Scrubbing The Past To Give Those With A Criminal Record A Second Chance

Eric Westervelt, BARBARA BROSHER, National Public Radio

Latosha Poston says she made a lot of mistakes in her life. Her legal troubles began in her teens after her first child was born in Indianapolis. Over the years, bad decisions led to some arrests, some convictions.
Barbara Brosher/Indiana Public Media

Latosha Poston says she made a lot of mistakes in her life. Her legal troubles began in her teens after her first child was born in Indianapolis. Over the years, bad decisions led to some arrests, some convictions.

"Sometimes we get stuck in our past and let our past guide us," she says.

The 44-year-old has worked hard to straighten out her life. But her criminal records — all involving misdemeanors — continued to haunt her as she tried to find a decent job and place to live.

Then, while watching the local news, she heard about Indiana's Second Chance law, passed in 2013. It allows people to petition to remove their misdemeanor convictions and arrests from public view.

Indiana is among several states to change their approach to the restoration of a person's rights and status after an arrest or conviction. In the last two years, more than 20 states have expanded or added laws to help people move on from their criminal records — most involve misdemeanors. Marijuana legalization and decriminalization have played a big role in driving these reforms. Fairness is another factor, with lawmakers from both parties rethinking the long-term consequences of certain criminal records, as well as the economic impact of mass incarceration.

There are also purely economic reasons to encourage the sealing of criminal records.

"It hurts communities, it hurts counties and it hurts states if their citizens cannot be productively employed or aren't part of the tax base," says American University law professor Jenny Roberts, who has written extensively on the collateral consequences of convictions. "So there's certainly an economic incentive for allowing people to move beyond their criminal record."

The state-level reforms have helped tens of thousands of people across the United States.

Poston of Indianapolis is among them. After working in home health care for nearly 20 years and making just over $11 an hour, she landed a much better-paying job in a hospital as an operating room assistant once her records were sealed.

"I felt like something was lifted off," she says of her case. "Because now I kind of felt like a human."

With background checks ubiquitous for jobs, schools, mortgage applications and more, even one conviction — and sometimes even just one arrest — can dog people for years, critics say, relegating them to permanent second-class status.

"No one should underestimate how much even the most minor of misdemeanor convictions — including marijuana or trespassing or any kind of conviction — can affect someone's ability to get a job, to get housing and to function fully in society," says Roberts, who also co-directs the Criminal Justice Clinic at American University in Washington, D.C.

Time for change

The reform trend reflects an emerging consensus that the social and economic problems created by mass prosecution and incarceration call for a fundamental reimagining of the criminal justice system.

While reformers largely welcome the moves by states, there's concern that a patchwork of laws as well as steep legal fees, prosecutorial foot-dragging and other barriers have blunted what is otherwise seen as a rare area of bipartisan, effective reform.

The Expungement Help Desk in Indianapolis helps people with criminal records file petitions to get their records expunged or sealed.

Barbara Brosher/Indiana Public Media

"The states are really all over the map on this stuff, and they're all reinventing the wheel," says attorney Margaret Love, executive director of the Collateral Consequences Resource Center and an expert on clemency and restoration of rights.

She and others are calling on the National Conference of State Legislatures, the National Center for State Courts and the American Bar Association to study and share what reforms are showing the most promising outcomes.

"Right now it's getting harder for state legislatures to pick out a single approach," Love says. "We have to start looking at this in a more systematic way and look at what works best."

For example, there's a growing body of evidence that it undermines public safety if you don't help people move beyond their criminal records and participate in the workforce. Without that help, the chance of people returning to the criminal justice system increases.

One study estimates that the unemployment rate for formerly incarcerated people is more than 27 percent — far higher than the total U.S. unemployment rate during any historical period, including the Great Depression. The rate is even higher for African-Americans who've had run-ins with the law.

With the national jobless rate at historical lows, many companies are looking at new ways to hire additional workers. A recent survey showed that more than 80 percent of managers — and two-thirds of human resource professionals — "feel that the value workers with criminal records bring to the organization is as high as or higher than that of workers without records."

Indiana's example

As in many other states, the work of sealing and expungement in Indiana mostly falls to nonprofit legal groups and private attorneys. But in Marion County, the prosecutor's office has hired a full-time paralegal to process all requests. The county has had more than 11,500 people come through since legislators implemented the law.

While the mood nationally surrounding expungement has dramatically improved, some prosecutors and judges remain skeptical or outright opposed to records clearing. Philosophically they don't think those who've broken the law should get a clean slate.

