use of criminal background checks for non-judicial purposes is rising in nearly every country measured. These findings advance our knowledge about the international character of a previously-ignored dimension of the globalisation of punitiveness.

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Section: The Recent Growth In the Use Of Cbcs In Western European Con...mentioning

confidence: 99%

The global rise of criminal background checks

Rovira

2022

Preprint

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“…Less well known is that requests for information on criminal convictions have also increased in other Anglosphere countries, such as the UK (Henley, 2019; Thomas and Hebenton, 2013) and Australia (Heydon and Naylor, 2018). In addition, a more recent trend towards increased employment-related requests for CBCs has been documented in West European countries such as the Netherlands (Boone, 2011; Van’t Zand-Kurtovic, 2017), Sweden (Backman, 2012) and Spain (Larrauri and Rovira, 2019).…”

Section: The Unintended Effects Of New Legislation and The Growth In ...mentioning

confidence: 99%

“…This generated a substantial increase in the number of positions for which employers must conduct mandatory CBCs in Spain. Previously, certificates of criminal records were required only for positions in the areas of security, justice, gambling, airports and finance, where explicit laws already obliged employers to request CBCs (Larrauri and Rovira, 2019).…”

Section: The Implementation Of Directive 93/2011/eu In Spainmentioning

confidence: 99%

“…Second, I define the case study: the transposition of European Union Directive 93/2011/EU into Spanish legislation, which established the obligation to request a certificate with records of sexual crimes for jobs involving frequent contact with children. The introduction of this legislation has been associated with the current growth in the use of CBCs in most European Union countries (Larrauri and Rovira, 2019). In the third section, I present the method used to establish whether non-mandatory CBCs increased in Spain after the introduction of legislation based on the Directive: the analysis of a survey on individuals requesting criminal record certificates two years before the law was introduced, two months after its implementation, and two years later.…”

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The next Pandora’s Box of criminal background checks

Rovira

2020

European Journal of Criminology

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The use of criminal background checks (CBCs) – requests for information on previous convictions during the employment recruitment process – is growing worldwide. This article seeks to explain the proliferation in CBCs by examining whether novel legislation introducing mandatory requests for some jobs also leads to an increase in requests for CBCs for jobs outside the scope of the law. The present research makes use of survey data collected from individuals requesting criminal records certificates before and after the introduction of new CBC regulation in Spain – EU Directive 93/2011/EU – which established the obligation to request a criminal record certificate covering sexual crimes for jobs involving frequent contact with children. The analysis detects only a small and unsustained growth in non-mandatory checks following introduction of the new law. However, the results suggest that the danger of the new legislation lies in employers requesting certificates with a higher level of disclosure than is required for the positions on which checks were made mandatory by the new law. In addition, the growth in non-mandatory CBCs observed during this period seems to be related not to the new legislation but to the emergence of tech companies, raising alarm regarding the role of novel forms of policy mobility and the new collaborative economy in limiting the re-entry of individuals with criminal records to the labour market.

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“…Scholarship in this field has focused predominantly on the United States where many thousands of laws exist restricting rights in areas such as employment, housing, participation in democracy and access to social security (see inter alia Corda, 2018;Jacobs, 2015;Kirk and Wakefield, 2018). However, greater focus is now starting to be placed on discriminatory practices against people with criminal records in Europe (Kurtovic and Rovira, 2017;Larrauri and Rovira, 2018) and to how this might be tackled (Henley, 2019;Larrauri, 2014a).…”

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Criminalisation, criminal records and rehabilitation: From supervision to citizenship?

Henley¹

2022

Probation Journal

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Scholars of criminal justice have long described contact with the penal system as involving different forms of 'pain '. Paradigmatically, Sykes (1958) outlined the 'pains of imprisonment' whereby the incarcerated experience deprivations of liberty, autonomy, security, goods and services, and heterosexual relationships. Subsequently, Crewe (2011) described 21st century imprisonment as involving pains associated with indeterminacy, psychological assessment and selfgovernment in his analysis of the 'depth', 'weight' and 'tightness' of the contemporary prison experience. However, the notion of a 'painful' criminal justice experience has not been limited to studies of incarceration. Durnescu (2011Durnescu ( , 2019 applied Sykes' approach to non-custodial supervision, suggesting that amongst other 'pains of probation' or 're-entry' were the sense of instability or 'walking on thin ice', the uncomfortable aspects of being forced to return to and confront one's offending, and the stigmatisation effects of the juridical status of the probationer. Hayes (2015) has also considered the various 'pains of community penalties', noting how supervision may involve an intrusive and, in some cases, hostile degree of intervention by various agencies in the lives of lawbreakers.In addition to this more established focus amongst academics on imprisonment and community punishment, increasing attention is now being paid to so-called 'collateral consequences' of a criminal record. These 'invisible punishments' (Travis, 2002) include numerous de jure provisions and de facto practices which involve people with criminal records being treated less favourably than others in a wide range of life domains outside of the sphere of criminal justice and often long after the completion of their sentences. Scholarship in this field has focused predominantly on the United States where many thousands of laws exist restricting rights in areas such as employment, housing, participation in democracy and access to social security (see inter alia Corda, 2018;Jacobs, 2015;Kirk and Wakefield, 2018). However, greater focus is now starting to be placed on discriminatory practices against people with criminal records in Europe (Kurtovic and Rovira, 2017;Larrauri and Rovira, 2018) and to how this might be tackled (Henley, 2019;Larrauri, 2014a).

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Collateral Consequences of a Conviction in Spain

Cited by 7 publications

References 0 publications

The global rise of criminal background checks

The global rise of criminal background checks

The next Pandora’s Box of criminal background checks

Criminalisation, criminal records and rehabilitation: From supervision to citizenship?

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