Tuesday, January 12, 2021
Can a Juvenile Felon get Jobs in Healthcare?
Can a Juvenile Felon get Jobs in Healthcare?
Can a Juvenile Felon get Jobs in Healthcare?
I get this often from ex-offenders and felons with juvenile records who are looking for jobs. Contrary to what many people believe, juvenile records do not disappear when on reaches the age of adult. In many states, juvenile records are sealed. Sealed meaning they are hidden from the public. They will always be available, however, to the court system, law enforcement and government agencies. Since many jobs in health care require licensing or certifications there will be the question of can you be certified.You will have contact the medical licensing board in your state to see if your conviction will keep you from being certified or licensed.
I hope this helps
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Can a Juvenile Felon get Jobs in Healthcare?
Monday, January 11, 2021
Can Employers Refuse To Hire You Because Of Your Record?
by Michael Patrick Murphy, Jr.
Posted on January 07, 2021 in Discrimination, Labor and Employment
The Criminal History Record Information Act Protects Your Rights
Under ideal circumstances, once you’ve been convicted for a crime and served your sentence, your punishment should be over. You should be able to go on to build a new life and contribute to society in a positive way.
However, for many people with a criminal record, it can be exceedingly difficult to find a job—long after they’ve paid the price for their crime.
In Pennsylvania, the Criminal History Record Information Act is designed to protect people with a criminal record from workplace and hiring discrimination. Here’s how it works.
It Limits How Employers May Base Their Decisions on Your Record
Under the Pennsylvania Criminal History Record Information Act, an employer generally can’t use your criminal record as a factor in deciding whether or not to hire you.
There are exceptions. The employer can consider your criminal record as a factor in hiring if your crime directly relates to the job you applied for. For instance, if your crime involved money laundering, a bank can legally decide not to hire you for that reason.
There are certain jobs and careers where your criminal history may legally bar you from employment. For instance, people with certain felony convictions can be barred from working with children, the elderly, or adults with special needs.
Licensure requirements may specifically prevent individuals with certain crimes on their record from working in the field as well.
However, if the employer did use your criminal history as a reason not to hire you, they have to notify you of that in writing and explain their decision. This gives you a chance to bring litigation if you feel it’s necessary.
It Introduces Consequences for Discrimination
If you believe the employer violated the law in choosing not to hire you based on your record, you have the right to sue for damages.
Possible damages include a certain amount for each violation of the law, as well as punitive damages if the action is found to be purposeful. The employer may also be on the hook for your attorney’s fees and litigation costs.
What To Do if You Feel You Were Unlawfully Passed Over
If you feel an employer unlawfully used your criminal history as a reason not to hire you, you have recourse in court.
Talk to a knowledgeable attorney. An attorney can assess the situation, determine whether your rights were violated. Contact your local legal aid office where you may qualify for free assistance.
The information provided here does not constitute legal advice. It is intended for general purposes only. If you have questions about a specific legal issue, you should speak to an attorney.
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Can Employers Refuse To Hire You Because Of Your Record?
Tuesday, December 22, 2020
How to get your criminal record sealed or expunged in Pennsylvania
In the United States, there is an estimated total of between 70 million and 100 million people who have some type of criminal record. And for many of them, elements of everyday life such as finding an apartment or job, or applying for some types of public aid are often very difficult, if not impossible.
But depending on the charges or convictions on your record, and the length of time since your legal trouble began, you may be able to fully or partially clear your criminal record. But it’s not necessarily a straightforward process.
“Some people are able to navigate the process on their own,” says Jamie Gullen, supervising attorney with Community Legal Services of Philadelphia’s employment unit.
In Pennsylvania, the most common approach is filing a petition to have your record either expunged or sealed. But who is eligible, and how can you apply? Here is what you need to know:
What’s the difference between getting my record expunged and sealed?
The difference comes down to who can see your criminal record.
Sealing — or “limited access,” as it is known in Pennsylvania — only closes off your criminal records from public view, and doesn’t completely remove or destroy them. So, in some circumstances, they can still be accessed, such as by police, criminal court judges, and district attorneys, as well as by certain employers, (for example, if a job requires a federal security clearance).
