Slide 1: Job Barriers Facing People with Disabilities Overcoming Criminal Records Stephan Haimowitz, J.D. Burton Blatt Institute Syracuse University Slide 2: Disability & Criminal Justice People with Mental Illness Significant percent of arrestees, county jail detainees, state prisoners Increasingly, Iraq / Afghanistan veterans Research continues on complex interactions MI, substance disorders & criminogenic factors Impacts of a Criminal Record Numerous, Significant, Life-long Voting Credit Housing Child custody 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 On public websites From numerous private search companies From the 3 national credit reporting agencies Controversy Data on recidivism vs. predicting individual behavior Protecting vulnerable populations 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 http://www.nytimes.com/2008/11/14/nyregion/14soldier.html Rethinking Long-Term Impacts NY Judge Henry Kron (sent Hernandez to jail in 2002) “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 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 http://www.nytimes.com/2009/12/30/nyregion/30soldier.html Strategies to Overcome a Record Laws which impact employers’ use of criminal records 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 Laws restrict an employer’s discretion in considering these records but don’t require hiring Can apply to Public employers Public licensing agencies Private employers Usually require an Individualized Assessment of the applicant’s qualifications and of --- --- Individualized Assessment Age at time of the offense, any mitigating circumstances Seriousness of offense Time elapsed and record since the offense Rehabilitation efforts and outcomes 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 – a copy of the report a “Summary of Consumer Rights,” including error correction before taking that action http://www.ftc.gov/bcp/edu/pubs/business/credit/bus08.shtm Expungment Tools for Individuals Most but not all states have, many different terms are used Expungment / Sealing / Setting Aside / Certificate of Rehabilitation Requirements vary greatly offences which are eligible mandatory waiting period certain jobs / licenses are excluded Procedures are generally similar Filing a court petition, with records attached, attend hearing Federal Bonding Program Funded by the US Dept of Labor Program information http://www.bonds4jobs.com/index.html Bond gives employers incentive to hire “at risk” individuals Covers loss up to $5K loss from employee dishonesty Free to employer for 6 months, then she/he can purchase Relatively simple application process – contact state coordinator Since established in 1966, 99% success rate (43,000 bonds issued) State coordinators http://www.bonds4jobs.com/state-coordinators.html How to Use These Strategies Obtain the state law and the person’s criminal record National H.I.R.E. Center – state summaries and guidance for advocates http://www.hirenetwork.org/ FindLaw – links to each state’s own public resources http://criminal.findlaw.com/crimes/expungement/ Possible Assistance Advocacy Organizations Legal Services, Public Defenders, Prisoner’s Rights Google “expungment in ________ (your state)” Private lawyers who will handle for a fee If a vet, Veterans Organizations Vets who are lawyers may help “pro bono” (free) Lawyer is usually not necessary, BUT PREPARATION IS Job Applications & Interviews Prepare to handle the criminal record question Do not leave application question blank or say “will discuss at interview” Do practice interviews (vets in that business) Answer what is asked truthfully know the differences - felony, offense, misdemeanor, disorderly person conviction includes suspended sentence, fines, probation, parole Give a summary of the offense Be brief, accept responsibility Job Applications & Interviews (cont) Fully explain what’s changed & provide documentation Military service Rehabilitation / treatment Education / work Community service / church involvement Provide Federal Bonding information State coordinator’s name, phone and email 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 Very simplified overview of the relevant laws Free HIRE guides for FL and VA available online http://www.hirenetwork.org/ Florida Person may Seal or Expunge a Criminal Record Not adjudicated guilty of acts stemming from activity to which petition pertains Has never sealed or expunged record under this section or in another state Does not have another petition pending before the court Criminal records may be accessed by employers. 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 Discrimination is barred by public employers and occupational licensing agencies. Virginia Misdemeanor and Felony are not expugnable, but the following are: Acquittals Cases resolved in the accused favor Pardons Identification misuse 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 What Is A “Rap Sheet”? .................... 