So it helps a lot that in Marion County, which encompasses Indianapolis, Prosecutor Terry Curry fully supports the effort. He advocated for the law because he thinks people who've stayed out of trouble shouldn't carry the legal stain forever.

"If our goal is to have individuals not reoffend, then in our mind it's appropriate to remove obstacles that are going to inhibit their ability to become productive members of our community," Curry says.

While most cases in Indiana involve misdemeanors, judges have discretion with violent-felony petitions. Victims of those crimes also can give testimony. More serious felonies can be expunged eight or 10 years after the completion of the sentence.

Some crimes must have the prosecutor's written consent for expungement. Homicides and some sexual offenses are not eligible for expungement in Indiana and in most other states.

You can petition to have records for convictions expunged only once in your lifetime. If you are convicted of other charges later on, there's no chance of having them sealed.

While the process in Indiana and in other states seems simple, serious hurdles remain. Expungement can be time consuming and costly. There are filing fees for every petition — fees not everyone can afford.

In addition, the process can vary from county to county depending on cooperation from local prosecutors. Advocates in Indiana want lawmakers to make it easier for people to expunge their records — regardless of where they are in the state.

Getting the word out

Even more vexing — in Indiana and throughout the country — is the general ignorance about existing expungement laws. People just don't know they exist or how they work.

Public defenders from New York to Los Angeles say they have to do a better job of both getting the word out and pushing states to better fund these efforts.

At a recent LA-area expungement clinic, a man showed up who'd done significant prison time for a nonviolent felony. And he'd been off probation for more than five years. He still couldn't get a job. The man, who didn't want his name used, thought at first the expungement clinic was some kind of scam.

"He had no idea he could not only get it [the felony] expunged but reduced to a misdemeanor," says Los Angeles County Deputy Public Defender Lara Kislinger, who was helping him with the paperwork. "He just had no idea. And he was so grateful. And he's been having so much trouble finding a job. And we want people to be able to re-enter society and be productive members of society. And this was a case where it was so obvious it was holding up jobs — and life. And it's tragic."

Expanding public knowledge of sealing and expungement laws takes money and effort. Many public defender offices already are overwhelmed, understaffed and underresourced.

How long should a record last?

Across the nation, felonies are harder to expunge and involve longer waiting periods, and in many states, homicides and certain sexual offenses are almost impossible to expunge.

Jay Jordan, 33, is the director of the #TimeDone/Second Chances project for the nonprofit Californians for Safety and Justice. The clinic involves public defenders who volunteer to help people get their criminal charges or records reduced or expunged.

Philip Cheung for NPR

There's a new push in some states to clear some felony convictions, especially nonviolent ones.

California has taken the lead in reducing incarceration and prosecution of certain low-level drug crimes and nonviolent felonies following the passage of Proposition 47 and other measures. Past offenders can petition a court to reduce their crimes to misdemeanors.

Supporters say it has helped reduce the prison population and racial disparities in the justice system while saving taxpayers money. Funds are redirected, for example, into support services such as drug treatment and counseling.

Others say Proposition 47, while a good start, is inadequate. Jay Jordan of Los Angeles served seven years in prison for robbery. He has been out now for nearly eight years and says he still faces daunting obstacles to full re-entry into society.

"You know, I tried to adopt and was turned down. Tried to volunteer at school and was turned down. Tried [to] sell insurance, was turned down. Tried to sell used cars, was turned down. So, you know, every single step of the way when I try to better myself and, you know, be able to take care of myself for my family, there are these massive barriers," Jordan says. "And I'm not alone."

Indeed, there are some 8 million formerly incarcerated people in California. In the U.S., it's estimated that there are some 60 million people with a criminal record, according to federal statistics. The majority are misdemeanors. One report estimates as many people have criminal records as college diplomas.

Jordan now works for a nonprofit that advocates for rights of the formally incarcerated. In their work, Jordan and others are asking the basic question — how long should these convictions be on people's records if they've done their time and are working to become good citizens?

Not everyone wants these reforms. In California, some want to roll back parts of the state's criminal justice reforms through a proposed 2020 ballot initiative that would, among other things, reduce the number of inmates who can seek earlier parole and reclassify some theft crimes from misdemeanors to felonies.

"Proposition 47 was approved overwhelmingly by California voters who understood that permanently punishing people for a past mistake is not reflective of our shared American values nor is it an effective safety strategy," says Jordan, who directs Californians for Safety and Justice's #TimeDone/Second Chances campaign.

"Everyone who has an old, low-level, nonviolent felony on their record that is eligible for reduction to a misdemeanor under Prop. 47 should be able to get relief, and we want to make that as easy as we possibly can for folks," he says. "People deserve the chance to overcome the mistakes of their past, and that road to redemption should be as smooth as possible."