If your record has been expunged or sealed, you no longer have to disclose that you have that record if you’re asked about it on things like housing or employment applications.
What types of records can be expunged?
Expungement is more limited, and applies to fewer kinds of records, Gullen says. Mostly, that means that only “non-conviction” records — records in which you were charged with a crime but not convicted of it — can be fully expunged.
Felonies and serious misdemeanors — such as those that involve violent crime and sexual offenses — generally cannot be expunged.
There are, however, a few other cases in which you can get a criminal records expunged, including:
Convictions for summary offenses, such as disorderly conduct and loitering, so long as you haven’t been arrested for five years since being convicted.
Crimes for which you completed a special program, such as the Accelerated Rehabilitative Disposition program, or the Small Amount of Marijuana Program.
If you are 70 years old or older and have been arrest-free for 10 years since being convicted, any conviction — misdemeanor or felony — on your record is eligible for expungement.
Additionally, Pennsylvania is one of the few states to offer “partial expungement,” meaning that, for example, if you were charged with 20 crimes and only convicted of one, the remaining 19 charges could be expunged.
What records are eligible to be sealed?
That’s a little more complicated. Pennsylvania has “automatic sealing” as part of our Clean Slate law, which doesn’t require you to do anything to have certain criminal records sealed. (Other records require that you file a petition, which requires some paperwork.
Generally, after certain periods of time, Pennsylvania’s Clean Slate law will automatically seal:
Non-convictions
Convictions for many second- and third-degree misdemeanors after 10 years without any further convictions
Summary offenses that are at least 10 years old.
(There is some overlap here with expungement, but even if your record is automatically sealed, you can still try to have it expunged if you need extra protections.)
Some convictions are automatically sealed but you can still petition the courts to seal it. Those, Gullen says, include some nonviolent first-degree misdemeanors, as well as some second- and third-degree misdemeanors. For example, if you have a second-degree simple assault charge, it may be eligible to be sealed if you file a petition, Gullen says.
In the past, to get your record sealed, you had to pay court fines and costs related to your case. But starting in January 2021, that rule doesn’t apply for petition-based sealing. And it’s been removed for automatic sealing starting in November 2021, according to CLS. (But if your case includes restitution, that must still be paid.)
“The rules around what is automated and what’s petition-based are quite complicated,” Gullen says. But one good resource is CLS’s MyCleanSlatePA.com website, where you can find guides and flowcharts that can help you determine your eligibility and options.
How can I get my record sealed or expunged?
The first step is to obtain your criminal record. You can find that on the MyCleanSlatePa.com site, or via the UJS Portal, which provides public access to court records, simply by entering in your own information. If nothing shows up, it’s possible that your record is already sealed, but if you need more assurance, you can get your full record from the Pennsylvania State Police via the “Request for Individual Access and Review” form.
From there, you can find whether you are eligible to have your record sealed or expunged. Then, Gullen says, the process for applying to have your record expunged or sealed is largely the same, just different paperwork. Both forms are available online, and require information like your name and address, as well as information about your records.
Next, you need to file the forms with the court in the county where your charges were filed. You have to pay a fee of $132 per form to file, (there can also be additional fees from the county where you are filing). If you are low-income, though, you may be able to file under an “In Forma Pauperis” status, which would waive any filing fees.
“In Philadelphia, once the petition is agreed to, it basically gets sent to a judge to sign off on, and the courts send that paperwork onto local and state police, and other agencies,” Gullen says. “It’s more complicated to figure out what’s on your record, and to figure out how to file everything than the actual processes after that.”
But if you need help, local legal aid organizations like CLS can review your record and go over your options. If you’re not in Philadelphia, PALawHelp.org can help you find your local legal aid group.
Can I get a pardon?
If your record can’t be sealed or expunged, that doesn’t mean that you are out of options. The remaining option is a pardon, which can be particularly helpful if you were convicted of a felony. A pardon allows you to say that you were never convicted of a crime if an employer asks. But they don’t automatically clear your record.
Getting a pardon is similar to filing for expungement or sealing, but you don’t have to pay a fee to apply, and you file directly to the Board of Pardons, not an individual county court.
