Education is the gateway to opportunity. Unfortunately, not everyone in the United States has keys to that gateway. In Louisiana, one out of every eighty-six adults is behind bars. The state is often dubbed “the world’s prison capital” as it holds more prisoners than anywhere else in the world. With some of the toughest sentencing laws in the country, those who face incarceration stand to miss out on many opportunities, particularly in education. Louisiana is one of five states to pass ban the box legislation on college applications, highlighting its leadership in advancing justice and access to higher education.
Without higher education, previous offenders, including formerly incarcerated students and incarcerated students, stand little to no chance at climbing out of the circumstances that hold them back. As a result, many remain in poverty and resort to their previous lifestyle as a form of survival. Furthermore, when previous criminals are not able to pursue education, whether it’s technical or formal, their children are more likely to follow in their footsteps and lead a life of crime as well. The new law affects all public state university campuses across Louisiana, ensuring that justice-impacted individuals have greater access to educational opportunities.
Recently, the state of Louisiana has taken notice of this issue and decided to take action. Louisiana recently broke a barrier to education by becoming the first state in the nation to pass ban the box on applications for public universities, through a house bill passed by the Louisiana House. Annie Freitas, Program Director with the Louisiana Prison Education Coalition, was a key advocate who helped develop this policy, drawing on her lived experience with the criminal justice system.
The legislation aims to remove barriers for justice-impacted individuals, including those with conviction histories and criminal convictions, and aligns with efforts under the Higher Education Act and guidance from the Department of Education. While the law removes questions about most felony convictions, exceptions remain for violent offender cases as specified in the house bill. This move also follows national trends, such as the Common App dropping criminal history questions and the removal of such questions from the free application for federal student aid (FAFSA), expanding access to federal student aid and financial aid. The law benefits not only formerly incarcerated students but also other students by fostering a more inclusive campus environment. Additionally, it impacts access to housing and financial aid for justice-impacted students, and highlights the ongoing challenges faced by those without a high school diploma in pursuing higher education.
- How Obstacles to Higher Ed Stifle the Reintegration of Inmates
- New Louisiana Law Prevents Colleges from Showing Bias
- What Opportunities Lie Ahead for Public Offenders?
- Louisiana Defense Attorneys Committed to Serving the Community
Introduction to Ban the Box
The Ban the Box movement is transforming the landscape of college admissions across the United States. By advocating for the removal of the felony record checkbox from college applications, this initiative aims to break down barriers that have long prevented individuals with criminal records from accessing higher education. The goal is simple: give formerly incarcerated people a fair chance to pursue higher education and rebuild their lives. With the passage of the new law, Louisiana has become the first state to ban the box on college admissions applications, setting a powerful example for other states and institutions. By eliminating questions about criminal history from the admissions process, the law opens doors for countless individuals who are ready to move forward, pursue education, and contribute positively to their communities.
How Obstacles to Higher Ed Stifle the Reintegration of Inmates
Higher education breaks down barriers. However, individuals with conviction histories, including felony convictions, face significant barriers to higher education due to institutional and societal discrimination. Employers are less likely to hire those without college degrees when there’s a large pool of college-educated candidates from which to choose when filling a position; yet, there are as many Americans with criminal records as those with college diplomas.
After being released from prison or jail, many formerly incarcerated students and incarcerated students seek higher education to better themselves and attract new opportunities for growth. Many of these individuals also lack a high school diploma, which further limits their opportunities for employment and social integration. Unfortunately, 70% of colleges in the United States require applicants to disclose whether they have committed a crime by having them check off the felony record checkbox, creating significant hurdles for those with criminal convictions. Including the lived experience of justice-impacted individuals in policy discussions is crucial to remove barriers and promote justice. Efforts to pass ban the box legislation and pass laws that remove criminal history questions from college applications are important steps to address these barriers. Creating more inclusive policies not only supports justice-impacted students but also benefits other students by fostering a diverse and equitable campus environment.
Background on Higher Education and Admissions Barriers
For many, higher education is the key to unlocking new opportunities and changing the trajectory of their lives. However, the requirement for applicants to disclose their criminal record on college applications has served as a significant barrier for those seeking a second chance. Nearly 70% of colleges and universities across the country ask about criminal history, and about a third of these institutions deny admission based on that information alone. This practice not only limits access to education but also perpetuates cycles of disadvantage, especially for African Americans, who are disproportionately affected by arrests and longer sentences for minor crimes. The Ban the Box movement seeks to challenge this practice, advocating for equal access to education and other opportunities, regardless of an applicant’s past. By removing the box, colleges and universities can help ensure that a criminal record does not define a person’s future or limit their potential to lead a fulfilling life.