Some Democratic lawmakers in California are pushing back with proposed legislation that would automate the expungement process for all felonies that are eligible for reduction under the law.

Legal experts like Roberts, the American University law professor, caution that the best solution might be for prosecutors to simply take fewer minor cases to court in the first place.

"I don't think you can have an actual conversation about sealing and expungement and decriminalization until you talk about less prosecution and less funneling of low-level misdemeanors into the criminal justice system," Roberts says.

Explained: Misdemeanors, Felonies, Pardons, and Expungements

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Scrubbing The Past To Give Those With A Criminal Record A Second Chance

Eric Mayo

How Ex-Felons Can Get Hired in Tech

How Ex-Felons Can Get Hired in Tech

Mark Feffer

Convicted felons face a notoriously difficult challenge in finding work after their release from prison. According to the Center for Economic and Policy Research, “It is not simply that individuals who commit crimes are less likely to work in the first place, but rather, that felony convictions or time in prison act independently to lower the employment prospects of ex-offenders.”

That remains true despite a number of jurisdictions—including the federal government and 24 states—enacting “Ban the Box” legislation that requires employers to ask about criminal convictions only after initial screenings. In addition, more governments now push employers to consider issues such as whether a conviction has any bearing on the job on offer, mitigating circumstances and evidence of rehabilitation.

When it comes to convicted felons’ job prospects, a number of officials and community organizations believe that technology is an unusually forgiving industry. That’s especially true in Silicon Valley and the East Coast’s technology hubs, said Chuck Pattillo, general manager and executive officer of the California Prison Industry Board, a state organization that provides offenders with work and training programs while still incarcerated.

The main concern of tech companies, Pattillo said, is whether an individual can do the job. “Yes, there’s going to be a background check. But there’s more to a background check than a yes or no question.”

According to the online community Jobsforfelonshub.com, a number of brand-name tech firms will consider convicted felons for employment. These companies include Apple, AT&T, IBM, Sony, Tesla and Xerox. So will enterprises with large IT operations, such as Boeing, Kohl’s and United Airlines.

In many ways, former prisoners should conduct a job search like anyone else: with lots of research, targeting, and planning. But there’s also no question that a criminal record presents extra hurdles during the process. Bootcamps and other tech-centric programs, both inside and outside of prison, may have helped a former prisoner master certain technical skills, but they still have to pay special attention to other areas. Some things to think about:

Always, Always Be Honest

“Be 100 percent transparent,” said Chris Redlitz, co-founder of the San Francisco-based non-profit The Last Mile, which recently partnered with the California Department of Corrections and Rehabilitation and the California Prison Industry Authority to create Code.7370, an effort to train prisoners in HTML, Ruby on Rails, CSS, Python and other technologies. Those who successfully complete the program will be eligible to join “The Last Mile Works,” a Web-development business that will serve paying customers from inside prison. “In my opinion, the sooner the issue comes out, the better.”

According to Pattillo, the CPIB encourages people to include their prison time on their résumé. “Basically, you want to say, ‘Yes, I was in prison and this is what I learned there,’” he said. Programs like The Last Mile’s, he notes, “are well-known in the tech industry.”

“It’s critical to bring up your past before the employer discovers it in a background check,” added Mark Drevno, executive director of Jails to Jobs, a Lafayette, Calif., non-profit that helps ex-offenders prepare for their job search. He coaches former inmates to focus on identifying the hiring manager and having a frank conversation with them. “Tell them your turnaround story,” he said. “You want to show them how you’ve changed.” Ultimately, the manager should become your advocate with HR, placing your background in proper context.

Understand the Background Check

Initiatives such as Ban the Box are designed to give you a chance to prove yourself as a professional. That way, when employers do learn of your history, they’re more apt to weigh it alongside your skills and personality.
Companies that conduct background checks say that many employers look beyond the simple fact that you’ve committed a crime. They take into account your offense, how much time since it occurred, whether you’re a repeat offender and how your record relates to the job at hand.
A number of HR executives suggest the background check serves as something of an integrity test. If you’ve gone through an interview with the hiring manager and didn’t volunteer the story of your conviction, most companies will end the process as soon as they learn of your offense.

Pay Attention to Your Appearance (and Lose the Tattoos)

A number of organizations teach ex-offenders about how to present themselves through their dress, grooming and speech. You need to demonstrate that you can make the transition from prison culture to workplace culture.

