I have no problem hiring ex-offenders. But they’re being let down

Originally published at TheGuardian.com, Gene Marks, @genemarks

I don’t care if a candidate for my company’s open position has a criminal record. But I do care about something more important.

My company is hoping to hire a part-time person to implement and support some of the software applications we sell. Like most small business owners, finding someone isn’t easy in this tight labor market, despite all the recent tech industry layoffs. I can’t afford to pay what some of these people earn – or were earning – in Silicon Valley and therefore my choices are limited. So, what to do?

How about hiring someone with a criminal record?

A portrait of a man with a graying beard wearing a black skull cap.

Sentenced to life for stealing $14: ‘I needed help, but was given jail’

Large corporations including JP Morgan Chase, American Airlines, AT&T and CVS have been doing it for years. State and federal prison systems offer all sorts of opportunities for employers to hire people who were formerly incarcerated. It’s not a bad bet either: studies – like this one – show that people with criminal records are no more likely to quit or be fired than anyone else.

States like Iowa and cities like Philadelphia offer cash incentives to employers who hire ex-convicts. The federal government also offers a very generous tax credit – the Work Opportunity Tax Credit – for hiring people who recently got out of prison. A number of non-profits like Honest Jobs, CareerAddict, 2ndChances4Felons and the Women’s Prison Association connect employers to prospective employees with criminal records or offer programs that help the process. The Department of Labor offers assistance through its CareerOneStop platform.

"You pay your dues and should be allowed to live your life. Most of my clients feel the same. So does the general public."

I wouldn’t have a problem filling my open position with an ex-felon or someone with a criminal record. People mess up. Some more seriously than others. But you pay your dues and should be allowed to try to live your life. Most of my clients feel the same. And so does the general public. In fact, a person’s criminal history has become so trivial that although employers can ask a prospective candidate about it during pre-employment screenings or background checks, many states do not allow that employer to discriminate based on their findings.

So no, I don’t care if a candidate for my company’s open position has a criminal record or is an ex-felon. But I do care about something that, to me, is even more important.

Can they read?

It’s one thing for all of these government programs and non-profit organizations to help ex-felons secure employment. But are they even qualified?

There are 10m open jobs in the US – hence the tight labor market – but employers are primarily looking for skilled workers. Most of my clients, like me, need workers who have knowledge. And if they don’t have the knowledge, they need to be able to learn, study and research. You can’t do this if you don’t read.

Many studies, like this one from 2003 by the Urban Institute, found that about 70% of offenders and ex-offenders are high school dropouts. About half are “functionally illiterate”, meaning they can’t read above a fourth-grade level.

Worse, statistics show that 85% of all juveniles who interface with the juvenile court system are essentially illiterate. Penal institution records show that inmates have a 16% chance of returning to prison if they receive literacy help, as opposed to 70% who receive no help. I can’t hire someone – or even teach them the skills my company requires – if they don’t have a high school level of literacy. Being illiterate is a complete non-starter.

Some of the big companies – and good for them – have the resources to help these ex-convicts learn these skills. But small businesses like mine, which employ more than half of the country’s workers, don’t have the ability to do this. So what can be done?

"Governments and non-profits should be investing in programs to get prisoners educated on the basics of reading and math."

The answer is literacy. Don’t pay me to hire ex-felons. Pay to get them literate. People in prison need to learn how to read, period. Instead of tax credits and other incentives for businesses to hire, governments and non-profits should be investing in programs to get prisoners educated on the basics of reading and math first. That’s the priority. Because once someone is at a proficient level of education, he or she can then learn the rest. But they can’t do that if they can’t read an instruction manual or study for a Microsoft certification.

That’s what I’m looking for before hiring someone out of prison. I need people who can read. Unfortunately, that’s not what the system is producing.

 Jobs for Felons: Government Help For Felons Looking for Jobs

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Jobs for Felons

Juvenile record is a problem

Juvenile record is a problem

Hey,

My name is Ali, I am in need of help. I was convicted of a juvenile felony in 99 and its now impossible to find a job. I have a bachelors in English and became certified in VA and two other states to teach. 

 I was lucky and was able to find a job teaching in VA for a public school. I was even able to get into the air force(somehow). The Air Force found out about my background but looked past it and I served my time. The school I taught for gave me employment before they had livescan (my worse enemy). Anyways since I left that school district a few years back I was overseas teaching. 