1 Who Can See Your CCRE Rap Sheet? ..................... 1 Why You Should Review Your Rap Sheet ..................... 2 How To Get A Copy Of Your Rap Sheet ........................... 3 How To Read Your Rap Sheet ............................ 4 What To Look For On Your Rap Sheet ...................... 5 Arrests That Happened When You Were A Youth ........... 6 Cleaning Up Your Rap Sheet ..................... 8 Correcting Mistakes ................................. 8 Expunging Police And Court Records ................................. 9 What You Can Do About Your Misdemeanor And Felony Convictions 14 Completing Employment Applications ............. 20 What Must I Disclose About My Criminal Record? ....... 20 Seeking A Job That Has A Statutory Bar Or License Requirement .... 21 HIRE’s Virginia Guide (Illustrations) Illustrations Sample CCRE Rap Sheet.................. 7 Model Letter #1, Letter To Court Requesting Certified Copy Of An Order …10 Model Letter #2, Letter Requesting Correction Based Upon Error Concerning Arrest Information...... 11 Model Letter #3, Letter Requesting Correction Based Upon Error Concerning Final Disposition Of Case ..... 12 Model Letter #4, Cover Letter To Send To Court With An Expungment Petition ............................... 15 Model Letter #5, Letter Requesting An Application For Restoration Of Civil Rights ................... 18 Slowing the “Revolving Door” Programs Human services - criminal justice collaboration Agencies often struggle serving many of the same people Employment a key element in recovery Diversion Getting people into treatment services SAMHSA funds a range of program models Reentry Individualized planning aimed at risk factors for re-incarceration DOJ “Second Chance Act” Grants Diversion Police Training /Jail Screening Drug Courts and Mental Health Courts Find local contacts National GAINS Center http://www.gainscenter.samhsa.gov/html/ (800) 311-GAIN Council on State Governments Consensus Project http://consensusproject.org/ (212) 482-2320 Reentry “2nd Chance” Florida Department of Corrections OARS Project Jacksonville area Rusty McLaughlin McLaughlin.Rusty@mail.dc.state.fl.us (850) 414-2781 Mount Olive Development Corporation Project Rescue. Broward Country area Jacqueline Selders jselders357@bellshouth.net (954) 767-9919 Reentry “2nd Chance” Kentucky Department of Corrections Reentry by Design Prisoner Reentry Initiative Jefferson county area Brigid Adams Brigid.Adams@Kky.gov (502) 564-4726 Reentry “2nd Chance” N. Carolina Parker House Foundation - Project Reach1 Teach1 Mecklenburg County area Grady Parker parkerhousefoundation@gmail.com (704) 615-8705 Reentry “2nd Chance” S. Carolina Alston Wilkes Society Pre-Release and Post-Release Mentoring Services Richland, Greenville and Spartanburg Counties Anne Walker sannewalker@alstonwilkessociety.org (803) 799-2490 Reentry “2nd Chance” Tennessee City of Memphis - Back on Track Memphis Pamela Small pamela.jacksonsmall@memphistn.gov (901) 576-6518 Project Return - Coaching for Life Metropolitan Nashville-Davidson County Bobby Daniels Bobby@projectreturninc.org (615) 327-9654 x 21 Families of Incarcerated - Doorway Re-Entry Program Memphis and Shelby County Marquetta Moore mmoore@familiesofincarcerated.org (901) 726-6191 Positive Signs Ban the Box Ordinances – city jobs Eliminate “Have you been . . . “ from application form San Francisco, Minneapolis, Baltimore New Haven Some extend to city vendors 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 http://www.nytimes.com/2009/12/25/opinion/25fri1.html The Reality These clients present some of the most difficult challenges. Escaping criminal justice involvement -- possible but difficult. Making the effort can have significant benefits. Comments & Questions Resources 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 http://www.hirenetwork.org/ FindLaw http://criminal.findlaw.com/crimes/expungement/ National GAINS Center http://www.gainscenter.samhsa.gov/html/ Council on State Governments Consensus Project http://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) 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 Site Coordinators must distribute the CEU form to participants seeking CEU credit on the day of the webinar. 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 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 This work is the property of the TACE Center: Region IV. Permission is granted for this material to be shared for non-commercial, educational purposes, provided that this copyright statement appears on the reproduced materials and notice is given that the copying is by permission of the authors. To disseminate otherwise or to republish requires written permission from the authors.