In Our Opinion: Employers have the right to make informed decisions

Originally published The Daily Star, Tuesday, March 28, 2023

The Clean Slate NY campaign and Business Council of New York are fighting for a new law gaining traction in the state Senate, which would allow records of those New Yorkers with criminal convictions to be shielded from public view.

Here is how it would work: Individuals convicted of felonies other than sexual offenses would automatically have their convictions sealed seven years after sentencing or release from incarceration if it lasted longer than a year and if they have had no subsequent arrests and no pending cases in the state.

For individuals convicted of misdemeanors, records would be sealed three years after sentencing or release with the same stipulations.

Employers hiring for jobs dealing with vulnerable populations, such as the elderly, children and people with disabilities would continue to be able to check the conviction records of applicants, as would police departments, the courts, county prosecutors and criminal defense attorneys.

Advocates of the Clean Slate Act argue the measure is designed to allow those who have been sentenced for felonies and misdemeanors to get a second chance as they reintegrate into society.

Those who oppose the legislation, such as Sen. Dan Stec, R-Queensbury, said many people who have been convicted of crimes were already given two, three or even more chances before ending up with a record.

“If I’m hiring somebody to watch my kid, or watch my money or to do maintenance on my house, I want to know whether that individual has been convicted of a felony or a misdemeanor, and I think most people would agree,” Stec said. To seal such records automatically a few years after the individual has completed the court-imposed sentence, Stec added, “amounts to a slap in the face to everyone who bothers to obey the law.”

Assembly GOP Leader Will Barclay, R-Pulaski, said while he agrees second chances are important, “people have the right to make informed decisions.”

To that, we agree. Second chances are important. Although we would like to believe those who have served their time are no longer at risk of re-offending, that is just not the world we live in.

The Daily Star employs about 40 local residents. Those in management make hiring decisions regularly. Those decisions are not taken lightly.

New York state currently has protections in place both for businesses and those convicted of felonies and/or misdemeanors in Article 23-A of the state Correction Law.

Employers in New York are not allowed to discriminate against hiring ex-offenders, unless the felony and/or misdemeanor conviction(s) is related to the type of employment or license being sought.

The question we ask is, how does a business know whether or not a prior conviction disqualifies an individual from being hired if those records are sealed?

To business owners: If an applicant walked into your business, having served time for multiple counts of embezzlement, would you knowingly hire that candidate to your accounting department?

We doubt it.

To use our business as an example: We would likely hire that candidate. We would give them a second chance.

However, we would hire that candidate to work in a department other than accounting as long as they met the criteria for employment and we would be well within our rights to do so.

It is risk mitigation.

In this scenario, the applicant still has gainful employment.

We doubt anyone opposed to clean slate legislation would argue those convicted of felonies or misdemeanors do not deserve employment or that those individuals deserve to suffer for the rest of their lives. They absolutely deserve a shot.

So do employers.

Employers are faced with tough decisions every day. We believe, if they are expected to make those decisions, they should be given all of the facts.

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Jobs for Felons

Shutting former felons out of opportunity is economically foolish

Nearly half of all children have a parent with a criminal record, and the US is losing $87 billion a year in GDP by not employing them

Ap Prison Visitor Fee A File Usa Az

(Photo: Matt York/AP)

Our nation’s failed experiment with overcriminalization has burdened between 70 million and 100 million people with criminal records. That's nearly a third of the population. Millions are marked with a scarlet letter that can lead to a lifetime of closed doors.

And closing opportunities — in housing, education and, more than anything else, employment — isn't just morally wrong, it's bad economic policy. 

The two of us don't agree on much — one of us is a former Obama administration official and the other works for Koch industries. But we both believe adamantly in the need for second chances and in the economic boon our country would experience if we fully gave them to people with criminal records who have paid their debt to society. 

And while there is some momentum in Congress to enact reforms on the federal level, the fact remains that the federal system is only a small part of America's criminal justice problem. The lion’s share of criminal records come from the states, and there’s much states can do to put fair chances within reach, no matter what happens in Washington in the coming weeks.

Doesn't make economic sense

Shutting people with criminal records out of the workforce costs the United States up to $87 billion in lost gross domestic product every year. Individuals who can’t make a living legally are more likely to continue breaking the law and are likely to go back to prison, causing costs to rise even higher. Needless, preventable cycles of recidivism strain government resources — and make our communities less safe.