Since I came back and moved to Austin, TX it is impossible to find gainful employment. I know I can go to McDonalds, but I am 27 now and need something realistic. I had a job as a security guard, the company loved me and all, but when my background came back, they let me go. I am at wits end with trying to find something that will allow me to actually be a productive member of society.

I am young and have so much to offer, but my background haunts me. Its frustrating to have served my time and still all these years later have it thrown in my face. I don’t know where to turn or where to start. I know in TX you cannot get a teaching license with a criminal background, so I don’t know where else to turn. Can you give me some direction as to where to start?

Respectfully,

Ali

Juvenile record is a problem

Hello Ali,

I am confused. It is my understanding that juvenile records are automatically sealed by the court ant are only visible to law enforcement, the court system and government agencies. The one instance that it would not be sealed is the case of a sexual offense. In any event, I suggest you get a copy of your record. The best would come from the FBI.

Individuals can obtain a copy of their national criminal history record from the FBI by submitting a request to the address below. In order to receive a copy of your FBI record for personal, employment, or international work requirements the FBI requires the following:

1) A signed written request with a brief explanation for the request and your complete return
mailing address.

2) Each request must contain two completed applicant fingerprint cards with all of the applicant's
personal information (name, date of birth, place of birth, etc.) and a current set of 10 rolled
fingerprints and eight flat finger impressions. Fingerprints and impressions must be taken by a
local law enforcement agency.

3) An $18.00 fee in U.S. currency by certified check or money order payable to the United States Treasury.

This information is provided in compliance with the U.S. Freedom of Information Act.

FBI
CJIS Division
ATTN: SCU, MOD.D-2
1000 Custer Hollow Road
Clarksburg, West Virginia 26303

For more information, you may contact the FBI at 304-625-3878

Once you have a copy of your record, you can see exact what comes up on a background checks. Next, I suggest you speak to an attorney. An attorney can tell you what your legal options are. You can probably get low-cost or even no-cost legal assistance at your local legal aid office. Many ex-offenders and felons looking for jobs require legal assistance.

In relation to teaching  positions, you may want to look at teaching at your local community college. Community colleges are less bound by regulations than public schools are

I hope this helps.

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Jobs for Ex-offenders and Felons: Where can Ex-offenders Find Jobs

Jobs for Ex-offenders and Felons: Ten Steps to Getting a Job with a Criminal Record

Jobs for Felons: The Facts about Companies that Hire Ex offenders and Felons (2018)

Juvenile record is a problem

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Many companies hire ex-offenders and felons

Many companies hire ex-offenders and felons

Credit KEVIN NIEDERMIER / WKSU

Finding jobs for  ex-offenders and felons is a very difficult task. I know, I have been helping ex-offenders and felons get jobs for many years. I wish there was one thing I can tell them that would make this job easier, but the fact is, it will take a plan and a lot of hard work. Unfortunately, too many felons consider themselves victims of society that are constantly discriminated against for things they have done in the past. When a felon is released, the sooner he or she finds gainful employment the lower the risk of re-offending.

As I tell my students, don't expect anyone to feel sorry for you. Don't look for any sort of favors. There are few to be found. There are ex-offenders and felons hired everyday. You have the right skills and attitude you could be a big asset to the right company. Jobs are not going to come to you. You will have to get out and compete for them. Anytime someone else wants the same thing you want, you have to compete for it. Unfortunately, the playing field is not level. You have a criminal record which will put you at a disadvantage when it comes to competing for jobs. This does not make things impossible, just a little more difficult. The only way to overcome this disadvantage is to work harder and smarter. My question is, do you have what it takes to get a job? Filling out a few applications a week and spending the rest of your time hanging out or playing video games won't get you a job. You must plan to put in 40 hours per week, finding job openings, writing letters, making phone calls, filling out applications and working on your interviewing skills. There are ex-offenders and felons hired everyday. If you have the right skills and attitude you could be a big asset to the right company. Let's look at some things you will need to increase you chances of getting a job.


A Resume

Everyone looking for a job should have a resume. A resume is an individual summary of your background, experience, training and skills that helps you to present your best qualities to an employer. If you have a resume, have a professional person look at it to judge it's quality. If you do not have a well written resume, I suggest you get some help putting one together.

