People with criminal records can be discouraged from exploring higher education long before the point of application.
What is the chilling effect?
For some, having a criminal record can feel shameful. Societal attitudes to criminal records can exacerbate this feeling of shame, and can lead people to internalise an expectation of failure. Seeking new employment, or opportunities for personal development, can feel pointless. Many assume that they will be judged purely on the basis of their criminal record, rather than for their skills, character or intrinsic value.
The experience of disclosing a criminal record can range from being annoying, embarrassing, or retraumatising. The difficulty of disclosing a criminal record does not necessarily correlate with the seriousness of the original offence. We hear regularly from people who avoid disclosure for relatively minor infractions such as not paying bus fares or petty theft.
For some people, the period in their lives in which they received a criminal record was especially challenging. In general, open conversations about criminal records are rare. This can mean that those who hold them feel that they are alone. We know this is not the case; roughly one in six people in England and Wales have a criminal record. It is understandable, therefore, that many people avoid situations in which they may have to disclose or contextualise their criminal record.
“The main one is embarrassment – it has put me off going for certain jobs and voluntary positions. Even though I know it shouldn’t count against me I don’t want to put myself through an awkward situation of having to go over a single incident that happened in my youth.”
Why does this matter in higher education?
We know that the chilling effect can discourage people from considering higher education. People with criminal records report assuming that higher education simply ‘isn’t for them’. This can all happen before someone even considers an application. For those who do explore their higher education options, the process of application itself can be discouraging.
Prospective applicants report feeling that their academic achievements will be considered secondarily to an assessment of their character, because they have a criminal record.
There are some simple, practical ways to avoid posing this barrier to prospective applicants. Higher education providers should first ensure that they give information that is direct and accessible for people with criminal records. It should explain if, when and how a criminal record may affect access to that institution.
Higher education providers should make clear that people with criminal records are welcome. If there are instances in which a particular criminal record would pose an unnavigable barrier for access or success on certain courses, this should be clearly explained too.
