(1) An estimated 70,000,000 Americans have 
some type of arrest or conviction record that would 
appear in a criminal background check. 
(2) Each year, more than 600,000 people re-
turn to society from State or Federal prison. 
(3) Nearly 11,000,000 Americans are admitted 
to city and county jails each year, with an average 
daily population of more than 700,000 people. 
(4) An estimated 2,100,000 youth under the 
age of 18 are arrested every year in the United 
States. 
(5) 1,700,000 juvenile delinquency cases are 
disposed of in juvenile courts annually. 
(6) Juvenile records are not always confidential; 
many States disclose information about youth in-
volvement with the juvenile justice system or do not 
have procedures to seal or expunge juvenile records. 
(7) The compounding effects of collateral con-
sequences due to criminal justice involvement hinder 
the ability of individuals to reenter society success-
fully. 
(8) People of color and low-income people are 
disproportionately impacted by the collateral con-
sequences of criminal justice involvement. 
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(9) Incarceration leads to decreased earnings, 
unemployment, and poverty. 
(10) Upon reentry, lower educational attain-
ment, a lack of work skills or history, and the stig-
ma of a criminal record can hinder a formerly incar-
cerated person’s ability to return to their commu-
nities successfully. 
(11) One way to improve reentry outcomes is to 
increase educational opportunities for people with a 
criminal or juvenile justice history. 
(12) By reducing rearrests and reconvictions, 
and by increasing educational attainment, formerly 
incarcerated individuals are better situated to find 
stable employment, contributing to their commu-
nities. 
SEC. 3. BEYOND THE BOX FOR HIGHER EDUCATION. 
Part B of title I of the Higher Education Act of 1965 
(20 U.S.C. 1011 et seq.) is amended by adding at the end 
the following: 
‘‘SEC. 124. BEYOND THE BOX FOR HIGHER EDUCATION. 
‘‘(a) TRAINING AND TECHNICAL ASSISTANCE.— 
‘‘(1) IN
GENERAL.—The Secretary, acting 
through the Office of Policy, Planning, and Innova-
tion of the Office of Postsecondary Education of the 
Department and with consultation from the Depart-
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ment of Justice and relevant community stake-
holders, shall issue guidance and recommendations 
for institutions of higher education to remove crimi-
nal and juvenile justice questions from their applica-
tion for admissions process. 
‘‘(2) GUIDANCE AND RECOMMENDATIONS.—The 
guidance and recommendations issued under para-
graph (1) shall include the following: 
‘‘(A) If an institution of higher education 
collects criminal or juvenile justice information 
on applicants for admission, it is recommended 
that the institution determine whether this in-
formation is necessary to make an informed ad-
mission decision and whether it would be appro-
priate to remove these questions from the appli-
cation. 
‘‘(B) If an institution of higher education 
determines that it is appropriate to remove 
criminal or juvenile justice questions from the 
institution’s application for admissions process, 
it is recommended that the institution comply 
with the following: 
‘‘(i) If criminal or juvenile justice 
questions are necessary for the other as-
pects of the institution’s interactions with 
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applicants, identify those specific inter-
actions in which it is appropriate to ask 
such questions. 
‘‘(ii) In nonadmissions interactions, 
inquire about criminal or juvenile justice 
history transparently and clearly inform 
applicants as early as possible how to re-
spond to the inquiry. 
‘‘(iii) 
In 
nonadmissions 
inquiries 
about criminal or juvenile justice history, 
ensure the questions are specific and nar-
rowly focused, and make it clear that an-
swering the questions may not negatively 
impact applicants’ chances of enrollment. 
‘‘(iv) In nonadmissions inquiries about 
criminal or juvenile justice history, give ap-
plicants the opportunity to explain criminal 
or juvenile justice involvement and pre-
paredness for postsecondary study. 
‘‘(v) Provide staff of the institution 
who have access to a prospective or current 
student’s criminal or juvenile justice his-
tory, the necessary and proper training on 
the effective use of criminal or juvenile jus-
tice history data, including the problems 
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associated with this information, the types 
of supporting documents that may need to 
be obtained, and the appropriate privacy 
protections that must be put in place. 
‘‘(C) If an institution of higher education 
determines that it is necessary to inquire about 
the criminal or juvenile justice history of appli-
cants for admission, it is recommended that the 
institution comply with the following: 
‘‘(i) Delay the request for, or consid-
eration of, such information until after an 
admission decision has been made to avoid 
a chilling effect on applicants whose crimi-
nal or juvenile justice involvement may ul-
timately be determined irrelevant by the 
institution. 
‘‘(ii) Provide notice and justification 
for applicants within 30 days if, upon re-
ceiving information regarding applicants’ 
criminal or juvenile justice involvement, 
the admission to the institution is denied 
or rescinded based solely on the applicant’s 
criminal or juvenile justice involvement. 
‘‘(iii) Inquire about criminal or juve-
nile justice history transparently and clear-
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ly inform applicants as early as possible in 
the application process how to respond to 
the inquiry. 
‘‘(iv) Ensure the questions are specific 
and narrowly focused. 
‘‘(v) Give applicants the opportunity 
to explain criminal or juvenile justice in-
volvement and preparedness for postsec-
ondary study. 
‘‘(vi) Provide admissions personnel, 
registrars, and any other relevant staff of 
the institution, as well as any other staff 
that should have access to a prospective or 
current student’s criminal or juvenile jus-
tice history, the necessary and proper 
training on the effective use of criminal or 
juvenile justice history data, including the 
biases or limitations associated with this 
information, the types of supporting docu-
ments that may need to be obtained, and 
the appropriate privacy protections that 
must be put in place. 
‘‘(3) TRAINING AND TECHNICAL ASSISTANCE.— 
‘‘(A) IN GENERAL.—The Secretary, acting 
through the Office of Postsecondary Education 
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ployment or licensure, and provided assist-
ance to respond to these barriers. 
‘‘(b) RESOURCE CENTER.—The Secretary shall de-
velop a resource center that will serve as the repository 
for— 
‘‘(1) best practices as institutions of higher edu-
cation develop and implement practices aligned with 
the recommendations described in subsection (a)(2) 
to ensure the successful educational outcomes of stu-
dents with criminal or juvenile justice histories; and 
‘‘(2) supplemental research on criminal and ju-
venile justice-involved individuals and postsecondary 
education.’’. 
SEC. 4. FINANCIAL AID. 
Section 483(a) of the Higher Education Act of 1965 
(20 U.S.C. 1090(a)) is amended by adding at the end the 
following: 
‘‘(13) RESTRICTION ON QUESTION OF CONVIC-
TION
FOR
POSSESSION
OR
SALE
OF
ILLEGAL 
DRUGS.—Notwithstanding any other provision of 
law, the Secretary shall not include on any form de-
veloped under this section, a question about the con-
viction of an applicant for the possession or sale of 
illegal drugs.’’. 
Æ 
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