Proper Interview Clothing

Do you have appropriate interview clothing? A well fitting suit with a nice shirt and tie would be Ideal. That may not be possible for someone just getting back into society but I suggest that men at least have dress slacks, a light colored shirt and a coordinated tie. You should also have a pair of shoes that you can shine. No boots, no sneakers…shoes! Many of my students buy their interview clothing at thrift stores. They find quality clothes at very low prices, clean and press them and they are ready to interview. No matter how you get them, the right clothes makes all the difference. You should also have a neat haircut be clean shaven. If you wear a beard, it should be neat and trimmed. How do you look? Do you look like an ex-offender or a businessman? Do you look like you are going to a business meeting? You should - an interview is a business meeting. You should always look like a professional who is there to conduct business! Always dress like you have an interview even to fill out applications. You also want to leave the employer with the impression that you have class. You will never get a second chance to make a first impression.

Interviewing Skills

While your resume may get you an interview, it’s your performance on the interview that will get you the job. Remember you are going to a business meeting so be personable and friendly but keep it businesslike. Do not reveal too much information. give full responses to the interviewer's questions but never volunteer information that is not asked for. If the question of your record comes up, briefly acknowledge it but do not spend too much time talking about it. Focus on what has happened since your conviction and what you have done to make yourself a better person. Develop a friendly smile and a good handshake. You have to make the interviewer forget that you are an ex-offender. Get a friend or family member to help you by playing the part of the interviewer. Practice will pay off.

Finding Job Leads

The most effective method of finding job leads is by networking. Networking is simply talking to people you
already know and asking if the know of any job openings. Believe it or not, this how most people get their jobs. Employers save time and energy by hiring people that are referred to them.

Another great source of good opportunities is to apply for temporary employment. A lot of employers need temporary help. Many temporary employees are hired permanently if they prove to be good workers.

Smaller independent agencies are a better choice than larger, nationally known ones. Independent agencies do not have the same hiring restrictions that may exclude ex-offenders are free to hire anyone they choose. They are more likely to hire a person with a criminal record. You may find some in your local telephone directory. Apply to them as you would any other employer.

I encourage everyone looking for jobs to go to their local One-stop Career Center. You will find a long list of services that can help you find work. You will also find lists of available jobs in your area. There are also
counselors who can provide one-on-one assistance. Often the counselors have experience helping people with criminal records and know of employers who may hire them. The counselors can also help you find opportunities for vocational training that could lead to a new career.

You can find you nearest One-stop Career Center here:


http://servicelocator.org

There are also government programs that can help ex-offenders and felons get jobs. The first is the Federal Bonding Program. Some employers are fearful of hiring ex-offenders or felons since they feel their criminal histories make them more likely to steal, commit fraud or be dishonest in other ways. A bond is an insurance policy that protects an employer against money or property loss due to employee dishonesty. Most felons cannot be bonded by private insurance companies. The Federal Bonding Program is sponsored by the government through the Department of Labor. This program was created to help high-risk, but otherwise qualified, job seekers who have offers of employment. The Federal Bonding Program offers insurance policies that protect employers against any possible losses incurred due to actions by high-risk employees. The program is designed to help ex-offenders and felons who need a second chance. These bonds are free of charge to both the applicant and the employer and can be issued for any job at any employer in any state. Any full or part-time employee paid wages (with Federal taxes automatically withheld) can be bonded, including persons hired by temporary employment agencies.


You can find out more about the Federal Bonding Program here:

Federal Bonding Program, ETA/DOL

1725 De Sales Street, NW Suite 700

Washington, DC 20036

1 (800) 233-2258

http://www.bonds4jobs.com/state-coordinators.html

Always remind interviewers that you can be bonded. Finally, a great incentive for employers to hire ex-offenders and felons is the Work Opportunity Tax Credit or WOTC. The Work Opportunity Tax Credit (WOTC) is a federal income tax benefit administered by the U.S. Department of Labor for private employers who hire individuals from specified target populations. One of the target populations are ex-offenders who have completed their sentences within the past year. The WOTC reduces a business’s federal tax liability, serving as an incentive to hire otherwise difficult to employ people. Eligible employers can receive a federal tax credit up to $4,800 for each qualified employee.

You can get more information here:

 http://www.doleta.gov/business/incentives/opptax

There are many opportunities for ex-offenders and felons to get jobs if they are willing to put in the time and effort. Hard work, dedication and a definite plan of action will lead to jobs.

 Many companies hire ex-offenders and felons

 

Where can ex-offenders and convicted felons find jobs

  

 

Jobs for felons: Immediate Jobs for Felons

 

  Jobs for Felons: How Does a Criminal Record Affect the Job Search

 

 

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Many companies hire ex-offenders and felons

Felons can Use a Certificate of Rehabilitation to get Jobs

Many ex-offenders and felons find it very difficult to find jobs after serving their sentences. There are some legal tools that are available that can be used that will make the difficult task of getting hired with a criminal record easier. One of these tools is the Certificate of Rehabilitation. It has also been known as Certificate of Relief from Disabilities or Restoration of Rights or Certificate of Good Conduct.

