The United States has the highest rate of incarceration in the world, with approximately 0.74 percent of the population — 2,266,800 people — in prison as of the end of 2010, according to the Bureau of Justice Statistics. Approximately 7.1 million Americans were under correctional supervision as of year-end 2010. In 2010, nearly 10.2 million Americans were arrested, according to the FBI.

The use of criminal background checks in employment decisions can thus have far-reaching consequences for a significant portion of the population, and particularly for racial and ethnic minorities, whose rates of arrest and incarceration are disproportionately high.