If a job applicant has a criminal record, his chances of getting called back for the job or of getting a job offer are essentially cut in half. Sometimes, that bias is legally mandated. Most states have multiple occupational and business licensing laws that prohibit hiring people with felony convictions. Still more legal restrictions deny formerly incarcerated people access to crucial resources like loans, credit and educational opportunities. And if these individuals want to vote to change that system — well, they often can’t do that, either.

It’s not just individuals who suffer because of this discrimination — it’s entire families. More than 33 million kids in the USA have a parent with a criminal record.

When formerly incarcerated people can’t find housing, their children are often forced to live with grandparents or sent into foster care. These challenges can lead to behavioral and school performance problems that get in the way of a kid’s future — making it more likely for that family to be trapped in a cycle of poverty for generations.

Current laws aren't enough

There are already laws that are supposed to help folks get second chances. States allow people to petition to expunge or seal at least certain records. 

Nonetheless, thanks to antiquated and complex application processes, the steep cost of legal assistance and expensive court fees, millions of eligible Americans can’t move on with their lives.

Clearing those records should be made much simpler. Pennsylvania’s Republican-controlled legislature and Democratic governor managed to work together this summer to do just that. They passed legislation, known as the Clean Slate Act, that will automatically seal certain types of records once a person has shown that he's on the right track by remaining crime free for a set period. States as diverse as Michigan, South Carolina and Colorado are seeking to do the same.

It’s a commonsense move that will make a huge difference — both for individuals and for the economy. 

In Michigan, improvements for the formerly incarcerated were seen even during the first year that their records were "set aside," according to a University of Michigan study. Wages, for example, increased by 22 percent. 

And data collected by the Society for Human Resource Management and the Charles Koch Institute show that most in the business world are open to hiring and working alongside individuals with criminal records.

The midterm elections exposed the deep divisions so many feel in this country. It also marked the start of political careers for a number of state legislators and governors. As they think about what they’ll prioritize during their terms, we hope they'll take up legislation that will automatically seal or expunge records, to give people the chance to start over and strengthen their state and local economies. 

Our nation works only if we keep our promises. This is a chance for state legislators to lead the way for their federal counterparts by moving past the divisions that too often define our politics. It’s an opportunity to come together — to strengthen our communities, to support our neighbors, to give people the opportunity to succeed. When we say that everyone deserves another chance and a fair shot at the American dream, let’s make sure we mean it.


David Plouffe and Mark Holden, Opinion contributors
The original article can be found here: https://www.usatoday.com/story/opinion/policing/2018/11/23/former-felons-being-pushed-out-workforce-hurting-our-economy/2016435002/

