Re-Entering the Workforce After Prison Harder For Non-Whites

Getting hired after serving time can be more difficult for some than for others

Candace Manriquez Wrenn Arizona Public Media

A group of scholars at the University of Arizona sought to find how felony convictions affect those looking to re-enter the workforce. Their study shows that the convictions aren’t the only hurdle for getting a job.

The U.S. Department of Justice projects that 9 percent of all men will serve time in federal or state prison. With the median time served being just over two years, most formerly incarcerated people will eventually be back on the job market.

Tamar Kugler is an associate professor in the Eller College of Management at the University of Arizona. She said the ability to find a job is critical, not only for those who’ve been to prison, but also for society.

"We want those people to be productive members of society, to be able to get a legit job, stay out of prison, earn enough money so they rehabilitate their lives."

But she said convicted felons can have a hard time finding work once they are released.

"Those people usually have lower education so it’s harder for them to find a job. And they have also experienced an erosion of skills from the fact that they have been out of the job market."

She notes that people who have served time also have a lack of ties to legitimate employers.

According to the Brookings Institution, in the first full calendar year following their release, almost half of those previously incarcerated have no reported earnings and the median earnings of those that do are just above $10,000 a year.

Kugler, along with Barry Goldman at the University of Arizona and Dylan Cooper at California State University, Channel Islands, cited research that shows that blacks and other minorities are more frequently denied jobs because of racial discrimination, but they wanted to test whether blacks with felony convictions were penalized more than whites with identical felony convictions, work experiences, and skills during the hiring process. Dr. Kugler says:

"We find that black applicants pay a much bigger price in terms of their desirability to get hired for a job than white applicants. The reduction that the white applicants suffer from having a felony conviction is not nearly as big as that that you see for black applicants."

Findings like these aren’t purely academic.

Clyde Hardin, a tattoo artist in Tucson, served two stints in prison. When he was released, he had help finding a job.

"My, now, wife got me my first job. I did commercial cleaning in buildings, banks, overnight and that paid my fees, fines, restitution and then when I wasn’t doing that, I would just hustle my butt off with tattooing." 

But working overnights hindered Hardin’s ability to tattoo, a passion he developed in prison that he hoped to turn into a career. So, he began to look for a different job:

"Probably in a four-month span over 100 applications. Legitimately. I’m talking Craigslist jobs, jobs listings, newspaper, door-to-door," he said.

And when he would land an interview, things often went downhill quickly.


"I would get to the interview process and as soon as I started explaining my record or why I was incarcerated, you would see the momentum swing of he’s a potential future hire to I would never hire this guy."


Findings like these aren’t purely academic.

Clyde Hardin, a tattoo artist in Tucson, served two stints in prison. When he was released, he had help finding a job.

"My, now, wife got me my first job. I did commercial cleaning in buildings, banks, overnight and that paid my fees, fines, restitution and then when I wasn’t doing that, I would just hustle my butt off with tattooing." 

But working overnights hindered Hardin’s ability to tattoo, a passion he developed in prison that he hoped to turn into a career. So, he began to look for a different job:

"Probably in a four-month span over 100 applications. Legitimately. I’m talking Craigslist jobs, jobs listings, newspaper, door-to-door," he said.

And when he would land an interview, things often went downhill quickly.

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Eric Mayo

Will my juvenile record work against me?

Lost girls: Young women face harsher punishment

in Maryland’s juvenile justice system 

I got into trouble when I was a teenager. I am now in college and trying to decide on a career. I am interested in becoming an Elementary Education Teacher. Even though I have a juvenile record, will it stop me from having a career in the field I choose?

Thank you.

Chris

Will my juvenile record work against me?

Hello Chris,

That is a very good question. Contrary to what many people believe, your juvenile record does not disappear when you become an adult. My advice to you is apply to have your record sealed by the court. Often felon job searches begin with a little legal assistance.

Once a case is “sealed” and can only be examined by order of the court. To seal a criminal record means that a court clerk is ordered by a judge to hide a court record of criminal proceedings from public view. Originally records were actually placed in an envelope which was secured with a wax seal. The records are not destroyed because under certain circumstances, a court can order that sealed records be reopened. Generally, however, the effect of sealing is the court acts as if the information in the record never existed. Even a juvenile record can be sealed through the juvenile court. Once this has been done, the offense shall be deemed never to have occurred. There are no exceptions to this type of sealing; offenses are treated as though they never happened. A court not only seals its records, but also orders that records containing information about the charges held by others be sealed as well. Once a criminal record is sealed, all of the proceedings in it are treated as if they never occurred. Persons may then properly and lawfully answer any questions about the arrest, acquittal, conviction etc., as if they never happened. For example, it is OK in a job interview or even under oath to deny a sealed conviction. Once a record has been sealed it is not gone. I will be visible to law enforcement, government agencies and the court system.

Check with your local legal aid office for getting help getting this done.

Good luck.

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Will my juvenile record work against me?

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 Should a felon lie on applications to get jobs?

Mark Kodiak Ukena, Lake County News-Sun

I have a friend who tells me all I have to do to get a job even with a record is lie. He said That an employer has to get written permission to legally run a background check on anyone. So according to him, if they don't ask for permission, just lie about my record. I want to do things the right way. What do you think?

Thanks,

Ricky

 Should a felon lie on applications to get jobs

Hello Ricky

A lot of employment applications have a Certification/Release Statement that the applicant must sign before the application is considered. This statement may also be called an Authorization. The employer is asking you to certify with your signature that all of the information you have given is correct. Part of this certification is a release that gives the employer access to information provided by past employers, law enforcement agencies, educational institutions and other organizations that may have information about you. This is usually in fine print at the very end of the application.

Some believe by being honest on applications they don’t have a chance at getting a job. The fact is an employer cannot legally refuse to hire you because you have a criminal record unless the conviction is directly related to the job for which you are applying. I have spoken with former inmates who have lied on applications and gotten jobs, only to lose them later when background checks were done. Some have been encouraged to use the response “Will discuss at interview.” In my opinion, these are not good practices. The best advice I can give is BE HONEST! Employers have a responsibility to know as much as possible about prospective employees. There have been employers who have been found guilty of negligent hiring when employees who have criminal pasts committed acts that resulted in harm to others. Those situations could have been avoided by careful screening through background checks. Employers will ask directly on applications about criminal convictions as a means to protect himself, his business, and others.

Most employers are concerned with convictions. Pay careful attention to the wording of this question. It may vary from application to application. Typically the question will ask about convictions of crimes and/or felonies and not so much misdemeanors.

There is one exception to this. Before you answer the question "Have you ever been convicted of a crime?" look for the certification/release statement. If there is none, I would leave the space blank. It is often overlooked by being left blank and you won’t have to address the question at all. If it is noticed, and you are questioned, always answer truthfully.

Larger companies will almost always have a release to sign. Ex-offenders and felons stand a better chance of being hired by small companies rather than larger ones. Smaller companies usually won't spend money on expensive background checks. Also the owners or managers of smaller companies usually make the hiring decisions. Jobs for felons and ex-offenders will depend on being honest on employment applications.

I hope this helps.

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