New Louisiana Law Prevents Colleges from Showing Bias
About one-third of colleges that look into applicants’ criminal records report denying applicants entry because of those records. Too often, college applicants fail to complete lengthy applications because they lose hope that their criminal history, conviction, or conviction histories will prevent them from receiving fair consideration. This keeps those with a criminal record or criminal convictions in a continuous loop of discouragement and disappointment. The practice also disproportionately bars African Americans from pursuing higher education, since, statistically, police are more likely to arrest them for minor crimes. When they do serve time, African Americans serve longer sentences. Ex-felons and formerly incarcerated students are also more likely to reoffend when they encounter education roadblocks, which may increase the demand for tax-funded rehabilitation programs.
Recently, Louisiana passed legislation through House Bill 688, which was enacted by the Louisiana House, to address these barriers. The new law removes questions about most criminal convictions and conviction histories from the admissions process at all public state university campuses in Louisiana, except in cases involving a violent offender. While this law removes significant barriers in admissions for formerly incarcerated students, questions related to financial aid and housing may still be asked. The Department of Education plays a key role in implementing this new policy to ensure greater access and inclusion across campuses.
With information regarding your previous incarceration withheld from colleges, institutions will be forced to make decisions on enrollment based upon other eligibility factors. This will benefit prior inmates and formerly incarcerated students, as many of them will not only be able to pursue an advanced degree but apply for scholarships as well.
Policy Details: What the Law Actually Changes
Louisiana’s new law marks a significant shift in the college admissions process for public postsecondary institutions. Under this legislation, colleges and universities in the state are no longer allowed to ask about an applicant’s criminal history during the initial admissions process, with a few important exceptions. Applicants who have been convicted of stalking or violent sexual crimes are still required to disclose these convictions. For everyone else, the removal of criminal history questions means that formerly incarcerated people can apply to college without fear of automatic rejection based on their past. The law also introduces an appeals process for those denied admission under the exceptions, ensuring fairness and transparency. By removing this barrier, Louisiana’s new law is expected to increase access to higher education, giving more individuals the opportunity to pursue their goals, improve their lives, and contribute to their communities.
Implementation in New Orleans: A Local Case Study
In New Orleans, the impact of the Ban the Box law is already being felt. Local colleges and universities, including Tulane University, have embraced the new policy, working to ensure that students with criminal records have the support they need to succeed. The city has seen a noticeable rise in applications from individuals with criminal histories, many of whom cite the removal of the criminal history question as a key reason for pursuing higher education. Institutions are also expanding support services, such as counseling and academic advising, to help these students thrive on campus. The success of the Ban the Box law in New Orleans demonstrates how removing barriers can empower individuals, strengthen communities, and serve as a model for other cities and states looking to create more inclusive educational environments.
What Opportunities Lie Ahead for Public Offenders?
By preventing public institutions from inquiring about criminal activity, Louisiana helps remove barriers for formerly incarcerated students and incarcerated students seeking higher education. This law addresses one of the toughest challenges faced by individuals with a conviction or criminal convictions, supporting their efforts to access opportunities and reintegrate into society. However, many justice-impacted individuals still face challenges due to lacking a high school diploma, which the new law does not address directly.
Higher education helps break down the cycle of poverty that many former inmates are a part of, but policies shaped by the lived experience of justice-impacted individuals are crucial for promoting justice and inclusion. Ongoing efforts to pass ban the box legislation and pass legislation in other states aim to further remove barriers for these students. Creating more inclusive policies not only benefits formerly incarcerated students but also enriches the experiences of other students and strengthens campus communities.
Furthermore, when adults with a criminal record obtain a college degree, the children of ex-prisoners are likely to pursue higher education as well. With the backing of a college degree, there’s no limit to what previous offenders can achieve.
National Implications: Could Louisiana Lead a Trend?
Louisiana’s decision to ban the box on college applications is already inspiring change beyond its borders. States like California and New York are considering similar legislation, and the momentum behind the Ban the Box movement continues to grow. By increasing access to higher education for individuals with criminal records, these policies have the potential to transform lives, reduce recidivism, and strengthen society as a whole. As more states and institutions follow Louisiana’s lead, millions of Americans could gain the opportunity to pursue higher education, build new careers, and contribute positively to their communities. The ripple effect of this new law could mark a turning point in how the country views education, rehabilitation, and the power of a second chance.
Louisiana Defense Attorneys Committed to Serving the Community
While education may be more accessible post-incarceration, there is no guarantee that prospective employers will show more leniency when considering applicants with a criminal history. Particularly if you’re accused of a felony offense, working with a veteran criminal defense lawyer in Louisiana is paramount to your future success.
If you’re facing charges for a criminal offense, call The John D. & Eric G. Johnson Law Firm at 318-377-1555 for a free case evaluation. Eric G. Johnson and his team are committed to excellence and believe in fighting for you when you need it most. All of our lawyers are members of the Louisiana Bar Association and the National Association of Criminal Defense Lawyers.