The difficult part, Gullen says, is that you have to get court documents about your case — including the criminal complaint, plea or verdict and sentencing order — from the court in which the case was filed, and every county has a slightly different process to obtain those records.
Once you get your documentation and fill out your application, you should expect a lengthy wait. Gullen says that the process can take three to four years from start to end, so pardons generally don’t provide “immediate relief.”
Criminal Record - How YOU Can Get It SEALED Or EXPUNGED
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Monday, December 21, 2020
Ex-offenders and felons can consider tech careers
So my question is, is it possible to get a really good opportunity as a auto mechanic tech with decent money and to start my own business in that despite my background or will I have better chances sticking to HVAC. Brother, I'm at the crossroads on this. I don't have a problem educating myself for a better life. It's just, being correct in the education for the situation that is. I could seriously take some sound advice and suggestions from you. I really appreciate this outlet you have provided for me and others.
Thanks man!
Ex-offenders and felons can consider tech careers
A: Hello,
First of all, are you certain you cannot get a contractor's license? I meet too many ex-offenders and felons that assume that they are not eligible for certain types of employment because of their backgrounds. To be sure you can, contact the licensing board to inquire if your conviction prohibits you from being licensed. You can contact them here:
Division of Professions
Construction Industry Licensing Board
1940 North Monroe Street
Tallahassee, FL 32399-0783
http://www.myfloridalicense.com/dbpr/pro/cilb/index.html
With the large Hispanic population in Florida, there is opportunity for you to build a good HVAC business. Even if you choose an automotive career, you can either get a job working for larger automotive maintenance shops (Sears, Pep Boys, Strauss,) dealerships, independent garages or you could even start small and build a list of customers.
If you choose a job, be sure to let the employer know that you can be bonded. Ex-offenders and felons can be bonded by the Federal Bonding Program. Take a look at the videos below for more information.
Technical careers are a great alternative to jobs for felons and ex-offenders.
I hope this helps.
Jobs for Felons: What is the Federal Bonding Program?
Jobs for Felons: How to Get a Federal Bond
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Ex-offenders and felons can consider tech careers
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Monday, December 14, 2020
Jobs for Felons: Why Ex-Prisoners Struggle to Successfully Reintegrate into Society
By Dr. Michael Pittaro, Faculty Member, Criminal Justice at American Military University
Every week, more than 10,000 prisoners are released from America’s state and federal prisons, equating to more than 650,000 ex-prisoners annually reintegrating into society, according to the U.S. Department of Justice. However, recidivism rates are extremely high with approximately two-thirds of ex-prisoners being rearrested within three years of release, according to the Recidivism Center. It’s estimated that nine million offenders return to prison annually.
It’s clear that there’s not enough support to help ex-prisoners stay out of the correctional system. This is just one element sustaining the disproportionate incarceration of African American males. The likelihood of an African American male being sentenced to prison in his lifetime is one in three, whereas for a Caucasian male it is one in 17, according to The Huffington Post. Similarly, African American females are being sentenced to prison at a far greater rate than Caucasian females.
The criminal justice system needs more resources to improve reintegration efforts and help ex-offenders find adequate jobs and housing so they’re less likely to re-offend. Helping ex-prisoners successfully reintegrate into society will not only reduce costly recidivism rates, but, in many cases, will help break the intergenerational cycle of criminality.
Improving Housing Options for Ex-Prisoners
Most ex-prisoners will return to the same communities they lived and socialized in before their arrest. In many cases, these are neighborhoods that have high rates of poverty and crime, leaving many residents feeling disenfranchised from society with little access to social support programs.
In a prior publication, “Prisoner Reintegration Challenges of Assimilation and Crime Desistance,” I concluded that most ex-prisoners returning to these communities will face uncertainty over their future and animosity from a predominantly unforgiving society, as well as a multitude of personal, social, and legal barriers that prevent them from leading law-abiding lives.
Finding safe and affordable housing is difficult for ex-prisoners who often face limitations on where they can live. Many times, low-income public housing is their only choice. These housing developments are often overrun with drugs, gang violence, and other criminogenic factors. Private housing is often not an option because ex-prisoners are exclusively barred from the private housing market due to the stigma of being an ex-felon.
