Criminal records and post-prison employment in Ghana: Formal and informal means of performing criminal background checks
| Published date | 01 September 2023 |
| DOI | http://doi.org/10.1177/17488958231161429 |
| Author | Frank Darkwa Baffour,Abraham P Francis,Mark David Chong,Nonie Harris |
| Date | 01 September 2023 |
https://doi.org/10.1177/17488958231161429
Criminology & Criminal Justice
2023, Vol. 23(4) 629 –647
© The Author(s) 2023
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DOI: 10.1177/17488958231161429
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Criminal records and
post-prison employment in
Ghana: Formal and informal
means of performing criminal
background checks
Frank Darkwa Baffour
The University of Newcastle, Australia
Abraham P Francis
James Cook University, Australia
Mark David Chong
James Cook University, Australia
Nonie Harris
James Cook University, Australia
Abstract
This article contributes to the discussion on criminal record-keeping and post-prison employment
from the perspective of a developing country. We present and discuss the results of a qualitative
research based on interviews with 13 employers in Ghana about the use of criminal background
checks in the hiring process. Data suggest a perceived lack of trust towards formerly incarcerated
individuals primarily rooted in traditional cultural and moral values. Participants perceived that
being associated with people with a criminal record is largely disapproved at the societal level.
As a result, formerly incarcerated individuals are discriminated against in the employment setting.
We also found that community dynamics and relations manage to overcome the lack of accuracy
and reliability of state-provided criminal history information. Due to the absence of reliable
access to criminal records through official channels, employers resort to informal means relying
Corresponding author:
Frank Darkwa Baffour, The University of Newcastle, Callaghan, NSW 2308, Australia.
Email: frank.baffour@newcastle.edu.au
1161429CRJ0010.1177/17488958231161429Criminology & Criminal JusticeBaour et al.
research-article2023
Special Issue: Collateral Consequences of Criminal Records
630 Criminology & Criminal Justice 23(4)
on community ties to get access to information about the past and character of job applicants.
We conclude by discussing the implications of our findings for research, policy and practice.
Keywords
Criminal background checks, criminal records, employment discrimination, prisoner re-entry,
qualitative research
Introduction
The widespread use of criminal background checks by employers to screen job appli-
cants and the subsequent discrimination in the employment setting among formerly
incarcerated individuals have raised, especially over the past two decades, scholarly con-
cerns in the Global North (Myrick, 2013; Rovira, 2022; Selbin et al., 2018; Stoll and
Bushway, 2008; Uggen et al., 2014). Through an experimental field study, Pager (2003:
690) demonstrated that ‘mere contact with the criminal justice system . . . severely limits
subsequent employment opportunities’ for individuals with a criminal record. Background
checks have now become a routine process in most Western jurisdictions, oftentimes
even explicitly endorsed at the legislative level (Harris and Keller, 2005; Rovira, 2022).
In contrast, literature in African countries has thus far remained for the most part silent
on the effects of criminal background checks on hiring decisions. However, some evi-
dence exists suggesting that formerly incarcerated people, in particular, are discrimi-
nated against in securing legal employment due to their status (Baffour et al., 2021;
Dako-Gyeke and Baffour, 2016; Mujuzi and Tsweledi, 2014; Wiafe, 2021).
Mujuzi (2014) indicated that some constitutional provisions in South Africa impose
limitations on individuals with criminal records to hold positions in the security sector or
become financial advisors and disqualify those with traffic offence records from apply-
ing for or renewing their professional driver’s licence. In Mauritius, rules have been
adopted that mandate the termination of employees’ contracts if their criminal record is
revealed (Mujuzi, 2015). In Ghana, the Constitution states that a person shall not be eli-
gible to hold positions of trust, such as a member of parliament if they have been incar-
cerated for ‘. . . fraud, dishonesty or moral turpitude . . .’ (Government of Ghana, 1993:
40). Moreover, the above-mentioned legal provisions (particularly the case of Ghana)
seem to be over-inclusive since any act that results in a conviction could be interpreted
as dishonesty and provide grounds for employers to discriminate against individuals with
criminal records. Furthermore, unlike Mauritius, Ghana does not have designated legis-
lation on collateral consequences and how people with a criminal history should be re-
integrated into the job market. To this end, the decision to employ formerly incarcerated
people is at the discretion of employers, which can be unfairly used.
This article focuses on this emergent non-criminal justice use of criminal records in a
previously unexplored setting in the Global South: the West African country of Ghana.
First, a description is provided of the issues relating to criminal record-keeping in Ghana
by governmental institutions. Next, the methods for exploring the use of criminal back-
ground checks on hiring decisions in this under-researched jurisdiction are outlined,
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