The stigma of a criminal record in the labour market in Spain: An experimental study
| Author | Marti Rovira |
| DOI | 10.1177/2066220319843694 |
| Published date | 01 April 2019 |
| Date | 01 April 2019 |
| Subject Matter | Original Articles |
https://doi.org/10.1177/2066220319843694
European Journal of Probation
2019, Vol. 11(1) 14 –29
© The Author(s) 2019
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DOI: 10.1177/2066220319843694
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The stigma of a criminal
record in the labour market in
Spain: An experimental study
Marti Rovira
Universitat Pompeu Fabra, Spain and University of Oxford, UK
Abstract
The aim of this research is to determine whether the stigma of a criminal record
should be considered in understanding the precarious conditions of individuals with
convictions in the Spanish labour market. Previous studies have been unable to separate
this effect from other explanations such as low levels of education or the breakdown
of networks resulting from the conviction. Following Pager (2007), this study adopts
the experimental methodology of the audit tests, in which matched fictitious curricula
vitae, differing only in the mention of a conviction, are sent to real job offers, to verify
whether there is a difference in the number of responses to each CV. The results show
that skilled former offenders are discriminated in the Spanish labour market as a result
of the stigma of a criminal record.
Keywords
Criminal record, discrimination, employment, prison, stigma
Introduction
Most former offenders experience difficulty finding a job after release. International
research consistently shows that a criminal record is associated with lower salaries and
job instability (Apel and Sweeten, 2010; van der Geest et al., 2016; Visher and Kachnowsi,
2007). This association has also been detected previously in Spain (Alós-Moner et al.,
2011; Cid and Martí, 2012; Ríos and Cabrera, 1998).
The relationship between a former conviction and low wages and job insecurity is
concerning. Most criminological theories hold that employment, particularly high-
quality employment (Crutchfield, 2014; Uggen and Staff, 2001), is a key factor in
Corresponding author:
Marti Rovira, Department of Sociology, University of Oxford, 42-43 Park End Street, Oxford, OX1 1JD,
UK.
Email: marti.rovira@sociology.ox.ac.uk
843694EJP0010.1177/2066220319843694European Journal of ProbationRovira
2019
Original Article
Rovira 15
avoiding reoffending (Larrauri and Jacobs, 2013; Uggen and Staff, 2001). Previous
research has found that employment provides individuals with income to reach an
expected standard of living (Merton, 1938); fosters conventional values, attitudes and
behaviours (Sutherland and Cressey, 1978); strengthens pro-social contacts (Sampson
and Laub, 1993; Uggen and Staff, 2001) and facilitates the construction of an ‘optimis-
tic narrative’ and a positive self-image that encourages rehabilitation (Cid and Martí,
2012; Maruna, 2011).
In recent years, the stigma of criminal record has received growing attention in under-
standing the relative precarious employment conditions of former offenders (Bushway,
1998; Nagin and Waldfogel, 1995; Pager, 2007; Uggen et al., 2006; van der Geest et al.,
2016; Verbruggen, 2016; Western, 2002). On the one hand, a number of studies show that
different laws complicate the re-entry of ex-offenders in the labour market (Mauer and
Chesney-Lind, 2003). On the other, it has been underlined that contact with the criminal
justice system is an element that generates rejection in society (as stated by Goffman,
1990), leading recruiters to discriminate1 against persons with a criminal record (LeBel,
2008; Pager, 2007). This effect has arguably increased recently as a consequence of the
growth in attitudes related to the ‘culture of control’ (Cesaroni and Doob, 2003; Díez-
Ripollés, 2004; Garland, 2001).
The impact of this criminal stigma is concerning as it could constitute a ‘collateral
consequence’ of the effects established in the sentence, an ‘invisible punishment’ beyond
the one imposed by the court decision (Demleitner, 1999; Mauer and Chesney-Lind,
2003). From a criminological perspective, it has been suggested that the stigma of a
criminal record could be a barrier to reintegration (see, for example, Denver et al., 2017),
leading to a vicious circle of job insecurity, delinquency, contact with the criminal justice
system and further precarious employment (Western, 2002). Furthermore, stigmatisation
may affect not only the individual but also their family and community (Clear, 2008).
The importance of separating the effect of the stigma of a criminal record
from other explanations
Delimiting the effect of a criminal record2 is far from straightforward. Previous studies
have highlighted the problem of separating this effect from other potential explanations
for the association between the conviction and precarious employment (Pager, 2007;
Western, 2002).
First, selection effect theories state there is no causal relationship between a convic-
tion and job insecurity. Both variables are only correlated with each other. This correla-
tion arises because both variables are caused independently by the same factors. On the
one hand, these factors negatively impact the search for employment. On the other, sepa-
rately, these factors lead to a higher propensity towards deviant activity and subsequent
apprehension (Grogger, 1995; Loeffler, 2013; Ramakers et al., 2012). For instance,
Metcalf et al. (2001) find that the offender population exhibits problems of mental health
and drug abuse, homelessness, relationship problems, low level of qualifications, a his-
tory of unemployment and low self-esteem more frequently than the general population.
These factors could be related to a greater likelihood of committing an offence, and also,
independently, to precarious employment.
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