Thursday, February 25, 2016

When the Past Catches Up to You

I was surprised to learn while reading last week’s blog that several of you wanted to issue rulings on our criminal justice system, and how felons are treated in terms of employment.  As a person who has spent my entire career working on inner-city poverty issues, including those affecting people with criminal history, I knew this would be a good issue to blog about.  Consider the following statistics according the Bureau of Justice:
  • There are currently roughly 2.3 million people in prison or jail.
  • There are currently roughly 5.1 million additional people on parole or probation.
  • 9.7% of males ages 30-34 have been in prison – the highest rate since the data became available in the early 70’s.
  • 11.3% of males born in 2001 will be imprisoned at some point in their life, compared to only 3.6% in 1974.
I’m sure I don’t have to tell you that people with misdemeanors or felonies on their record have a much harder time finding employment.  With no job, they often can’t pay the staggering fees that come with being on probation, which means there’s a much higher chance they’ll recidivate. Fortunately, in 2012, Indiana changed its laws related to the expungement and sealing of criminal history records.  Individuals can now have their records expunged if the charges were never filed, dropped, or the individual was found not guilty.  It may not seem like much, but it’s actually a pretty big deal.  I’ve seen people with 4 pages of criminal history – yet they’ve never been convicted of anything.  Have the opportunity to remove all of the charges from their record, give them a clean slate.  Frankly, if they haven’t been convicted, I think clearing their record is only right.

Indiana law also allows people to “restrict access” to the criminal history.  Individuals who have misdemeanors or non-violent, class D felonies can “restrict access” to their record, meaning only law enforcement and the criminal justice system can actually see the convictions.  Employers and others that pull criminal history records will not be able to see these convictions.  Individuals can also legally state they’ve never been convicted of a crime on a job application.  It’s considered to be a game changer in terms of individuals with convictions on their records finding gainful employment.
So my question to you this week is, “Do you think people who were convicted of crimes should be able to restrict access to their criminal records – or do you think employers have the right to know if you committed a felony?”  Answers are due no later than Wednesday, March 2nd, 2016.

21 comments:

  1. I think it all depends on the kind of crime the person commited and how long ago said crime was commited. I have no idea how a criminal record affects an individual, not having a record myself or anyone in my immediate family. I know this is not such a good answer but its a subject that i dont care much about and will most likely never affect me.

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  2. I think it all depends on the kind of crime the person commited and how long ago said crime was commited. I have no idea how a criminal record affects an individual, not having a record myself or anyone in my immediate family. I know this is not such a good answer but its a subject that i dont care much about and will most likely never affect me.

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  3. I believe that this is a sensitive issue for most people and it is one that is not often enough addressed. I think lawmakers need to do more to help felons be able to obtain employment. They do the crime and serve their time, but then they are still punished for crimes they committed when they get out of prison. It isn't even that they can not gain employment, but they also can not find places to live because a lot of property management companies will not accept felons. I do believe that there should be some type of restricted access to their criminal histories, but I do think it also depends on the crime and the nature of it.

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  4. I agree with my classmates, it depends on the severity of the crime that a person commits. If you have been convicted of a harsher crime( Rape, Battery, Arson, or your a cereal killer)then that information should be available to whom ever might need it. But on the other hand I personally know that a person with a felony has several setbacks. They are unable to get a residence and often have a hard time finding jobs, and this happens 5 to 7 years after the felony has been filed. So I feel that a persons criminal record should be available , but instead of denying the person a residence or job you should offer them the freedoms of everyone else while keeping a closer eye on them, and pay closer attention to their actions and behavior, because people do change.

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    1. A close eye on them though! come on man, lol! I feel you though!

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  5. I agree with my classmates, it depends what was the crime the person committed. If its a serious crime were someone could be in danger or can not be trusted then yes the information should be shared but if its a minor crime than the person shouldn't be denied a job. employers should just watch there actions and the employee should earn the employers trust. In some cases people do learn there lesson in prison for the crimes they committed and those people should be able to have a normal life and be able to work just like anyone else.

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    1. Nice answer! I like how you think! thumbs up!

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  6. i believe that all crime should be public record and should never be sealed..in my experience most people that have crimes on their records have more than one...if that is the case then commiting the crimes is not a mistake it is a habbit.. it does not matter what the crime is, if a person has broken the rules they ar statisticly more likely to do so again... why would i want to hire someone who is going to steal from me or put me in harms way...additionally the ones that cannot get a job because of a prior crime they commited is usually because it was theft or a dangerous crime...

