But is it volunteered?
I could argue that if you post drunken photos of yourself on Facebook, then you're effectively volunteering that information (whether you realise it or not) by publishing it to a public forum.
I don't think too many people would publicly publish (or wish to be published) their criminal history, so they're not volunteering that information.
I think it makes sense to have some limits on what potential employers can discover about candidates, even if they use their superior negotiating position to coerce candidates into to signing release forms and the like.
There needs to be a balance between the interests of employers and the wider community. Besides, have you considered that even past criminals needs jobs, otherwise they're just going to commit more crime for an income and you're effectively creating a professional criminal class.
