Obtaining Employment Prevents Crime

According to the Sentencing Project, 60 percent of individuals are unemployed within one year of release from prison, and those who do find jobs take home 40 percent less than everyone else in annual pay. These statistics are especially startling if you look at them in conjunction with another study conducted by Redemption Bridge, which demonstrates that 66 percent of released convicts are arrested again within three years. However, that same study demonstrated that those that found employment were 10 times less likely to be rearrested. In other words, the ability for those with a criminal record to find employment is key to preventing engagement in additional criminal activities.

Is It Prejudice, Cost, Or Both?

While, obviously, if employment is a key barrier, the problem starts at the job application stage. However, many might be surprised to find out that not only do many employers screen for criminal records, 55 percent ask about an applicant’s criminal history during the interview process itself, with only 10 percent deciding to wait to ask until after making an offer to the applicant.

In fact, many employers automatically place applicants who check a box implying that they have a record in a separate “rejection” pile, leaving absolutely no opportunity for an applicant to qualify or explain what happened, or even differentiate between a misdemeanor and a violent crime. This is where the uphill battle begins; as well as the launch into recidivism and life of poverty.

Why do so many employers refuse to delve deeper into these applicants? According to Forbes, it has to do with the cost of diving deeper, where spending $8-$18 per applicant is characterized as “onerous.” Arguably, it also has to do with cultural bias and assuming that workers with a criminal record are non-hirable; even if the “crime” involves marijuana, which is no longer a crime under some state laws.

Solutions?

Forbes recommends that employers do more to “calibrate criminality” and assess the degree of the crime, as it relates to the employment, during the application process (thus allowing for excusing minor crimes and misdemeanors, such as marijuana-related arrests). The article suggests that this can be done via advancements in hiring and screening technology, and adding follow-up questions; all relatively cheaply. Passing federal legislation to “ban the box” would also be very helpful.

However, it is important to note that states like New York are already taking things into their own hands, and passing laws which allow certain individuals to simply get their criminal records sealed so that employers cannot view them. 

New York Attorneys Working To Get Criminal Records Sealed

If you live in New York, there is absolutely no excuse not to get your record of conviction sealed and give yourself a chance when it comes to the employment process. Contact Levy & Rizzo, LLC, The Clean Slate Attorneys today for a free consultation to find out how we can help.

Resource:

forbes.com/sites/aakashkumar/2018/03/31/a-potential-solution-to-crime-and-poverty-hiring-more-criminals/#5bdfd88b207b

The case involved was brought as a class action lawsuit against the company Target for violations of the Civil Rights Act of 1964, alleging that Target’s policies involving screening criminal records had a disparate impact on job applicants with African-American and Latino ethnic backgrounds. Specifically, plaintiffs argued that the standards Target relied on for assessing ex-offender jobs applicants as eligible or ineligible for employment were illegal.

Settlement Adjusts Target’s Hiring Policies for Applicants with Criminal Backgrounds

While Target did not admit liability as part of the settlement, the parties negotiated a settlement that requires Target to provide programmatic relief and monetary damages. Specifically, as part of the settlement, Target will have to retain two experts (who work in industrial and organizational psychology) to design and implement adjudication policies for hiring applicants with criminal histories for hourly (non exempt) positions at Target stores.

Employers Regularly Violate State & Federal Laws in Judging Job Applicants with Criminal Backgrounds

Criminal record screening policies have become a national issue of concern for both legislators and the Equal Employment Opportunity Commission. It is crucial that employers actively ensure that they are complying with the relevant laws, which include any state with ban-the-box laws, the Civil Rights Act of 1964, and the Fair Credit Reporting Act.

The Civil Rights Act makes discrimination based on race and other specific factors in hiring illegal, while the Fair Credit Reporting Act mandates that any employer who is relying on consumer reports to screen job applicant first obtain permission from the consumer, provide them with the credit report if they decide not to hire them, provide them with an opportunity to dispute the information contained in that report before any adverse decision, not misuse this information, and inform the applicant how they specifically intend to use their credit report when they seek written permission to do so. In addition to these federal laws, over 150 cities and counties have also adopted “ban the box” laws and policies, which mandate that employers must consider a job candidate’s qualifications first without any stigma of an arrest record or conviction.

You Can Get Your Criminal Record Sealed In New York & Avoid This Discrimination

Don’t let yourself be a victim of employers placing employment hurdles in your way simply because you have a criminal record. If you live/work in New York, contact Levy & Rizzo, LLC, The Clean Slate Attorneys in New York today to find out how we can help you ensure that prospective employers will not be able to use criminal background information in assessing you as a job candidate.