In some cases, even the public housing market has banned ex-prisoners from renting or leasing an apartment, which can happen if the criminal conviction was drug-related, a sexual offense, or a crime of violence as outlined in the exclusionary policies of the U.S. Department of Housing and Urban Development. If ex-prisoners are forced to return to the same destructive environment that contributed to their initial incarceration, they will often submit to the same temptations and reoffend.
Barriers to Employment for Ex-Prisoners
Along with obtaining suitable housing, finding and maintaining employment can greatly improve an ex-prisoner’s odds of leading a crime-free, productive life. However, ex-prisoners face the society-wide stigma of being an ex-convict, which severely limits the number of sustainable job opportunities available to them.
Many employers conduct criminal history checks on prospective employees and reject anyone with a criminal history. In a somewhat dated, yet significant Urban Institute study from 2003, more than 90 percent of employers surveyed were willing to consider filling job vacancies with welfare recipients, while only about 40 percent were willing to consider hiring an ex-prisoner.
Companies in the retail and service sector that require contact with customers are among the most unlikely to consider hiring a convict. Employer reluctance is greatest when the offense in question was a violent one and least when it was a nonviolent drug offense.
Many ex-prisoners are limited to working inconsistent, low-wage jobs – such as in construction or manufacturing – that make it incredibly difficult to support themselves and their families. In addition, ex-prisoners are often mandated to pay further penalties including parole supervision fees, court costs, restitution, child support, drug-testing fees, counseling fees, and more.
To complicate matters further, finding employment opportunities can be especially challenging because many offenders have limited work histories. According to the Bureau of Justice Statistics, more than one third of all prisoners were unemployed at the time of arrest.
Educational Obstacles to Finding Employment
The National Reentry Resource Center concluded that only about half of incarcerated adults have a high school degree or its equivalent, compared with 85 percent of the adult population. In Prisoner Reintegration Challenges of Assimilation and Crime Desistance, I noted that most ex-prisoners do not have viable, marketable job skills, or sufficient literacy to obtain gainful employment.
To compound matters, many prisoners have a learning disability. According to Joan Petersilia, 11 percent of prisoners have a documented learning disability compared with only 3 percent of the general adult population.
While there are some educational opportunities available to inmates while they are imprisoned, only one third of all prisoners choose to participate. Educational programming, including specific classes that focus on GED preparation, adult basic education, and learning English as a second language, would collectively improve odds of employment.
There’s no doubt that more must be done to help break down the barriers that hinder ex-prisoners from leading law-abiding and productive lives. Helping them find adequate housing and providing educational opportunities that leads to gainful employment are all critical to successful reintegration and reductions in recidivism. However, ultimate change must come from the offender. The ex-prisoner can break the cycle of criminality only by changing his or her unlawful ways. Ex-prisoners must abstain from crime, substance abuse, and other problematic areas which put themselves at risk. They must also seek out opportunities to improve their situation and put in the work and effort to lead productive and lawful lives.
About the Author: Dr. Michael Pittaro is an Assistant Professor of Criminal Justice with American Military University and an Adjunct Professor at East Stroudsburg University. Dr. Pittaro is a criminal justice veteran, highly experienced in working with criminal offenders in a variety of institutional and non-institutional settings. Before pursuing a career in higher education, Dr. Pittaro worked in corrections administration; has served as the Executive Director of an outpatient drug and alcohol facility and as Executive Director of a drug and alcohol prevention agency. Dr. Pittaro has been teaching at the university level (online and on-campus) for the past 15 years while also serving internationally as an author, editor, presenter, and subject matter expert. Dr. Pittaro holds a BS in Criminal Justice; an MPA in Public Administration; and a PhD in criminal justice. To contact the author, please email IPSauthor@apus.edu. For more articles featuring insight from industry experts, subscribe to In Public Safety’s bi-monthly newsletter.
Jobs for Felons: Five Places Felons Can Find Jobs - Get a Job Quickly!
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Jobs for Felons: Why Ex-Prisoners Struggle to Successfully Reintegrate into Society
Eric Mayo
