Criminal Records and Their Impacts. Pat Tucker, Adam Kirkman,

Transcription

1 Criminal Records and Their Impacts Pat Tucker, Adam Kirkman,

2 What s Your Experience Been? Justice-involved clients Small or large part of your caseload? Similarities / differences with other clients? Employers What are the characteristics of those who give these clients a chance? Why do others not do so?

3 What s Known That is Relevant to Employment U.S. Department of Justice reports estimate of jail inmates: 16% have a serious mental health problem 68% have a substance abuse problem 60% lack a high school diploma or GED 30% were unemployed in the month before arrest 14% were homeless at some point in the prior year 3

4 Recovery Recovery is possible: Research findings Individual narratives Evidence-based practices (EBPs) work: Case management Integrated Treatment for cooccurring disorders Supported employment To be effective, EBPs require: Funding, continuity Interagency coordination 4

5 Criminogenic Factors Common among people who commit crime, both with and w/o disabilities: Characteristics such as impulsivity, pleasure-seeking, weak self-control, rationalization Close association with people like themselves, little connections with non-offenders Research is leading to new assessment and programming tools in many areas: Prosecution, sentencing, parole Employment services 5

6 Incarceration s Impact Regimentation, boredom, violence, lack of privacy Can result in attitudes & behaviors Do not make eye contact Demand personal space Resist engaging with staff Problematic in reentry 6

7 Redemption Although the rate of recidivism is undeniable: Slight reduction in last 5 years Still very high percentage re-offends Research shows redemption is also real a person who: Is crime-free for 3 to 8 years Has same arrest likelihood as general population 7

8 Criminal Records & Their Impact RAP sheets (Records of Arrests and Prosecution) Credit Reports (or Consumer Reports) Legal prohibitions Employer decisions 8

9 RAP Sheets Fingerprinted at arrest & each subsequent action Police, jails Courts, corrections Each state & FBI has own centralized system Differing terminology Large number of data sources High error rate Inaccuracies Omissions nothing stating charges were dropped 9

10 . Reading a Rap Sheet Various forms of criminal histories (better known as Rap Sheets), such as: local court, Department of Justice (DOJ), and FBI. These instructions are for reading a DOJ criminal history 1. The left column shows the date of the arrest. 2. The second column lists the arresting agency. 3. Name appears in the third column. 4. The fourth column contains the charges on which the person was arraigned. The charges will be summarized by a phrase (example, NARC CONT SUB FOR SALE, which means narcotic controlled substance for sale ). This column also lists the corresponding citation in the Penal Code (PC ) and sometimes the category of the offense. The number of counts is included, along with the notation ATTEMPTED, if the offense was not completed. 5. The fifth column on the right is the most important section of the file. It is supposed to indicate the correct outcome or disposition of the charges. Adapted from 10

11 Credit Reports Fair Credit Reporting Act Consent required to obtain report Copy provided to the person Problems Errors: both honest & slipshod practices HireRight 2012: $2.6 million settlement 11

12 Many Other Sources From Lexis/Nexis To Mug Shot Sites 12

13 Legal Prohibitions State prohibitions: Law enforcement, security guard Caregivers Businesses serving alcohol State-issued occupational licenses: Barbers to lawyers to... Federal prohibitions: Commercial Drivers Licenses / HAZMAT Secure facilities Banks 13

14 Most do check backgrounds: The larger the business, the more likely Before or soon after hiring Rejections can be based on many concerns: Theft, absenteeism, attitude Negligent hiring lawsuits Racial bias research findings: Matched applicant pairs Call-back rate Employers Decisions 14

15 Reasons Often Intertwined Stigma: Mental disability Racism Risk management: Past as a predictor Power of addiction Public policy priorities: Protecting children, elderly Nature of job responsibilities 15

16 People with Records Do Get Hired Providing 2nd Chances is a priority for a few businesses: Johns Hopkins Hospital, Baltimore Shoprite, food store chain, Philadelphia Sage Hospitality, hotel management, Denver Janitronics, cleaning/maintenance, Upstate NY 50% of employers knowingly hired someone with a conviction (CareerBuilders Study, 2012) 16

17 Do all employers run a criminal background check? Do all employers run a 1 2 criminal background check? No, but many employers do. Most private employers have a choice, but it depends on the job. You will have a criminal background check for these jobs: Nurse and nurse s aide Child daycare center or group daycare Licensed home childcare provider Lottery, casino, horse or dog racing, and off-track betting jobs Public schools 17

18 What can an employer find out? From your criminal record, employers can find out about: Arrests from the last 7 years; and Any convictions (no matter when they happened). From your criminal record, employers cannot find out about: Arrests from more than 7 years ago; and Records that have been erased, expunged, or pardoned. 18

19 Filling Out Applications When You Have a Criminal Record Check Check Yes and write Will discuss in interview. Check Check Yes and write I am eligible for the $2,400 Federal Tax Credit. Avoid Avoid applications and work with a Great Job Developer who can get you in front of the employer for an interview.

20 Summary Veteran obtaining his/her Rap Sheet and/or Credit Report = key 1st step Guides the development of strategies to address: Any legal prohibitions Identifying employers likely concerns How to use the tools available to lower barriers 20

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22 THANK YOU 22