Resources:

mondaq.com/unitedstates/x/690550/Discrimination+Disability+Sexual+Harassment/Criminal+Record+Screening+Policies+Continue+To+Raise+Important+Compliance+Issues

archives.gov/education/lessons/civil-rights-act

nelp.org/publication/ban-the-box-fair-chance-hiring-state-and-local-guide/

For example, convicted felons are not allowed to hold positions in fields involving dangerous materials, finance, law, or medicine, even if their convictions had nothing to do with any of these areas.

New York State Occupational Licensing Laws

Some businesses also require you to obtain a special license first. In New York, licensing agencies are required by law to make licensing decisions on a case-by-case basis, and are prohibited from denying an individual with a criminal record a license due to their conviction unless the conviction is directly related to the specific license sought or the issuance of the license would create an unreasonable risk to property or public safety.

Specifically, in determining whether there is a risk and/or job-relatedness, licensing agencies must consider the following factors:

• The specific duties and responsibilities related to the license being applied for and the bearing (if any) that the individual’s criminal history will have on their fitness to perform these duties and responsibilities;
• The time that has elapsed since the criminal conduct;
• The applicant’s age at the time of the criminal conduct;
• The seriousness of the offense;
• The legitimate interest of the licensing agency in property or members of the public; and
• Any evidence of rehabilitation that the applicant with a criminal record presents, including a Certificate of Good Conduct or Relief from Disabilities.

Other statutes also restrict licensure or certification to persons of “good moral character,” automatically implicating individuals convicted of certain crimes (i.e. those that “reflect on moral character”).

Bias & Hurdles

Even if you are able to start your own business with your criminal conviction, having that conviction on your record can ignite the prejudices in others, and prevent your business from being as successful as it could be. This can be especially difficult if you are relying on outside funding for your business, as applying for a loan, business grant, and/or credit card can also be challenging with a past conviction.

New York Record Sealing Attorneys

If you have been convicted of a crime years ago, the last thing you would expect is to be denied the right to start your own business and make a living. New York allows individuals convicted of certain offenses to have the record of their conviction sealed. For assistance in this regard, contact Levy & Rizzo, LLC, The Clean Slate Attorneys today for a free consultation.

Resources:

nav.com/blog/start-business-criminal-record-27792/

labor.ny.gov/formsdocs/wp/correction-law-article-23a.pdf

Rep. Doug Collins recently introduced the Prison Reform and Redemption Act, which seeks to reduce the risk that prisoners will recidivate upon release from prison by helping ex-offenders find employment. Specifically, the bill directs the Federal Bureau of Prisons to assess each inmate’s risk of reoffending and provide customized resources to meet their needs. Some of these resources include educational support, mental health care, substance abuse rehabilitation, vocational skills development, and other essential services.

Employment Is Key to Reducing Recidivism

Statistics have shown that the best way to prevent recidivism is employment, and the best way that ex-offenders can obtain employment is by getting their records sealed and/or getting potential employers and other members of the community (non-profit organizations, private companies, etc.) to offer some of the rehabilitation or vocational training resources. Thus, in addition to taking advantage of state record sealing programs, incentives must be provided to companies, nonprofits, and others who serve the community to help ex-offenders reintegrate into society and find employment.

Ex-Offenders Also Need Identification for A Fresh Start

This also applies to the ability for ex-offenders to obtain identification documents, such as a driver’s license. This documentation is often a prerequisite to employment, and thus criminal record sealing and associated programs must also help ex-offenders obtain the identification they need to apply for jobs, thus decreasing the chances of recidivism.

Still Much Left for States to Do

An estimated one in three American adults has a criminal record, with an additional 2.3 million currently incarcerated here. Over 95 percent of those who have a record will reenter society, and will thus need a way to support themselves by getting employed. Still, a federal bill like the one proposed only stands to benefit approximately 200,000 federal prisoners, indicating that the states must take additional action to help ex-offenders become productive members of society.

If You Live In New York, Get Your Record Sealed

If you live in New York and have a criminal record, there is simply no excuse not to take advantage of the opportunity the state has provided and live your life without the obstacles that having a criminal record presents. Contact Levy & Rizzo, LLC, The Clean Slate Attorneys today to help get you started with a clean slate; our office is in Bronx, and we serve clients throughout New York.

