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.
“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.
Companies Hire Felons | Companies That Hire Felons | Companies That Hire Ex-offenders | Employers That Hire Ex-offenders | Employers That Hire Felons | Jobs For Felons | Jobs For Ex-offenders | Jobs That Hire Felons | Resumes for Felons | Felon Friendly Jobs | Felon Friendly Employers | Jobs for Felons | Jobs For People That Have Felonies | Jobs For People With A Criminal Record
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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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
How can a juvenile record affect my child's life?
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
Companies Hire Felons | Companies That Hire Felons | Companies That Hire Ex-offenders | Employers That Hire Ex-offenders | Employers That Hire Felons | Jobs For Felons | Jobs For Ex-offenders | Jobs That Hire Felons | Resumes for Felons | Felon Friendly Jobs | Felon Friendly Employers | Jobs for Felons | Jobs For People That Have Felonies | Jobs For People With A Criminal Record
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.
Jobs for Ex-offenders and Felons: Employment Background Checks: Know Your Rights
Jobs for Ex-offenders and Felons: The Truth About Background Checks
Jobs for ex-offenders and Felons: Expungement of Criminal Records
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Just the thought of the term "Sex Offender" brings to mind the worst crimes imaginable. There are varying degrees of sex-offenses but they are all looked at by the average person as the worst case. For example, I had a student many years ago who was 15 at the time. He had gotten his fourteen year old girlfriend pregnant. The girl's family decided to terminate the pregnancy. The boy's DNA was tested against the fetal tissue and he was arrested, convicted and be came what is known as a sex offender. In my state, this kid has to register as a sex offender for the rest of his life. By being registered, he has to report to the state police his address, place of employment and must be photographed every year for the state sex offender registry which includes him on a website for the world to see. For the rest of his life, he will be listed on this website as having sex with an underage female regardless of the circumstance.
Jobs that hire Sex Offenders
Often the same reaction that the sex-offender gets from the public at large is the same reaction that the average employers have. So what a person with a sex offense do to earn a living? I have to admit, the students that post the biggest challenge in terms of getting hired are the convicted sex offenders. The very first suggestion I make is to begin to look for jobs that have limited contact with other people. Not that they are apt to harm others but employers may be more willing to hire someone with a sex offense who would be in no way be a liability.
I have been helping ex-offenders and felons get jobs for many years and in my experience, sex offenders are more like likely to get hired in the following areas:
Warehousing Construction Building Trades Animal Shelters Temporary Agencies Janitorial Services Automotive Services Assembly/Manufacturing Trucking
As I often suggest to all ex-offenders and felons looking for jobs, that smaller businesses are more likely to hire those with criminal records. Often you will get a chance to speak directly with the business owner or the person who makes hiring decisions.
When applying to small businesses, you will find that they use generic applications that you may find at your local office supply store. On these applications, you may find the standard question "Have you been convicted of a crime.............?" I commonly urge sex offenders to leave the question blank. Hopefully, the person who gets the application will overlook this and you can get an interview. If the question comes up on the interview, don't spend a lot of time answering or explaining. Offer a brief explanation that may begin with something like this, "I'm glad you asked because I want you to feel comfortable about hiring me..........."
You may also want to go check with your local United Way office. The United Way works with many agencies that assists people with all types of situations. Your local office may have resources or contacts to resources that can assist someone in your situation.
Another option is to speak to your parole or probation officer. The PO may know of employers who have hired registered sex offenders.
Finding a job as a sex offender will not be easy but there are employers who are willing to give you a chance. Your challenge is to find them.
Best of luck.
Jobs for Felons: Know your Right Regarding Background Checks
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
Companies Hire Felons | Companies That Hire Felons | Companies That Hire Ex-offenders | Employers That Hire Ex-offenders | Employers That Hire Felons | Jobs For Felons | Jobs For Ex-offenders | Jobs That Hire Felons | Resumes for Felons | Felon Friendly Jobs | Felon Friendly Employers | Jobs for Felons | Jobs For People That Have Felonies | Jobs For People With A Criminal Record | Jobs that Hire Sex Offenders