In particular, Drevno said, think about your tattoos (if you have any): “A quarter to a third of people coming out of prison have visible anti-social, gang-related tattoos, and those are real job-stoppers.” Fortunately, many groups and dermatologists will remove them free-of-charge. Jails to Jobs provides a list of such resources here.


Remember that the tech world is in something of a labor crisis right now. Recruiters, HR practitioners, managers and other industry experts agree that there are more jobs than candidates in areas such as software development. While paying heed to Drevno’s advice to only apply for jobs you’re truly qualified for, keep in mind Redlitz’s observation that, in this environment, “people are less concerned with your background and more concerned with your product.

This article appeared on Dice.com here

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

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Felon with DUI needs help finding jobs

Felon with DUI need help finding jobs

Hello,

In 2007 I was charged with two separate DUI offenses. The first one that I had ever received was in March and I got a second one in October. I received these charges during my own personal time off from work. At the time I was a driver for a beer distributor, ironically. I didn't report back to work because I was certain that I would be fired, after all I was unable to perform the job for which I was initially hired. Since then, I have had much difficulty finding a job, and it is extremely depressing. I have a family to support, and I am desperately seeking any help that I can get.

 Felon with DUI needs help finding jobs

Hello,

I'm guessing that your license has been taken away. Your career may be over and it may not be. I'm going to suggest two things. First, I suggest that look into a Certificate of Rehabilitation.  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.

Then you want to look into a Certificate of Good Conduct. The purpose of is is to provide evidence that you have been rehabilitated for employment and other purposes. It shows you are a law-abiding citizen and fully rehabilitated. It has no other legal effect.


These certificates are not available in all states.  It would be a good idea to contact your local legal aid office where you may get assistance at a low cost or even no cost.


As always, I suggest ex-offenders and felons looking for jobs to contact their local One-stop Career center with help with their job search efforts. You can find the nearest center to you here:

http://www.servicelocator.org

I hope this helps.

Jobs for Ex-offenders and Felons: Employment Background Checks: Know Your Rights

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

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Felon with DUI needs help finding jobs

The Next Step in Getting Felons on the Right Path and Into the Workplace

By JIM GERAGHTY, National Review

The next step, announced today at the Koch network’s winter meeting, is a “getting back to work initiative” designed to follow up on the legislation, launched in partnership with the Society for Human Resource Management, the trade association for human resources employees. The initiative will inform businesses on how to recruit, hire, and keep employees who were previously incarcerated.

Charles Koch told the assembled members of the network, “when you hear that one out of four [Americans have a criminal record], this isn’t just some small isolated piece, this involves everybody throughout society.”

SHRM’s CEO Johnny Taylor said his organization had found that as many as 80 percent of employers supported the idea of hiring felons – but a much smaller percentage had actually hired many. They found three main obstacles among employers. The first obstacle was legal compliance issues, including most federal agencies and contractors that deal with security issues or require a federal security clearance. The second was the perception of civil liability on the part of employers, and a fear that hiring a felon could lead to a lawsuit if the felon committed a crime on the job. The third, Taylor said, was a psychological NIBMY (Not In My Backyard) mentality – that plenty of employers and employees liked the idea of hiring felons, but not at their own workplaces. He’s hoping the “employer toolkit” offered by SHRM and the Koch network will mitigate those forces.

Taylor admitted the liability issue was one of the most challenging, as the potential legal risk to employers varied from state to state. He noted that studies indicate that felons who had been released from prison were no more likely to commit crimes in the workplace than employees with no criminal records.

Tips to Help Ex-Felons Get Jobs

“Regardless of the employee, you do your diligence,” said Mark Holden, the general counsel for Koch Industries. “We’ve been hiring people with criminal records for as long as I’ve been here, about quarter of a century, and we’ve never had that issue. When you hire someone, either way, you’re taking a chance on them. We’ve hired people from the best schools, from the best background, and we’ve later found they’ve stolen from us.”

Taylor said that depending upon the measuring stick, there are anywhere from 6.6 million to 7 million unfilled jobs in the United States right now, and each year, roughly 650,000 people leave prison and reenter society.

“The First Step Act’s prison reform elements include education and skill training,” Holden said. “More people are going to be coming out for prison skilled and ready to go, ready to get back in the game. When employers choose to put applications of convicted felons in the wastepaper basket, it’s a huge wasted opportunity. A lot of these people are very hungry and very humble.”

Chris Wright, the chief executive officer of Liberty Oilfield Services, said that in his experience, released felons “have a passion to prove themselves. Really, you’re hiring the heart. If they’re going to work hard when no one is looking, and if they’re someone who will do the right thing, even under stress, you’re going to win.”