Resource:

forbes.com/sites/jaredmeyer/2018/03/19/congress-can-promote-work-over-crime-for-ex-cons/2/#17279e4e65b3

Perhaps most importantly, the criminal record these victims have can ruin their chances of getting an “honest” job. This keeps many of them constantly running from situations—fearful of judgment—and constantly facing obstacles in doing something different with their lives.

The Lives of Trafficking Victims

Wiping the slate clean for nonviolent crimes that are committed as a result of a trafficked individual’s victimization makes sense, and is arguably the main reason why criminal record sealing laws are passed in the first place.

Because trafficking victims do not actually receive the money they make, they often have to steal to feed themselves, resulting in theft charges (in addition to prostitution). In addition, their traffickers will also often use drugs as a means of coercion and control; hence victims become addicted to drugs and in many cases face drug charges as well. Courthouse News recently covered one such victim, whose drug, prostitution, and theft convictions continued to follow her via potential employers rescinding job offers once background checks were done, even years after she turned her life around and got her GED.

Bias in Applying For Jobs

While there are charities out there that offer classes to help victims learn skills to help them succeed—including teaching them how to search for jobs, write a resume, interview, etc.—only so much can be done when employers themselves have their own inherent biases. This is especially the case when so much of the initial job application involves applying online versus meeting people in person.

The Problem Here In New York City Is Massive

Sadly, this problem is prevalent in New York City, where thousands of people who are victims of sex trafficking are arrested, charged, and convicted of prostitution-related offenses every year. Criminal convictions for prostitution are permanent, leaving victims plagued by prostitution convictions for years or decades even after they have escaped their traffickers.

Getting Your Record Sealed Is Still the Easiest Route Out

New York has made some progress on the issue by treating youths charged with prostitution differently in the criminal justice system as well as allowing certain individuals charged with prostitution to re-open their cases and have their convictions vacated if they can show that the conviction was the result of being victimized by sex trafficking.

However, none of these initiatives are perhaps as convenient as New York’s October 2017 law allowing individuals like these to get the records of their convictions simply sealed. As a nonviolent crime, prostitution charges are covered by this law, allowing victims to get their records sealed, and a fresh start in job applications.

New York Criminal Record Sealing Attorneys

For assistance in getting your record sealed here in New York, contact Levy & Rizzo, LLC, The Clean Slate Attorneys today for a free consultation. We are eager to help you throughout each step of your case.

Resources:

kgun9.com/news/human-trafficking/sex-trafficking-victims-struggle-to-overcome-criminal-records

courthousenews.com/expungement-law-helps-human-trafficking-victims-move-forward/

The episode sadly altered the course of her life. After attempting to sell drugs at a local bar while a minor, she was charged with a felony and a jail sentence. Soon after, in attending college, she found out that she could not become a nurse or teacher because her felony conviction barred her from doing so.

Previously Blocked From Having a Career

Sadly, whenever she disclosed her prior felony conviction, she was continually told that the teaching field was not appropriate for her, and she shouldn’t even bother to get involved in nursing. This is because, prior to now, New York made it impossible for those with felony convictions to expunge or seal their records. As a result, a criminal conviction would remain on someone’s record for life and appear in every single civil background check, making it impossible for anyone to have a shot at redemption.

Closed Doors Lead To More Trouble

There is no question that, in addition to the prison time, fines, forfeiture of assets, probation, and restitution, there are continuous, additional collateral consequences for those who have already done their time, blocking them from education, employment, housing, school loans, and so many other important opportunities necessary for getting by in life. As a result, many have a difficult time seeing any kind of future at all for themselves, and suffer from a lack of self-esteem and problems in their relationships as well. In fact, just walking into a job interview can be a terrorizing experience.

Even some who are retired and are no longer experiencing deleterious effects on their careers sometimes apply to have their records sealed for their own peace of mind.

New York’s Criminal Record Sealing Law

Fortunately, in late 2017, New York’s Criminal Procedural Law (CPL) Section 160.59 went into effect, allowing individuals convicted of certain non-violent crimes convicted 10 or more years ago to have their records sealed. Specifically, anyone classified as a predicate felon, sex offender, or violent criminal is not eligible to apply, and there must have been at least 10 years between the last conviction; with no new conviction during those 10 years. The opportunity is also limited to individuals who have one felony conviction, one felony plus one misdemeanor conviction, or two misdemeanor convictions.

