A Framework for Disclosing Juvenile Criminal Records in Private Sector Employment: Challenges in the Justice System and Policy Recommendations

Abstract

This qualitative research aims (1) to examine legal and policy challenges surrounding the disclosure of juvenile criminal records in Thailand, particularly their impact on employment opportunities, and (2) to design a disclosure framework that balances the protection of juvenile rights with the legitimate interests of private-sector employers. Data were collected through in-depth interviews and focus group discussions with key stakeholders from government agencies, private-sector organizations, and individuals with histories of juvenile offending. The findings reveal ambiguities in the legal framework, inconsistencies in administrative practices, and long-term implications on employment opportunities especially in the private sector, where criminal-record information is used without appropriate disclosure criteria or safeguards. These practices create substantial barriers to rehabilitation and reintegration. In response, this study proposes a structured framework emphasizing data classification, personal data protection, and mechanisms for public–private collaboration. Policy recommendations include establishing a juvenile record system separate from the adult criminal record registry, revision of fingerprinting procedures, incorporation of non-discrimination provisions in labor law, and promoting targeted employment support. The proposed model aims to promote a fair and balanced system aligned with the principles of the United Nations Convention on the Rights of the Child.