Holden noted that the while the Koch network pushed for the First Step Act and is eager to see America’s businesses start hiring the recently released, they oppose government mandates requiring employers to hire felons, and want to see employers freely embrace the option.

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Eric Mayo

Woman gets second chance with pardon

• By JULIE DRAKE Valley Press

Woman gets second chance with pardon

Monica An­drade served 16 months in prison starting in 2002, fol­lowed by three years on parole.

Her crime? Man­u­fac­tur­ing a controlled sub­stance for sale, and child endangerment. More specifically, An­dra­de manufactured meth­am­phet­amine while her 13-year-old son was home.

Andrade completed her sentence and set out to change her life. She went to AV-East Kern Second Chance for help.

Michelle Egberts, an ex-felon herself, is founder and executive director of Sec­ond Chance. She ran “ex­pungement” workshops to help ex-felons clear their rec­ords. The two-hour work­shops are packed with information including the barriers people face as they work to clear their record.

“She educates on all the records that are out there,” Andrade said.

Expungement is a court-ordered process that allows an offender to seal or erase the legal record of an arrest or criminal conviction in the eyes of the law.

An individual is eligible for expungement if he or she committed a felony or misdemeanor and was not incarcerated in state prison, has fulfilled his or her probation, and was not convicted of an ineligible crime such as rape or child sexual abuse.

Andrade, 50, served time in prison, so she was not eligible to have her record expunged. But she was eligible for a Certificate of Rehabilitation.

A Certificate of Re­hab­il­itation is available only for people who have gone to prison. They can get it after a certain amount of time if they meet the criteria. If granted, the doc­ument restores some of the rights of citizenship that were forfeited as a result of a felony con­vic­tion. It also acts as an aut­o­matic application and rec­om­mendation for a pardon from the governor.

Andrade attended four or five of Egberts’ work­shops to begin work on get­ting her Certificate of Re­hab­ilitation. She re­ceived the document in December 2016.

“There is an 11-page ques­tionnaire just from the courts, from the DA’s office, that needs to be addressed, and if it’s not addressed cor­rect­ly you’re not going to get your COR,” Egberts said.

The application package includes character refer­en­ces from at least four peop­le who know you went to prison and have turned your life around. Andrade had at least 10 letters of rec­om­mendation. Andrade submitted her application for the pardon, including another seven pages of ques­tions, in August 2017.

Former California Gov. Jerry Brown signed An­drade’s pardon on Nov. 21.

“She’s our first pardon,” Egberts said.

Egberts estimated Sec­ond Chance has helped more than 2,000 people ex­punge their records since 2012.

“Everybody is eligible so I don’t discriminate,” Eg­berts said

However, she noted in­div­iduals who committed crimes such as murder, rape, or kidnapping are not eligible for a certificate of rehabilitation.

Andrade visited Egberts’ Mojave home to talk about her pardon and how she is working toward creating a bet­ter life for herself and her family.

Andrade’s 13-year-old son, Carlos Boquin, is now 30.

“He is my idol because he never gave up on me,” An­drade said.

Boquin continues to help his mother and her two youngest children, his sis­ters, after Andrade’s hus­band was deported back to Guatemala six years ago. She lives with Boquin and his family.

“It was either fall back and go back to my bad ways and repeat history again, or this time, my son said, ‘Mom, I’ll watch the kids, you go to school,’ ” An­dra­de said.

Andrade went to school. She received an associate of arts degree in 2014. She received a bachelor’s de­gree in criminal justice from California State Uni­ver­sity, Bakersfield in 2017.

She is working on her master’s degree in crim­in­al justice at Grand Canyon University. Andrade hopes to become a probation officer in the juvenile div­is­ion for the Los Angeles De­partment of Probation some­day. Her ultimate goal is law school.

“I’ve been through it; I’ve experienced it. So that now I can understand and I can relate, so that if anyone wants to talk to me I can be there for them, “ Andrade said. “That’s my goal — is to be there for someone else, to help someone else.”

Andrade got involved with meth because of a weight problem.

She weighed nearly 300 pounds at one point and was in abusive marriage. She started losing weight with the assistance of a doc­tor who prescribed fen­flur­mine-phentermine, or fen-phen, an anti-obesity treat­ment later found to cause potential fatal heart prob­lems that led to its with­drawal from the mar­ket.

Andrade met drug traf­fick­ers through her for­mer sec­urity job. They in­tro­duced her to meth to help her lose weight. The meth gave Andrade energy that kept her busy cleaning her house and helped keep the weight off. Andrade said she had children and could not go to the gym.

One thing led to another and Andrade eventually start­ed to cook her own meth. That eventually led to prison.

