Boxed Out: Race, Crimes, and College Admissions
Document Type
Article
Publication Title
George Washington Law Review (forthcoming 2026)
Version
pre-publication
Journal Abbreviation
Geo. Wash. L. Rev. (forthcoming 2026)
Abstract
Most colleges require applicants to disclose their criminal histories. Sweeping in scope, these admissions questions extend beyond violent crimes to include minor offenses such as shoplifting, marijuana possession, and even sealed juvenile records. Given that students of color are arrested and punished at disproportionately high rates, colleges that require such disclosures run the risk of reinforcing underlying racial disparities.
Soon after the Supreme Court banned race-based affirmative action in college admissions, university presidents vowed to pursue race-neutral admissions strategies that would still yield diverse entering classes. Because criminal history boxes disproportionately affect students of color, removing these boxes from applications represents a race-neutral, diversity-enhancing admissions strategy. To test whether schools are actually pursuing this tactic, the Article presents original data on application questions from the current college admissions cycle. This novel dataset shows that even though schools have removed racial-demographic boxes in response to the Supreme Court’s mandate, crime-related boxes remain ubiquitous throughout college admissions. In addition to inquiring about serious felonies, the vast majority of schools currently ask about misdemeanors, high school discipline, and juvenile records.
Although colleges are just beginning to grapple with the consequences of criminal background questions, employers have dealt with this issue for decades. Most states have enacted “ban-the-box” laws, which require employers to refrain from posing criminal history questions until later stages in hiring. This Article considers how lessons from employment law can inform the development of similar policies in higher education. Outlining a legal framework that draws from employment law, the Article explains how the current use of wide-ranging admissions questions exposes schools to liability. In light of this risk, colleges that limit the timing and scope of their criminal history questions can reduce their legal exposure, while advancing important institutional goals that foster inclusion. Banning the box would promote equity in admissions, expand educational opportunities for underrepresented groups, and combat the racialized consequences of conviction.
First Page
1
Last Page
46
Publication Date
3-31-2025
Recommended Citation
Keith Cunningham-Parmeter,
Boxed Out: Race, Crimes, and College Admissions,
94
Geo. Wash. L. Rev. (forthcoming 2026)
1
(2025).
Available at:
https://lawcommons.lclark.edu/faculty_articles/291
Comments
This article is scheduled to be published in 2026. The pre-publication version linked from this repository is dated March 31, 2025.