Eric Mayo

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

Five Bottom Line Reasons Why Employers Should Hire Ex-Felons

Mike Green, Contributor

Co-founder, ScaleUp Partners LLC

There is no city in the nation that’s growing faster than the population of 70 million Americans with criminal records. As one of them, former real estate developer R.L. Pelshaw is determined to turn this costly societal burden into an opportunity. “With criminal records it’s difficult for many ex-offenders to get jobs making a livable wage,” Pelshaw said. “Showing (ex) criminals how to be successful in legal businesses is far better then returning to crime, and will change the destiny of millions of people.” For employers, there exists a real opportunity to disrupt the continuous cycle of quarantining humans. And for the sake of society at large, sustainable employment may not only represent our best opportunity to significantly disrupt recidivism and the growing population of Americans with criminal records, it may be our only option. Consider the costs. Between 1973 and 2009, the nation’s prison population grew by 705 percent. Over the past two decades costs of incarceration have skyrocketed more than 305 percent, according to a 2011 Pew study. States now spend more than $52B out of their budgets (second only to Medicaid), for incarceration. And the economic impact inherent in the process of policing and locking up those who perpetrate crimes in our communities is compounded by the economic impact of high recidivism rates of 84 percent for males, age 24 years and younger. This revolving door is fueled by a pipeline that has grown exponentially over the past several decades to the point where the United States incarcerates more of its population than any nation in the world. America’s employers must take note of what happens to released inmates when they re-enter society, often after years of being quarantined, and with little hope of finding employment that funds a new path to productive citizenship. In 2012, more than 630,000 inmates were released into targeted communities across America. According to the latest study by the Bureau of Justice, three of every four released prisoners were re-arrested within the five-year life of the study. An extraordinarily high percentage (89 percent) of ex-felons re-arrested were unemployed. Pelshaw is determined to change that. He launched and self-funded a campaign called, The National Hire Ex-Felons Campaign, designed to inform employers of the benefits of tapping into this 70-million-strong workforce. Of course, there are plenty of unemployed people who do not commit crimes. The suggestion is not that employment alone is a panacea for this national problem. But, there is no other immediate option to developing sustainable financial stability for ex-felons. The longer that former inmates remain unemployed following release, the greater the risk they will seek income through alternative means. Their fate impacts the fate of families, communities and ultimately society at large. Employment is one of the tools we have to address this growing problem. Those who pay their debt to society and emerge from prison with a new perspective and lease on life deserve an opportunity to earn a living. They represent a class of prospective employees unlike any other. But, why should employers assume the risk of hiring ex-felons? You may be surprised by these five fact-based, bottom line reasons. Hiring Incentives: Finding good help is a key factor in running a successful business. Too many employers get robbed daily by lazy employees who work with a sense of entitlement, watching the clock, anticipating that moment they can break free of the bonds that trap them in cubicles, offices and warehouses. Many daydream of weekend getaways and play-cations while robotically moving through tasks, diluting the level of worker productivity. Ex-felons are no stranger to hard work. And they are grateful for the opportunity to earn a living. Most believe they have something to prove to their families and employers. But there are additional bottom line incentives to employers who hire former inmates. Substantial tax credits are available for hiring ex-felons, such as the Federal Work Opportunity Tax Credit. Some states even provide partial wage reimbursement, additional tax credits, and other training funds for employers who hire ex-felons.
“We’ve had three (subsidies) that amount to several hundreds of thousands of dollars to bear down on training our employees,” said Mike Hannigan, CEO of Give Something Back. “It’s amazing to me how many resources are available to a company.” Employers who hire felons can also be eligible to obtain a free fidelity bond funded by the federal government to protect them against employee dishonesty or theft. More importantly, credible studies clearly indicate that ex-felons out of prison seven years or more have no higher rate of committing a crime than non-felons. A 2009 University of Maryland study found that people with a criminal record are at no greater criminal risk after they’ve been out seven to 10 years than those with no record. Employee Reliability: Few things hurt a business more than high turnover rates. Employers who spend too much time with a focus on hiring employees who won’t leave shortly thereafter find themselves neglecting other areas of the business that require attention. Ex-felons have far fewer options than conventional employees. Due to the scarcity of opportunities for ex-felons, many employers that hire them have lower turnover than with conventional hires. According to the Partnership for Safety and Justice, many ex-felons have a favorable employment and educational history. “In general, formerly incarcerated people are as reliable as other workers,” the report states, citing numerous studies. Hiring Opportunity: The landscape of employable ex-felons is large. Ex-offenders on probation often have to maintain employment as a condition of release. Most parolees are drug-tested by their probation officer or halfway house at no expense to employers. Most parole officers and halfway houses welcome contact with employers of supervised felons. That supervision de-risks the employment opportunity and is an added value at no cost to the employer. An estimated 6.9 million persons were under supervision of adult correctional systems in 2013, according to the Bureau of Justice. This is a significant, largely untapped and motivated work force. A 2008 study by the Urban Institute Justice Policy Center found that fewer than 45 percent of felons were employed eight months after being released. In real numbers that means more than 3.5 million prospective workers are available for hire. Economic Impact: Employers can make a considerable difference in transforming a criminal liability into a community asset. Unemployed ex-felons are at a greater risk of re-offending compared to employed ex-felons. Many ex-felons turn to crime and return to jail (recidivism) because they can’t find a job paying a livable wage.
“People who break the law need to be held accountable and pay their debt to society,” said Adam Gelb, director of the Pew Center on the States’ Public Safety Performance Project. “At the same time, the collateral costs of locking up 2.3 million people are piling higher and higher.” According to VERA institute of Justice, the U.S. spends nearly40 billion a year to house inmates. The average cost per state to house one inmate is31,286 per year. But if that one felon gets a job instead of returning to prison, he or she now contributes to the economy by more than $10,000 a year, according to a Baylor University study. Crime Market Disruption: An estimated 70 million U.S. adults have arrest or conviction records based on Bureau of Justice statistics. Tougher sentencing laws, especially for drug offenses, have swelled that total. Society can’t afford to simply banish 70 million people from the workplace. Children of incarcerated adults are the highest at-risk group in America. Many follow in their parents’ footsteps, continuing the cycle of crime and fueling a criminal market pipeline. Children of felons are seven times more likely to be incarcerated themselves. They are more likely (23 percent vs 4 percent) to be expelled or suspended from school than other children.
And the criminal market isn’t just isolated to minority populations. Across the nation, 40 percent of young men (regardless of race) will have a police-record encounter before the age of 23. Of those incarcerated, 84 percent will return to prison. It’s a continuous criminal market cycle that costs taxpayers more than $52 billion a year and threatens the stability of families and communities, in particular those already suffering from economic distress. Employing an ex-felon can disrupt the cycle of this criminal market and provides an opportunity to restore stability to families through a solid financial footing. “To fight the vicious circle of crime and recidivism we need to create ways offenders, ex-offenders, those at risk to offend, and those living off crime (but not yet caught) can make money legitimately,” said Pelshaw, who is also the author of Illegal to Legal: Business Success for (ex) Criminals. With more than 630,000 inmates released into neighborhoods across America every year, the community of ex-felons released each year is larger than the population of many major cities. Employers are already discovering the challenges of finding good employees without criminal records. Perhaps it’s time employers considered the benefits of hiring good employees who happen to be ex-felons. Originally seen at Huffingtonpost.com: https://www.huffingtonpost.com/mike-green/five-bottom-line-reasons-_b_8021476.html