New York City Criminal Record Sealing Lawyers

There has never been a better time to have your criminal record sealed. Contact the New York City-based office of Levy & Rizzo, LLC, The Clean Slate Attorneys to find out how we can help.

Resources:

qns.com/story/2018/02/28/new-state-law-will-help-queens-woman-get-fresh-start-high-school-drug-conviction/

nycourts.gov/FORMS/cpl_160.59_sealing_application/index.shtml

The research conducted by Clemson University Economics Professors Michael Makowsky and Amanda Agan specifically found that a higher minimum wage and earned income tax credits (EITC) make the difference between recently-released prisoners returning to prison or being able to make a living outside of crime. In fact, there was a direct ratio between every dollar increase in minimum wage and the percentage point regarding the numbers of those who returned to prison. This was reportedly even more significant for women, in particular in states where earned income tax credit wage subsidies were available.

The Stigma of Having a Criminal Record & Lifetime Earnings

According to the National Corrections Reporting Program database, approximately 600,000 people are released from prison each year, with approximately 17 percent returning to prison within one year and 35 percent returning within three years. It is the stigma of having a criminal record that has a significant impact on someone’s employability and, as a result, their lifetime earnings. 

The Study

While previous research has discussed the potential effects minimum wages can have on the number of people hired, it has not specifically focused on how minimum wage specifically affects crime and the rate of recidivism. In the Clemson study, the researchers examined nearly six million criminal offenders who were released between 2000 and 2014, as well as more than 200 state and federal minimum wage increases and 21 earned income tax credit programs to ultimately find that recidivism is affected by incremental increases in minimum wages.

The study highlights the fact that those who have already served their time are making huge life decisions within thin economic margins, and with criminal records that they can never escape. This means that they are not making a decision between two jobs as much as making a judgment on whether a job or committing crimes can better support them financially. It also highlights the potential effectiveness of increasing EITC benefits as a policy.

New York Attorneys Who Can Help Clear Your Criminal Record

If you have been convicted of a crime, your record can not only affect your ability to obtain employment, but how much you are paid in terms of the wages you need to support yourself. You have done your time, and you deserve a fresh start. If you have a criminal conviction in New York, contact Levy & Rizzo, LLC, The Clean Slate Attorneys today to find out more.

Resource:

newsstand.clemson.edu/mediarelations/minimum-wage-can-affect-criminal-recidivism-clemson-study-says/

Unfortunately, employers are often instructed to require that employees disclose if they have been charged or convicted of a criminal offense. Even if some states have already barred private employers from asking these questions during the employment process and/or otherwise limiting employers from probing into criminal history when it comes to applications. We discuss this in more detail below.

Unfair Discrimination

Many HR guides also unfairly label employees who have been disciplined or terminated due to their convictions, claiming that it is not uncommon for employees to “claim” that an employer is unfairly targeting them, and thus employers must be sure to apply policies relating to disclosure fairly and consistently. Not only do many with criminal records face insurmountable barriers to obtaining employment, but they face disparate treatment once they get into the workplace as well.

U.S. Equal Employment Opportunity Commission Guidance on the Use of Criminal and Credit Records

Approximately 90 percent of employers still do criminal record background checks on potential hires, and one in four U.S. adults has an arrest or conviction that would appear in these routine checks. This results in an unfair amount of discrimination in the workplace. 

Employers rely upon the U.S. Equal Employment Opportunity Commission (EEOC)’s guidance concerning pre-employment selection guidelines to guide their decisions in response to information provided by criminal background checks on job applicants. The guidance provides that the following factors should be considered:

• The nature and gravity of the offense;
• The time that has passed since the offense; and
• The nature of the job sought or held.
  

Still, the Commission has yet to provide new or additional guidance as to whether the use of criminal background checks may discriminate against some candidates and employees. Employers can also use what’s known as the “business necessity defense,” whereby the employer has the ability to demonstrate that the policy is related to the ability of the candidate to successfully perform the job.

New York Criminal Record Sealing Lawyers

Although you should in no way be judged in your employment based on a mistake that you made years ago, sadly, the reality is that trying to get a job, and maintain trust as an employee, can be negatively affected by having a record.

In New York, you have the right to get your record sealed under a variety of circumstances. Contact Levy & Rizzo, LLC, The Clean Slate Attorneys today to find out how we can help.

