I recently blogged about the concern around the use of credit checks in background screening, and whether that practice might keep good people out of jobs. Similarly, there is a concern that society will develop an underclass of criminals if we continue to keep rehabilitated ex-convicts out of work… and from this concern, the “ban the box” movement, which has gained real traction across the country.

So, what is the “Ban the Box” movement? Essentially, it is a movement that doesn’t mandate that employers must hire every person with a record… but it does seek to ban the question about previous convictions from an application. Why? To allow the rehabilitated person to have a chance at securing an interview—which their conviction likely would deny. At its core, from the humane perspective, this doesn’t seem to be such a bad idea, right?

It’s not. But employers have a responsibility to their employees, customers and other stakeholders to provide a safe and secure workplace… and this responsibility is in direct conflict with an ability to give everyone a “fair chance.” That being said, I suggest that with the help of a background screening partner, most employers can come to a realization that while not every position is appropriate for everyone… there is an appropriate position for everyone! We recommend discretion, caution… and compassion in the hiring process. Someone convicted for embezzlement may not be right for your controller position. But he may be okay for an account management role.

Currently, laws in Massachusetts, Connecticut and New Mexico prohibit you from asking about criminal history on initial applications, but they do allow you (in most cases) to ask about convictions after a conditional offer of employment has been extended. For the rest of you, we expect the movement to spread and gather steam in 2011. So the question is—what will you do? Ask or not?