Job Barriers Facing People with Disabilities
Overcoming Criminal Records
Stephan Haimowitz, J.D.
Burton Blatt Institute
Syracuse University
Disability & Criminal Justice
People with Mental Illness
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Significant percent of arrestees, county jail detainees, state prisoners
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Increasingly, Iraq / Afghanistan veterans
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Research continues on complex interactions
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MI, substance disorders & criminogenic factors
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Impacts of a Criminal Record
Numerous, Significant, Life-long
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Voting
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Credit
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Housing
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Child custody
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Employment
Employment Impacts
Applicant discloses record >> employer won’t hire
Worker who didn’t disclose >> fired for “false job application”
Criminal records are increasingly available
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On public websites
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From numerous private search companies
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From the 3 national credit reporting agencies
Controversy
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Data on recidivism vs. predicting individual behavior
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Protecting vulnerable populations
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Nature of certain jobs
A Case in Point
Judge Supports Soldier With Police Record Seeking to Join Force
New York Times, November 14, 2008 Page A-25
Rethinking Long-Term Impacts
NY Judge Henry Kron (sent Hernandez to jail in 2002)
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“The whole point is for someone who’s made a mistake to have a chance to reclaim their life.”
“Second Chance Act” (2008) - new direction in federal policy
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The point is that employment reduces recidivism
The Case Continues
Paterson Pardon Aids Soldier in Bid to Join Police Department
New York Times, December 30, 2009 Page A-23
Strategies to Overcome a Record
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Laws which impact employers’ use of criminal records
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Laws in most states create legal tools for individuals to “expunge” their record in some way
Note – both types of laws vary widely state to state -
Federal Bonding Programs, available in most states
Laws Impacting Employers Use of Criminal Record
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Laws restrict an employer’s discretion in considering these records but don’t require hiring
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Can apply to
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Public employers
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Public licensing agencies
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Private employers
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Usually require an Individualized Assessment of the applicant’s qualifications and of ---
--- Individualized Assessment
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Age at time of the offense, any mitigating circumstances
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Seriousness of offense
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Time elapsed and record since the offense
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Rehabilitation efforts and outcomes
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How the crime relates to the specific job or license
Federal Fair Credit Reporting Act
If an employer plans to take “adverse action” based even in part on a credit report, he/she must give the person –
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a copy of the report
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a “Summary of Consumer Rights,” including error correction before taking that action
Expungment Tools for Individuals
Most but not all states have, many different terms are used
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Expungment / Sealing / Setting Aside / Certificate of Rehabilitation
Requirements vary greatly
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offences which are eligible
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mandatory waiting period
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certain jobs / licenses are excluded
Procedures are generally similar
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Filing a court petition, with records attached, attend hearing
Federal Bonding Program
Funded by the US Dept of Labor
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Program information
Bond gives employers incentive to hire “at risk” individuals
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Covers loss up to $5K loss from employee dishonesty
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Free to employer for 6 months, then she/he can purchase
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Relatively simple application process – contact state coordinator
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Since established in 1966, 99% success rate (43,000 bonds issued)
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State coordinators
How to Use These Strategies
Obtain the state law and the person’s criminal record
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National H.I.R.E. Center – state summaries and guidance for advocates
www.hirenetwork.org/ -
FindLaw – links to each state’s own public resources
criminal.findlaw.com/crimes/expungement/
Possible Assistance
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Advocacy Organizations
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Legal Services, Public Defenders, Prisoner’s Rights
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Google “expungment in ________ (your state)”
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Private lawyers who will handle for a fee
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If a vet, Veterans Organizations
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Vets who are lawyers may help “pro bono” (free)
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Lawyer is usually not necessary, BUT PREPARATION IS
Job Applications & Interviews
Prepare to handle the criminal record question
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Do not leave application question blank or say “will discuss at interview”
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Do practice interviews (vets in that business)
Answer what is asked truthfully
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know the differences - felony, offense, misdemeanor, disorderly person
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conviction includes suspended sentence, fines, probation, parole
Give a summary of the offense
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Be brief, accept responsibility
Job Applications & Interviews (cont)
Fully explain what’s changed & provide documentation
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Military service
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Rehabilitation / treatment
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Education / work
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Community service / church involvement
Provide Federal Bonding information
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State coordinator’s name, phone and email
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Program form and description
If not hired, send a letter recounting the above, refer to state law if relevant, and request reconsideration
Quick Look at 2 States’ Laws
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Very simplified overview of the relevant laws
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Free HIRE guides for FL and VA available online www.hirenetwork.org/
Florida
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Person may Seal or Expunge a Criminal Record
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Not adjudicated guilty of acts stemming from activity to which petition pertains
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Has never sealed or expunged record under this section or in another state
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Does not have another petition pending before the court
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Criminal records may be accessed by employers.
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After a record is sealed/expunged only certain entities have access to it and it will not appear on your record if an employer requests your record
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Discrimination is barred by public employers and occupational licensing agencies.
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Virginia
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Misdemeanor and Felony are not expugnable, but the following are:
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Acquittals
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Cases resolved in the accused favor
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Pardons
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Identification misuse
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Occupational licensing authorities are prohibited from denying a license based upon prior criminal conviction unless the conviction “directly related” to the license sought.