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

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

Eric Mayo

Tips to Help Ex-Felons Get Jobs

 

Thanks for stopping by my blog.  You are here because either you have a criminal record and want to put your past behind you by getting a job and becoming a contributing member of society or you want to help someone you really care about.  Getting a job with a criminal record is going to be difficult but not impossible.  I work with ex-felons everyday and many of them get jobs right away while others have to put more work and be more determined to overcome their individual situations.  Here are some important steps that ex-offenders and ex-felons can take to  dramatically increase their opportunity to get hired

 Tips to Help Ex-Felons Get Jobs

Get a Copy of your Criminal Record

At some time during the job search, the question about criminal record is going to come up.  I encourage my students to be totally honest when talking about their background.  The best way to do this is to have an accurate record of your criminal convictions.  If you have a probation or parole officer, he/she can help you get a copy of your record.

Find out if the convictions on your record can be sealed or expunged.  To be clear, NO RECORDS CAN BE ERASED.  If someone tells you that you can erase your record, do not believe them.  There are legal processes that can have certain convictions and charges hidden from public view making your record easier to work with.  Your record, even if hidden from public view, will always be available to all government agencies, court systems and law enforcement.

There are lawyers who make tons of money by using these processes so they are not going to like this but, you can get this done for little or no money.  I suggest to all of my students to contact their local legal aid office.  There you will be able to find out of expungement or sealing is available in your state and what can be done about your record.  If it is an option for you, you can get help getting it done for little or no money.

Get Some Really Good References

Increasingly employers are paying attention to references when considering new employees.  Ex-offenders and felons looking for jobs should be able to provide strong references that will help them make a good impression on employers.  There are employers that will hire a felon and a strong set of references from the right people can help you get hired.

References are upstanding members of the community who would say something positive about you. Good references  could help an employer look past your record. References from religious leaders, teachers, former employers and local political leaders would look great to an employer.

Most employment applications ask for for three references.  You should always have at least four.  Be prepared to list a name, title, and contact information for each one.  Make certain contact information is current and keep it updated.  Over time, phone numbers, titles and addresses change.

Get permission from anybody you want to use as a reference. Let them know that you are looking for a job and a reference from them would really help.  Never offer anyone as a reference without their consent.  Once you have your references all together, keep them in your job search folder for easy access when it is time to fill out an application.

Only offer references when they are requested.  Never put references on a resume.  Include a line on the resume that may say "References will be furnished upon request."

Taking the time to get good references will have a powerful impact on your job search.



Get A Resume

If you are looking for a job without a well written resume, you are at a disadvantage. A resume is a short, concise document that states relevant information regarding your education, skills, experiences, accomplishments, and job-related background. A well written resume will help you 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.



