Barriers To Employment: A Criminal Record
Barriers To Employment: A Criminal Record
By Scott Albert, The Albert Institute
There are 65 million people in America who need not apply for jobs, because these 65 million have a criminal record. There are approximately 2.5 million people currently serving time in prison. Just under 3 million children in America have incarcerated parents; these children are five times more likely than their peers to commit a crime as adults. The problem has become such an epidemic in the United States that Sesame Street introduced a character whose father is in jail in an effort to help kids cope.
Every day, employers turn away good candidates because of a criminal past, and people with extraordinary skills cannot find adequate work as a result of their criminal record. Recidivism rates are as high as 60-70%, which simply results in a vicious cycle of more and more people in the criminal justice system. All the while more and more job vacancies go unfilled. This disconnect between people who have made mistakes and employers needing to hire does not have to be. Much of it is related to a lack of education - not in an academic sense, but in a cultural and technical sense. Job seekers do not know how to explain their criminal records, and employers do not know how to interpret RAP Sheets. Here are a few tips to clarify the issue:
1. Criminal Records Have Errors on Them – A study conducted by New York State showed that as many as 70% of individual criminal records contain errors. That is a higher mistake rate than individual credit reports. Common mistakes include misclassification of a criminal charge and duplication of records. These mistakes often make offenses seem more serious and common in the eyes of an employer who is running a background check.
2. 'RAP' Sheet Doesn't Mean What You Think It Means – RAP stands for Record of Arrests and Prosecutions. The language is critical to understand. According to this definition, an individual could be arrested and charged with a crime but found innocent in a court of law. This arrest will often remain on somebody's record, which prevents this individual from passing the background check.
3. There is No Escape from a Criminal Past – A criminal record does not go away. In the State of Pennsylvania, for example, an individual's criminal record remains on file until that person reaches the age of 70, but only if the individual has had no interaction with the criminal justice system for a ten year period. The State of Pennsylvania will also expunge a criminal record three years after an individual's death if that person happens to pass away prior to age 70.
There is good news for job seekers who are trying to overcome this barrier and those employers who are trying to give people a second chance. Every individual has a right to file for correction and expungement of those criminal charges that are eligible for each. On February 6, 2015, The Albert Institute will host a one-hour webinar that details the process of correction and expungement. This workshop will be invaluable for job seekers and employers; further definition of the language related to criminal records, the correction and expungement process, and tips for pardon will be shared. Interested participants can get more details and register at www.thealbertinstitute.com.
Data and information for this article was obtained through The National H.I.R.E. Network and The Pew Research Center.
