archives@tulane.edu / In this dissertation, I analyze the development and dissemination of state-level policies to prohibit colleges from considering criminal history for purposes of admissions otherwise known as ban the box in higher education. This research engages with practical and instructive questions of how individuals or coalitions can learn from other policy campaigns to strategically reduce the collateral consequences of criminal convictions. I conducted a collective case study of the first five states to introduce ban the box in higher education legislation, namely New York, Illinois, Maryland, Louisiana, and Washington. I used critical discourse analysis to analyze all available media and social media content to identify where legislation was filed and major stakeholders. I then transcribed and analyzed all available legislative hearings and interviewed key stakeholders to determine the dominant discourses within and across five states. The study found that legislators and advocates evoked the following arguments in opposition to ban the box in higher education: positive self/ negative other, paternalistic decision making, uselessness, and fear of the undeserving. In support, advocates and legislators used arguments that emphasized individual benefits, community benefits, and diversity. Advocates in support also presented personal testimony from formerly incarcerated students and alumni to humanize people with convictions. The findings illuminate possible strategies and barriers to passing supportive policy that reduces collateral consequences and limits the reach of the criminal legal system. / 1 / Annie Phoenix

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Unemployment among formerly incarcerated citizens is a complex problem that continues to grow. Previous reentry studies describe the collateral effects of incarceration on employment from the perspective of formerly incarcerated individuals, yet little academic research exists regarding reentry practitioners' perceptions of constraints during the job search process. Using Goldratt's theory of constraints as the foundation, the purpose of this case study of reentry and employment in a mid-Atlantic state was to explore from the perspective of practitioners, the types of constraints individuals with criminal records face during the job search process, the most difficult phase of the job search process, and recommendations on improving employment outcomes. Data for this study were obtained from 20 reentry professionals in Maryland, who completed an online, open-ended response survey. Data were inductively coded and subjected to thematic analysis procedure. The results showed that practitioners perceived the background check to be the most difficult phase in the job search process, and that external and environmental constraints such as employer bias and social stigma prevent individuals with criminal records from securing job offers. The results also showed that reentry professionals support automatic record expungement, record shielding, employer partnerships, and employment programming that provides job leads, resume building, and mock interview assistance. The positive social change implications stemming from this study include policy recommendations to policy makers to include centralizing and expanding the location of statewide employment centers, record shielding under the Second Chance Act, and fair education access through Ban-the Box for state colleges.