Andrade has seven chil­dren, The two oldest are boys and the rest are girls. At one point her five old­est children were taken away from her. All are now adults. Andrade has seven grand­children.

Andrade did not expect to get her pardon as soon as she did.

“It couldn’t come at a bet­ter time,” Andrade said.

After five years renting the same home, Andrade and her family face evic­tion.

“I don’t make a whole lot of money; none of us do,” she said.

Andrade is concerned that although she has a gov­ernor’s pardon, po­ten­tial landlords might see her rec­ord after a background check and deny her.

The background check will show what Andrade was convicted her and her prison term, along with her Certificate of Re­hab­ilitation and her pardon.

Egberts started AV-East Kern Second Chance with her former partner, Rich­ard Macias, a retired law en­forcement officer with 25 years’ experience. Macias now serves as director em­er­itus.

“Everybody deserves to be rehabilitated,” Egberts said.

Egberts was convicted in 2004 for grand theft. Her case involved more than $100,000.

“I have not been able to fiscally pay off my res­tit­u­tion. But I have done it and more by giving back to my community.” Egberts said.

Egberts is not proud of her crimes. She spent al­most three years in prison. When she left prison, she had a four-year degree in bus­i­ness administration with an understudy in mar­keting.

“Couldn’t find a job for nothing,” Egberts said.

Egberts still has not found a job. She has not cleared her own record.

“I haven’t had time,” she said.

That is because she con­tin­ues to help other felons. She no longer has a place to conduct the workshops, so she works from home. She walked across the room and picked up a package she received in the mail re­cently.

“There’s 13 cases in it from Long Beach,” Egberts said.

They do not make any money from Second Chance. Any money they do get goes toward supplies such as postage and ink.

“We’re looking for a home,” Egberts said.

Explained: Misdemeanors, Felonies, Pardons, and Expungements

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Eric Mayo

Juvenile offender wants Job Search Advice

Juvenile offender wants Job Search Advice

 

I recently was hired at a nursing home and was railed through all the pre employment paper work everyone goes threw these days. I had a drug test, back ground check and had to submit my fingerprints. Well I got a call that something was found in my back ground that has to be looked into further. All they information I was given was that the incident occurred in 2003 making me 16 and I of course knew right away what it was. I was charged with a misdemeanor and did 1 year probation. I like many other people had it seal away because I was a juvenile. Can they not hire me because of this? This is the only thing I have ever done in my entire life. I have never been arrested nor even gotten pulled over. My adult record is clean.

Juvenile offender wants Job Search Advice

Hello,

I'm not sure where you live but most states seal juvenile records from the public. In most cases they 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. If that is not your situation, you should seek legal advice as to why your offense is visible.

Many ex-offenders and felons looking for jobs often need legal advice. I suggest your local legal aid office.

I hope this helps.

How to get your Juvenile Record Expunged

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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

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Juvenile offender wants Job Search Advice

Ex-offender may need help to get a job

Hello,

I came across your blog while looking for work. First, I would like to say how much appreciate your time and efforts in providing helpful information for ex-offenders. I have read through most of the posts and your advice has given me some hope in finding work.

I was convicted of a misdemeanor charge of burglary. This occurred over 10 years ago. I didn't serve any jail time and was given 3 years of probation. Since then I went back to school, received a bachelor's degree,started my own business, and plan to go back to pursue a Master's degree.

I want to work in a youth care facility, specifically working with at-risk youth and provide counseling, mentoring, and outreach. However, if a facility is licensed by the state, live-scan is a requirement. I had the misdemeanor charge expunged, but I know that the charge will still be on record (which I had expunged). I actually had an interview for a facility and when asked about my criminal background, I was honest with that person. However, she could not hire me because of the record. She told me that I could apply for an exemption to work in the facility.

My question/concern is that from research on receiving an exemption, I would have to have the particular facility send a letter/request to the Licensing board before I can fill out the appropriate paperwork to get this exemption. Is it common for any facility to honor this request? How I interpret this is that this facility would have to support you and go out of their way so they can hire you. My frustration is that any place is going to hire someone else that has a clean background over someone like myself. So I am wondering if you have had

any experience with exemptions or clearances through the DOJ/LIvescan? Do you think it is possible for ex-offenders to get jobs in this field? I will jump through hoops and get what is needed to get hired but is it a lost cause and doing all of this for nothing?

I am sorry for the lengthy email. I've spent many months researching this subject. I really could not find much information in regards to other people's experience with this particular subject. It has been very discouraging. I would appreciate any insight you might have. Thank you for your time.