Resources:

hcamag.com/opinion/employees-with-criminal-records–an-hr-guide-246067.aspx

eeoc.gov/laws/guidance/arrest_conviction.cfm

shrm.org/hr-today/news/hr-magazine/pages/0212krell.aspx

The studies undertaken were unique in their own way because they based their research on the U.S. military—the nation’s largest employer. They ultimately found that ex-felons were not more likely to be dismissed for poor performance or misconduct compared to other enlistees. In fact, they were more likely than candidates without records to be promoted to higher ranks.

Ex-Felons Must Seek Waivers to Try to Join the Military

While the law prevents anyone who has been convicted of a felony to enlist in the military, a military recruit may request what is known as a “moral character waiver” after having a background check. These waivers are intended to consider the various circumstances surrounding the crime(s) committed, including the age when it happened, the individual’s qualifications and references, and other factors. It is these recruits who were the focus of the research.

The Research Shows: Those with Criminal Records Outperform

This study is not alone in its findings: some private firms have explicitly found that “criminals” can make better employees “than anyone else.” In particular, one study found that, employees with criminal backgrounds were more than one percent more productive on the job than those without criminal records, which could “result in tens of millions in profit and loss gain.”

But why would this be the case? Some of those associated with the data have speculated that it could be an increased sense of loyalty or duty coming from an employee with a criminal background. The employee may feel that they have been given an opportunity that would have otherwise been denied to them. In fact, this was one reason given those who conducted the Harvard-Amherst study. The research demonstrates that when properly screened and given a chance, ex-felons can turn out to be good employees sometimes going that extra mile to get beyond their past.

New York Record Sealing Lawyers

While society appears to be making some progress in the form of study after study released indicating that the consequences of having a criminal record should not include a ban to military service or employment, is still more difficult with a criminal record.

If you live in a state like New York, which allows for some with criminal records to have those records sealed or expunged, getting that record taken care of can prevent you from facing the endless discrimination that comes along with it. Contact us at Levy & Rizzo, LLC, The Clean Slate Attorneys today to obtain more information on how we can help.

Resources:

washingtonpost.com/news/on-leadership/wp/2016/05/06/why-former-felons-may-be-good-employees/?utm_term=.61ddea08b134

cnbc.com/2014/02/12/inside-the-wacky-world-of-weird-data-whats-getting-crunched.html

justice.gov/sites/default/files/pardon/legacy/2006/11/13/collateral_consequences.pdf

In this endeavor, businesses, states, and local governments have a large role to play. These discriminatory effects come in many forms: While some are codified into laws and regulations that bar those with criminal records from working in certain professions, others occur on a more case-by-case basis, when an employer tosses a resume in the garbage if an applicant reveals their criminal history.

Discrimination from Employers, Local Governments, and States

States and local governments are often the ones placing limitations and barring those formerly incarcerated from obtaining particular jobs and/or professional licenses (even though one in three jobs mandates having a professional license in the U.S. today), while employers relying on biometric information to judge job applicants are arguably doing even more damage. This information—often conveyed simply through name-based background checks or fingerprints—frequently fails to reflect updated, accurate, complete information, as well as mitigating factors, such as whether the offense was committed many years ago. Many employers also fail to realize that statistics have shown that over time, the chances of re-offending decrease significantly.

One-Third of All Americans Affected

Many would be surprised to find that this applies to nearly one in every three Americans. Indeed, one-third of all Americans have some kind of criminal record, and nearly 95 percent of all who are once incarcerated—i.e. 2.2 million people—will eventually be released, needing to support themselves and reintegrate into society as a contributing member.

A Vicious Cycle Created

Still, a vicious cycle seems to be unavoidable because of the well-embedded discrimination faced: nearly 60 percent of those released are still unemployed after one year, and those who were employed are paid an average 40 percent less than those working in the same job, but without a criminal record. This is a dire reality, as being able to obtain and keep a job is one of the top ways of preventing recidivism.

Hope?

In addition to more and more states like New York allowing those convicted of certain crimes to get their records sealed or expunged so that they can apply for jobs without facing this discrimination, data has also been assembled demonstrating the value that those previously incarcerated contribute to the workforce, which is encouraging. Some of this data demonstrates that those previously convicted of a crime were slightly more productive than those with no criminal record whatsoever. 

Help Getting Your Record Sealed In New York

No one should be punished via under or unemployment after they’ve already served time for committing a crime. Fortunately, states like New York offer a chance to get your record sealed or expunged for certain convictions. To obtain additional information, contact Levy & Rizzo, LLC, The Clean Slate Attorneys for a free consultation.

Resource:

insidesources.com/challenging-life-sentence-unemployment-upon-re-entry/