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Federal Agency Withdraws Proposal Requiring Disclosure of Participation in Diversion Program on Employment Applications

(Washington, DC) – Facing strong opposition from thousands of individuals and organizations, including TASC, the federal government withdrew in May its proposal to require disclosure of participation in a criminal justice diversion program on federal employment applications. The proposal, which was posted in February for comment by the Office of Personnel Management, would have represented an expansion of current requirements to disclose criminal convictions.

Criminal justice diversion programs—whether led by law enforcement, prosecutors, or courts—offer eligible individuals alternatives to the traditional trajectory into and through the justice system. These programs first emerged decades ago to address overburdened court dockets and recognize that traditional case handling wasn’t necessarily serving the best interests of society or the individuals directly involved, to deal with increasing incarceration costs and high numbers of individuals in need of treatment, and to prevent recidivism. Their emergence acknowledged the reality that a majority of sentenced people in jail or state prisons met criteria for substance use disorders, and half had indications of a mental health disorder. These conditions, which often co-occur with each other, typically are also accompanied by an array of other health and social service needs that can be better addressed in the community while still holding individuals accountable for their actions.

Diversion programs not only can help people access needed services, but also mitigate the barriers associated with justice system involvement. In particular, a criminal record—even for arrests that don’t result in convictions—can significantly exacerbate difficulties in securing employment, housing support, educational financial aid, and more. Diversion programs usually result in dropped charges or otherwise prevent a conviction on record when requirements are met.

TASC, along with more than 2,700 other individuals and organizations, expressed strong opposition to the proposal, through comments submitted to the federal government:

“We strongly oppose this proposed change because it would undermine a central goal of diversionary programs—the prevention of harmful and long-lasting collateral consequences, including barriers to gainful employment, that result from criminal conviction records and stand in the way of successful rehabilitation and community participation.…This rule change would undercut the will of prosecuting attorneys and courts operating diversion programs by compelling applicants to disclose their participation in them. It will effectively block the path to rehabilitation and employment for individuals, and harm not only them but also their families and communities.” 

“We join justice advocates across the country in lauding this reversal,” said TASC Policy Director Laura Brookes. “Diversion programs are critical in preventing the long-lasting collateral consequences of criminal records, and they are crucial in helping people access recovery services and reengage in positive ways with their family and community.”

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