Contrast between Spain and the Netherlands in the hidden obstacles to re-entry into the labour market due to a criminal record

This article aims at analysing the differences between European countries in the obstacles ex-offenders face due to having a criminal record. First, a comparative analytical framework is introduced that takes into account all the different elements that can lead to exclusion from the labour market by the dissemination of criminal record information. This model brings together social norms (macro level), social actors (meso level) and individual choices (micro level) in the same framework. Secondly, this model is used to compare the different impact of having a criminal record in Spain and the Netherlands. This comparison highlights three important findings: (1) the difference between norms of transparency/privacy and inclusive/exclusive ideals, (2) the significant role of social control agents, such as probation agencies and the ex-offenders’ social network, in shaping the opportunities that they have, and (3) self-exclusion seems to be a key mechanism for understanding unsuccessful re-entry into the labour market.Marti Rovira’s research has been funded through the projects ‘Offender Supervision in Europe’ supported by COST (Grant IS1106), ‘La regulación de los antecedentes penales: efecto en el acceso al Mercado laboral de los jóvenes’ supported by the Research Grants RecerCaixa (Grant RecerCaixa 2013), ‘Penologia europea: La seva influència en el sistema de penes espanyol’ supported by AGAUR (Grant DURSI-AGAUR SGR2014 426) and ‘Ejecución y supervisión de la pena: Calidad de la intervención, legitimidad y reincidencia’ supported by the Spanish Ministry of Economy and Competitiveness and FEDER, EU (Grant DER2015-64403-P). Elina Kurtovic’s research is funded by The Netherlands Organisation for Scientific Research (NWO), project number 406-12-040