Sincerely,

G

Ex-offender may need help to get a job

Hello G,

I guess it couldn't hurt to apply for the exemption and the facility definitely would have to put some added effort into it. I want everyone to understand that expungement and sealing of records does not erase them. They simply are hidden from the public. The charge and subsequent conviction will always be visible to the court system, law enforcement and government agencies.

I know of ex-offenders and felons having similar jobs. The fact that you were informed about applying for exemption should give you hope if you really want this jobs. As I tell all ex-offenders and felons, they should apply for all jobs they believe they qualify for.

If this doesn't work out, you can always contact the United Way office in your area. They will be able to put you in contact with advocates and other organizations that provide services for ex-offenders and felons.

I hope this helps.

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  Ex-offender may need help to get a job.

New 'clean slate' law gives some ex-offenders fresh hope on jobs, housing

• BY JEFF HAWKES, HURUBIE MEKO AND HEATHER STAUFFE

Pennsylvanians with old, low-level offenses on their records have fresh hope that past mistakes won’t cost them new jobs or housing.

As of Dec. 26, the state’s new Clean Slate Law allows people to petition to seal legal records in many misdemeanor cases that are more than 10 years old.

“Non-violent first-degree misdemeanors and most simple assault convictions became eligible for sealing, if the individual has not been convicted for 10 years and if no fines and costs are owed,” Sharon Dietrich, legislation director for Community Legal Services, explained in a press release.

A second phase of the law will kick in on June 28, when courts will begin automatically sealing records in eligible cases.

Here are answers to some key questions about the new law and how it works.

How is a criminal record sealed?

An ex-offender starts by completing a Petition for Order for Limited Access, a one-page form at the Self-Help Center at the county courthouse and online at www.pacourts.us/forms.

It asks for such information as the charges and the judge who imposed sentence.

If the offense happened in Lancaster County, the completed petition should be taken to the Clerk of Courts at the Lancaster County courthouse. There’s a $137 fee, but the indigent may seek a waiver.

Clerk of Courts Jacquelyn Pfursich said her office sends the petition to the judge who imposed sentencing and to the District Attorney’s Office. The district attorney has 30 days to challenge the petition, leading to a hearing before the judge. But if the district attorney doesn’t object, no hearing is needed.

District Attorney Craig Stedman said he expects that filing an objection would be rare, happening, perhaps, if facts on a petition were misrepresented.

Stedman called Clean Slate an overdue, crime-prevention measure because it promotes employment.

“If someone can have a job, they are tying themselves to the community,” he said. “That's a great indicator that the person is less likely to commit crime.”

For those who need it, free legal help is available through “My Clean Slate,” a program created by Community Legal Services in partnership with the Pennsylvania Bar Association. Volunteer attorneys will help to determine if someone is eligible for the provisions of the Clean Slate legislation, which went into effect on Dec. 26.

The program’s website is at https://clsphila.org/mycleanslatepa

What happens after the judge grants the petition?
The Clerk of Courts Office marks its record of the conviction: “Sealed. Not open for public inspection.”

The office also notifies the police department, the magisterial district judge, Lancaster County Prison and other agencies that they are prohibited from sharing the records.

How does automatic sealing work?

The new law creates an automated process to seal any arrest that didn’t result in a conviction, summary convictions after 10 years, and some misdemeanor convictions for those who've been law-abiding for 10 years.

For those cases, no petition needs to be filed starting June 28.

Instead, the Administrative Office of Pennsylvania Courts will pull eligible records from its database of all criminal records and submit them to the Pennsylvania State Police to check for possible conflicts. The ex-offender will get a letter saying the old record will no longer show up on background checks.

The state will remove eligible docket sheets from its online listing of criminal cases, but not the listing of fines and costs.

The state office will also notify the Clerk of Courts which of its records must be sealed.

Pfursich said she doesn’t know how many local cases could end up sealed. In 2018, a record 7,522 criminal cases were filed locally.

Are people taking advantage of the new law already?

About 700 people statewide petitioned to have their records sealed in the first week after the law took effect, Gov. Tom Wolf said at a news conference Wednesday.

But it's too early to predict the law's impact here, officials said.

In Lancaster County, there wasn’t immediately a noticeable increase in the number of petitions for offenses that fit within the margins of the Clean Slate Law, according to Steve Gumm, the executive director of the Lancaster Bar Association.

But the bar association is “very happy with the law's passage” and sees it as the right step for those whose old, non-violent offenses have created barriers for their lives.

Attorney Mark F. Walmer, who routinely handles cases for sealing, expunging or pardoning past offenses, said he believes the big change will be the phase of automated sealing, when petitions will no longer be needed for eligible offenses.