Dress to Get Hired

First impressions are very important.  What people think upon meeting you depends so much on what they see.  When prospective employers meet you for the first time what will they think they see?  Will they see a potential problem?  Will they see an ex-con trying to get a job?  Will they see a polished professional looking for an opportunity?  That will totally be up to you.

It is important that you look like someone of quality.  A well fitting suit with a nice shirt, a coordinated tie and polished shoes is what most ex-offenders and ex-felons should shoot for.  Your clothing should more for you that anything you say.



Get Some Quality Job Leads

Do you know what type of job you are looking for?  Do you know where open jobs are?  There are many ways to find out where jobs are.

1.  Networking - Networking is the single best way to find out where jobs are.  Networking is simply talking to people you already know to find out if they know about any open positions.

2.  State Job Services - State sponsored employment services have access to job openings and other services that can help you get a job.

3.  Temporary Employment - Companies use temporary employment services when they need help immediately for a certain amount of time.  A temporary agency could have you working on a very short time.  Some temporary assignment turn into permanent jobs.  Temporary agencies cater to a wide array of businesses like offices, restaurants, construction companies and even the medical industry.  Whatever type of work you do, you will be able to find a temporary agency that needs employees.  Check you local telephone directory or search online for agencies in your area and apply just as you would any other employer.

4.   Help Wanted Ads - Help wanted ads can be found in local newspapers. These advertisements can be found in the classifieds section of you daily newspaper, having listings of  open jobs. Ex-offenders and Ex-felons looking for jobs can also use the Internet to find help wanted ads.


Unfortunately, not all job fields are open to ex-offenders and ex-felon and you may not get the job you want right away.  You may have to start at the bottom and work your way up.  Be prepared


Practice Interviewing

The key to successful interviewing is practice.  You will have to practice how to answer questions especially the one you will get that relate to your criminal record.  Find someone to work with you practicing answering questions until you sound convincing.



These tips will get you started on your task of finding a job.  As I said before, it won't be easy, but having determination and working hard will definitely pay off

Tips to Help Ex-Felons Get Jobs

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Eric Mayo

Felon is looking for training and a career

Felon is looking for training and a career

Hello,

I am Allison, 29 yo, from southern CA.

My concern:

September 2020, I was charged with grand theft in the amount of $30,000 and as result I have a felony and must complete 5 years of felony probation. The actual crime occurred 8 years prior in 2012, at the age of 20. Characteristically, I don't even vaguely resemble the young person that I was then. I feel like I'm stuck working in a job that has no benefits, opportunities, or room for enhancement.

I was scheduled to begin classes this year for respiratory therapy, but the board does not allow felon participants because I will not be able to obtain state certification here in CA. Furthermore, as a convicted felon, I don't meet criteria to receive federally funded financial aid to attend any 2 year college.

I make $11 an hour and can't afford to pay for classes with my limited income.. I feel like giving up because I just don't know how to turn this around. The DA is willing to reduce it to a misdemeanor in 2 years and can be expunged after the $30,000 fine has been satisfied, but realistically, that may never happen.

In the meantime, I don't know what to do. I have an 8 yo son and I want to provide him with life beyond the necessities. I just don't know how or even where to begin.

Can you help me manage my life and come up with a plan, please?

Kindly,

Allison

 

Felon is looking for training and a career

Hello Allison,

Despite what you may consider a bleak situation, you are better off than most ex-offenders and felons...you have a job. You may not qualify for federal educational funding but you may qualify for occupational training funded by your state.  This training could very well be the start of a new career.  You can get more information from the state Dept. of Labor.  There is a Dept. of Labor representative at your local One-stop Career Center

As I suggest to most ex-offenders and felons looking for jobs, make a visit to your local One-stop Career Center. This is a really underutilized resource. Each state has a network of centers that provide an assortment of free services that can help you in getting a job. In addition, these centers provide a long list of services that can help people get jobs and even train them for new careers. Some services available are:

Career planning and counseling

Workshops (Resume Writing, Interviewing Skills, and related topics.)

Computers with internet access and word processing

Daily access to thousands of job listings

Job-related magazines and local newspapers

Job postings and referrals

Printers, fax machines, phones, and copiers for job search use

Each center has trained counselors that provide one-on-one assistance. Many of them have experience assisting ex-offenders and felons looking for jobs. You can find the One-stop Career Center nearest you at:

careeronestop.org

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 (2023)

Felon is looking for training and a career

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