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Do Ban the Box Laws Increase Crime?

Author

Listed:
  • Joseph J. Sabia
  • Taylor Mackay
  • Thanh Tam Nguyen
  • Dhaval M. Dave

Abstract

Ban-the-box (BTB) laws, which prevent employers from asking prospective employees about their criminal histories at initial job screenings, are intended to increase employment opportunities and reduce economic incentives for crime. This study is the first to comprehensively explore the relationship between state and local BTB laws and criminal arrests among racial/ethnic minorities. Using agency-by-month data from the National Incident-Based Reporting System (NIBRS), we find that BTB laws are associated with a 10 percent increase in criminal incidents involving Hispanic male arrestees. This finding is supported by parallel analysis using data from the National Longitudinal Survey of Youth 1997 (NLSY97) and is consistent with BTB law-induced job loss due to employer-based statistical discrimination. We find no evidence that BTB laws increase property crime among African American men despite their also facing statistical discrimination. Supplemental analyses from the American Community Survey (ACS) suggest that barriers to welfare participation among Hispanic men may explain this result. Our estimates suggest that BTB laws generate $401 million in annual crime costs.

Suggested Citation

  • Joseph J. Sabia & Taylor Mackay & Thanh Tam Nguyen & Dhaval M. Dave, 2018. "Do Ban the Box Laws Increase Crime?," NBER Working Papers 24381, National Bureau of Economic Research, Inc.
    • Handle: RePEc:nbr:nberwo:24381
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    Cited by:

    1. Anthony M. Marino, 2020. "Banning information in hiring decisions," Journal of Regulatory Economics, Springer, vol. 58(1), pages 33-58, August.
    2. Brandyn F. Churchill & Andrew Dickinson & Taylor Mackay & Joseph J. Sabia, 2022. "The Effect of E-Verify Laws on Crime," ILR Review, Cornell University, ILR School, vol. 75(5), pages 1294-1320, October.

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    More about this item

    JEL classification:

    • J01 - Labor and Demographic Economics - - General - - - Labor Economics: General
    • J08 - Labor and Demographic Economics - - General - - - Labor Economics Policies
    • K14 - Law and Economics - - Basic Areas of Law - - - Criminal Law
    • K31 - Law and Economics - - Other Substantive Areas of Law - - - Labor Law

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