“The sealing statute will be good for people who have one or two very old misdemeanor offenses," he said.

Walmer noted that the responsibility for verifying that a record has been automatically sealed will fall on individuals. Under the law, only “non-controversial” offenses are automatically sealed; other cases — those that include multiple charges or have unpaid fees, for example — make it through the automated system.

“There are many different disqualifications," Walmer said. “Know exactly what is on your record, have it reviewed by an attorney.”

How big a difference will it make?

Tara Loew leads Lancaster CareerLink’s Re-Entry Services, which works with job-seekers who have criminal backgrounds.

That program serves about 600 people a year, she said, and overall, about a quarter of the people Lancaster CareerLink works with report some kind of criminal record.

Many employers ask about misdemeanor convictions, she said, and retail theft charges can be “extremely limiting” for job-seekers, “more so than felony charges in some cases.”

Loew expects the new law to have a big impact on job-seekers.

In addition to giving individuals that deserve it a second chance, she said, the law breaks down barriers to finding full-time life-sustaining employment — helping families thrive and contributing to the local economy and community safety, as someone gainfully employed is much less likely to reoffend.

She said it also helps employers who might be inclined to give applicants a second chance by taking liability away from them, because legally they’re hiring someone with a “clean slate.”

Loew also said CareerLink has recently held two free criminal record legal clinics for job-seekers, with MidPenn Legal Services, Lancaster Bar Association, Rep. Mike Sturla and the law firm Bentley, Gibson, Kopecki Smith P.C.

Attendees got a chance to have an attorney look over their records and see what their options might be, she said, and when possible were offered free continuing legal help.

The clinics were a hit, Loew said, and CareerLink now plans to offer them quarterly, capped at 30 attendees.

Can an employer ask about sealed records?

Attorney Jennifer Craighead Carey, chair of the Barley Snyder Employment Practice Group, said in an email that Clean Slate prohibits employers from requesting criminal history records that have been sealed and they may not rely on such information in making an employment decision.

The law also allows applicants questioned about sealed records to answer as if the offense did not occur, she wrote, recommending that employers use disclaimer stating that applicants “should not provide information about expunged or sealed criminal convictions.”

How do employers feel about Clean Slate?

Tom Baldrige, president and CEO of the Lancaster Chamber, said it hasn’t heard much from employers about the new law, but he believes they’re generally supportive of it.

“No one is looking for additional barriers to hiring people,” he said, noting that the current workforce need is the most acute he’s seen in 19 years with the chamber. “There are companies that are literally turning down business opportunities because they don’t have the workers, and that is relatively widespread.”

He doesn’t consider the law a game-changer for employers, he said, but does think it “gives some people who might have been hesitant to fully enter the workforce because of some past indiscretions the confidence to come back, and that’s a win-win.”

Harold G. Ford III of NetAtWork is president of Lancaster Society for Human Resource Management.

He noted that Clean Slate passed the Legislature with overwhelming bipartisan support and said, “I think that says really clearly this is really good for potential applicants but also for employers.”

Does it increase housing accessibility?

Ninety percent of the landlords that Tabor Community Services works with through its Community Housing Solutions program — an initiative of the Lancaster County Coalition to End Homelessness — have background checks as part of their screening process, according to organization president Michael F. McKenna and program manager Laura Willmer.

Although not the only criteria landlords are applying when screening tenants, past criminal offenses can create an additional barrier to affordable housing, McKenna said.

Tabor does not track the criminal records of those within their programs, but a significant number of those who have disclosed their background would fall under the Clean Slate law's parameters, Willmer and McKenna said.

“Some landlords will do a full background check and look for absolutely everything and others do not do one at all,” said Ann Linkey division manager at Tabor.

Usually, the criminal screenings are to find “violent and drug-related" offenses, Linkey said. The types of offenses that landlords and property managers find disqualifying vary.

“Some will look at a DUI and let it go if it was just that, others would say no,” she said.

Although her team does not track how many housing applications were rejected due to criminal background checks and what those offenses were, it does happen, Linkey said.

“It's a good thing for our clients who have those kinds of backgrounds," Linkey said of Clean Slate.

“It will complement the federal Fair Housing Act," Ray D'Agostino, chief executive officer at the Lancaster Housing Opportunity Partnership, said of the new law. In most cases, real estate decisions based solely on criminal records are already prohibited, he said.

This article originally published at https://lancasteronline.com  https://lancasteronline.com/news/local/new-clean-slate-law-gives-some-ex-offenders-fresh-hope/article_b70bdbf6-105b-11e9-9d7a-938b4041b090.html

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Eric Mayo