Criminal records and employment restrictions in Argentina: Between post-sentence discrimination and resistance strategies

Abstract

The current growth of criminal background screening for non-criminal justice purposes observed in the Global North is also found in Latin America. The aim of this article is twofold. First, it contextualises, analyses and discusses recent changes in criminal record policies in Latin American jurisdictions. Second, the article focuses on Argentina – a jurisdiction that has not passed any significant reforms to mitigate the disclosure and the effects of criminal records for employment purposes. Specifically, attention is devoted to worker co-operatives created and owned by people with a criminal record – a strategy specifically designed to overcome post-sentence discrimination in the employment setting. Through the analysis of semi-structured interviews conducted with members of Argentine worker co-operatives, we explore the reasons behind the establishment of these organisations as well as their advantages in terms of reintegration and desistance from crime. The article concludes by examining the extent to which this ‘resistance strategy’ against stigma and discrimination in the labour market can be replicated in other countries of the region.