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  7. Well here we ago again, people are studied, the first thing is you don't take a layer for the state you hire one that you know about and have conntects with. Two a good layer will have all changes drop off your record instill you are charged. If you get out of jail and you did not do it and found inacent the record should be deleted. three people don't read the job apparitions, it said,
    Do you have a criminal record in the following state, Fl, GA, NC, and so on and people check yes know that they live in IN. Fourth, STOP TELLING PEOPLE THAT YOU WORK WITH THAT YOU DID TIME.

    REMEMBER TO HAMMERDOWN (JONATHAN HALL)

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  8. The crime should be public, whether if its big or small. I mean we all have a past,even though some things are shameful. Those shameful things are what makes us. As a manger its important to know what kind of people will be working for you. A human being knows that habits can change just as well come back. So for me its about honesty but through your actions, you show progressing to change or change.

    ~Ronasha Paschall

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  9. I don't really have much of an opinion on this matter, although I think the situation can really suck when you are trapped in that constant cycle of always being turn down for a job if you are truly trying to make better because of something so minor.

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  10. Some deserve a second chance because the situation could of been twisted but only to a certain point. If they keep getting in trouble with the law and or depending on the crime the employer should have aces.

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  11. who really can say rather or not a convicted Felon can get the chance to explain the nature of the crime to an employee? Knowing in most cases that convicted felons wont get the chance to explain they have changed and actually have bettered their shelves for the good! The average employee will go right past their application if they fill in the convicted section on the app. Or even if they leave it blank once the employee has received their background check nine times out of ten they will terminate them on grounds of their criminal history! (talking from my own personal experience.)
    I'm not ashamed of my past life I chose the wrong path hanging with the wrong crowd I grew up in a very bad environment but that's no excuse for the way I got money I could have easily got a job or went to school much early on. But like the blog my past caught up with me and I paid my dues to society. Change was the best thing that ever happened for me I have two very beautiful children five and ten year old sons. And it is in my best interest to teach them how to be very successful strong young BLACK MEN with a clean record an education good credit and know who GOD is! With that being said when one door closes another one will open so as long as you're still able to breathe the air that God blessed us all with, with or without a conviction I have faith in God and Know all things are possible through HIM!



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  12. I think it all depends on the crime you committed. It's not not all criminals are bad because I've seen people who use be drug dealers because it was the only way to money during tough times. The reason be hide the crime should matter more the the crime itself. If it's something like murder then your file should be accessed. I know a crime is still a crime but some people only go back to those ways if they got nothing left to fall back on.

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  13. This is something that I think really can't be black or white. I think that all individuals are different and are going to handle things a different way. Just because one person did something and came out on top in the end and changed their ways doesn't mean the next person will. In a sense yes I think that people should be able to limit what people see if their past because they will get discouraged if they don't even get the opportunity to show what they can do. Which is a reason why I think many people reoffend. People with no criminal history can be bad or worse at a job than somebody who does have criminal history. It should be about who is better for the job. But in a case where a sex offender applies for a job at a school than their could be a problem, and that's why it would just depend on the crime and the job.

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  14. I feel as if it should depend on what kind of crime it is. Also, where you're applying, duty of the position.

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  15. I feel as though it depends on the severity of the crime itself that was committed. i know some people that are convicted felons and can't get jobs because of a mistake they made and are trying to turn away from. Most of the time when felons can't get a job they turn back to what they were doing in the first place to even be convicted. So yes, i do think employers should know of your criminal past but i also think if the severity of the crime isn't enough to effect their work then it shouldn't be an issue.

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    1. Yes I think employers need to know they have a right to know, because they are trying to protect their company. Yes people deserve second chances, and who's to say that they haven't changed. But the employer needs to know these things and make a decision, from there.

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  16. I think the employer as every right to know and create their own policies. If a person has a history of violence or theft you should be able to take the necessary precautions to protect yourself as a company.

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  17. I believe they do have the right to see but I think they shouldn't held it against someone especially if the crime more more then 10 years ago. Thats just not fair because everyone messes up in life.

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  18. I think that they should be able to hide petty crimes, if it does not affect the job nor having to do with harming people then it does not need to be shown. I think that should be a privacy policy. I def think employees should know about a felony once again only if it has to do with one of the job functions or with harming others.

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