Secondly:
I don't understand all the hatred here. Who, exactly, is this going to prevent from getting a job? People who were honest in their application when asked about prior convictions/etc, or people who lied?
Why should businesses be forced to hire people who lie about past misdeeds? There's a perfectly reasonable way for people who have done bad things, and been "PUNISHED BY THE COURT SYSTEM") to handle it: you tell the employer "x years ago I was convicted of X bad thing. I was guilty, but I learned from the experience and changed. Here are three character references who have known me both before and after, and I'm happy to tell you more about this if you want to know".
If you are honest in your application, a background check will only corroborate your truthfulness. And if you're not, why should we as a society object to someone taking that into account when considering whether to trust you?