A Certificate of Rehabilitation is a court order, which declares that a person who has been
convicted of a felony is rehabilitated.  If a petition for a Certificate of Rehabilitation is granted, it
is forwarded to the Governor by the granting court and constitutes an application for a pardon.  (In
some cases the granting of a Certificate of Rehabilitation relieves some offenders from the sexual
offender registration requirement.)

If granted a certificate, one may be eligible to be certified in some fields that were previously closed because of the nature of one's conviction

Currently there are 14 states (and Washington, D.C.) in total that offer certificates of rehabilitation:

•  Arizona
• Arkansas
• California
• Connecticut
• District of Columbia
• Georgia
•  Illinois
• Nevada
• New York
• New Jersey
• North Carolina
• Ohio
• Rhode Island
• Tennessee
• Vermont

Each state has it own requirements for those who wish to apply for a Certificate of Rehabilitation.  Application for a certificate is a legal process that should only be handled by a legal professional.  You must get assistance from a qualified professional.  Contact your local Legal Aid office where you may be able to get free or nearly free assistance applying for a certificate.

Legal Aid attorneys may know of employers who have hired ex-offenders and felons in your area.

4 Benefits of a "Certificate of Rehabilitation"

Jobs for Felons: Government Help For Felons Looking for Jobs

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Felons can Use a Certificate of Rehabilitation to get Jobs

Criminal history questions on job applications could soon become illegal

Criminal history questions on job applications could soon become illegal

Posted: Sep 18, 2017 3:50 PM EDTUpdated: Sep 18, 2017 10:19 PM EDT

By Kayla Cash

  KSPY.com

Legislation barring employers from initially asking job applicants if they have a criminal history was sent to Gov. Jerry Brown's desk over the weekend. 

The bill was introduced in February, the state Assembly approved AB1008 on Friday, and it now awaits the governor's signature.

Supporters say ex-felons would be able to get more jobs and potentially stay out of trouble. Lawmakers say employers would still be able to ask about criminal history but not until the applicant has received a conditional job offer.

Democratic Assemblyman Kevin McCarty is one of the politicians behind the bill. If passed, it would help more ex-felons get a second chance.

"For the applicant, especially someone who has a criminal history, it gives them a chance to highlight their qualifications of the job before they have to explain some criminal history that might disqualify them from the job," Kathy Eppright, an attorney in San Luis Obispo, said.

Mychal Cody, manager of Pizza La Nova in San Lis Obispo, says it's important to know who they have on staff when it comes to someone's background.

"They're not only taking the charge of representing our business, and so to be able to clearly identify who that person is going to be could really have an effect on our business," Cody said. 

However, Cody says Pizza La Nova won't judge anyone who applies.

"If they're hard-working and they're trying to make a change in their life and we can be that step forward for them, we want to be that," Cody said.

For some employers, if this bill becomes a law, it could become difficult to scrutinize potential employees without knowing their criminal history, according to Eppright.

"So once they make the offer, then they can say, 'We're going to make it conditional on a background check,'" Eppright said. "Then they have to connect it. If there is something in the background, they have to show how the offense relates to the job the person's applying for."

Employers who deny applicants because of their criminal history must have a good reason.

"Let's say somebody has a DUI in their background and they apply to work at a Starbucks. It would be hard to connect the dots between the connection and why it would disqualify them from being a barista for Starbucks," Eppright said.

The bill would make the following employment practices unlawful under FEHA for an employer with five or more employees:

• Including questions about criminal history on employment applications
• Inquiring or considering the applicant's criminal history before offering a conditional job offer
• Disseminating or distributing an applicant's conviction history background check

If the employer plans on denying an applicant based on their conviction history, the bill would require the employer to do an individualized review of whether or not their history would have a direct and adverse relationship with the specific duties of the job.

They would have to consider three stipulations: the nature of the offense, the time that has passed between the offense and sentence completion, and the nature of the job.

The employer would have to notify the person applying with a written decision, and the applicant is allowed five business days to respond, and an additional five days to dispute the decision with evidence.

There are some companies that require background checks by law, so they would be exempt from this bill if it becomes a law, according to Eppright.

Nine states and 15 cities, including San Francisco and Los Angeles, have adopted similar regulations.

Read the full bill's text here.

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Eric Mayo