HIRE’s Virginia Guide
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What Is A “Rap Sheet”? .................... 1
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Who Can See Your CCRE Rap Sheet? ..................... 1
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Why You Should Review Your Rap Sheet ..................... 2
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How To Get A Copy Of Your Rap Sheet ........................... 3
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How To Read Your Rap Sheet ............................ 4
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What To Look For On Your Rap Sheet ...................... 5
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Arrests That Happened When You Were A Youth ........... 6
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Cleaning Up Your Rap Sheet ..................... 8
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Correcting Mistakes ................................. 8
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Expunging Police And Court Records ................................. 9
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What You Can Do About Your Misdemeanor And Felony Convictions 14
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Completing Employment Applications ............. 20
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What Must I Disclose About My Criminal Record? ....... 20
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Seeking A Job That Has A Statutory Bar Or License Requirement .... 21
HIRE’s Virginia Guide (Illustrations)
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Sample CCRE Rap Sheet.................. 7
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Model Letter #1, Letter To Court Requesting Certified Copy Of An Order …10
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Model Letter #2, Letter Requesting Correction Based Upon Error
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Concerning Arrest Information...... 11
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Model Letter #3, Letter Requesting Correction Based
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Upon Error Concerning Final Disposition Of Case ..... 12
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Model Letter #4, Cover Letter To Send To Court
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With An Expungment Petition ............................... 15
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Model Letter #5, Letter Requesting An Application
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For Restoration Of Civil Rights ................... 18
Slowing the “Revolving Door” Programs
Human services - criminal justice collaboration
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Agencies often struggle serving many of the same people
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Employment a key element in recovery
Diversion
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Getting people into treatment services
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SAMHSA funds a range of program models
Reentry
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Individualized planning aimed at risk factors for re-incarceration
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DOJ “Second Chance Act” Grants
Diversion
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Police Training /Jail Screening
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Drug Courts and Mental Health Courts
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Find local contacts
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National GAINS Center
www.gainscenter.samhsa.gov/html/
(800) 311-GAIN -
Council on State Governments Consensus Project
consensusproject.org/
(212) 482-2320
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Reentry “2nd Chance” Florida
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Department of Corrections OARS Project
Jacksonville area
Rusty McLaughlin
(850) 414-2781 -
Mount Olive Development Corporation Project Rescue.
Broward Country area
Jacqueline Selders
(954) 767-9919
Reentry “2nd Chance” Kentucky
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Department of Corrections Reentry by Design
Prisoner Reentry Initiative
Jefferson county area
Brigid Adams
(502) 564-4726
Reentry “2nd Chance” N. Carolina
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Parker House Foundation - Project Reach1 Teach1
Mecklenburg County area
Grady Parker
(704) 615-8705
Reentry “2nd Chance” S. Carolina
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Alston Wilkes Society
Pre-Release and Post-Release Mentoring Services
Richland, Greenville and Spartanburg Counties
Anne Walker
(803) 799-2490
Reentry “2nd Chance” Tennessee
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City of Memphis - Back on Track
Memphis
Pamela Small
(901) 576-6518 -
Project Return - Coaching for Life
Metropolitan Nashville-Davidson County
Bobby Daniels
(615) 327-9654 x 21 -
Families of Incarcerated - Doorway Re-Entry Program
Memphis and Shelby County
Marquetta Moore
(901) 726-6191
Positive Signs
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Ban the Box Ordinances – city jobs
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Eliminate “Have you been . . . “ from application form
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San Francisco, Minneapolis, Baltimore New Haven
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Some extend to city vendors
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Massachusetts – Last July, 300 people rallied at the Capitol for a bill to shorten waiting periods to seal convictions, supported by the Governor
Changing Policy
Smart Answers to Recidivism
New York Times- Editorial/Letters Friday December 25, 2009 A-30
The Reality
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These clients present some of the most difficult challenges.
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Escaping criminal justice involvement -- possible but difficult.
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Making the effort can have significant benefits.
Comments & Questions
Resources
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Federal Fair Credit Reporting Act
http://www.ftc.gov/bcp/edu/pubs/business/credit/bus08.shtm -
Federal Bonding Program
http://www.bonds4jobs.com/index.html -
National H.I.R.E. Center
www.hirenetwork.org/ -
FindLaw
criminal.findlaw.com/crimes/expungement/ -
National GAINS Center
www.gainscenter.samhsa.gov/html/ -
Council on State Governments Consensus Project
consensusproject.org/
Contact Information
Stephan Haimowitz, J.D.
Burton Blatt Institute, Syracuse University
email: sjhaimow@law.syr.edu
THANK YOU!
TACE Center: Region IV
Toll-free: (866) 518-7750 [voice/tty]
Fax: (404) 541-9002
Web: TACEsoutheast.org
My TACE Portal: TACEsoutheast.org/myportal
Email: tacesoutheast@law.syr.edu
Education Credits
CRCC Credit - (2.0)
Approved by Commission on Rehabilitation Counselor Certification (CRCC)
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By Tuesday, April 6, 2010, participants must score 80% or better on a online Post Test and submit an online CRCC Request Form via the MyTACE Portal.
CEU Credit - (0.2)
Approved by the University College at Syracuse University
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Site Coordinators must distribute the CEU form to participants seeking CEU credit on the day of the webinar.
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Site coordinators must submit CEU form to the TACE Center: Region IV by fax (404) 541-9002 by Tuesday, April 6, 2010.
My TACE Portal: TACEsoutheast.org/myportal
**For CRCC credit, you must reside in the 8 U.S. Southeast states served by the TACE Region IV [AL, FL, GA, KY, MS, NC, SC, TN]. If beyond TACE Region IV, you may apply for CEU credit.
Disclaimer
This presentation was developed by the TACE Center: Region IV ©2010 with funds from the U.S. Department of Education, Rehabilitation Services Administration (RSA) under the priority of Technical Assistance and Continuing Education Projects (TACE) – Grant #H264A080021. However, the contents of this presentation do not necessarily represent the policy of the RSA and you should not assume endorsement by the Federal Government [34 CFR 75.620 (b)].
Copyright Information
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