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Criminal record

Key Points

  • A new job licensing measure in Georgia, Senate Bill 207, was introduced in the 2025 Legislative Session to open career pathways for formerly incarcerated individuals. 
  • SB 207 focuses on simplifying and streamlining the application process for job licenses, creating a clearer and fairer system for returning citizens.
  • If passed, the bill could  expand access to steady jobs in industries like healthcare, education, real estate, and trade occupations. 

For returning citizens, stable employment can mean so much more than financial stability. It can be a powerful source of renewed purpose and belonging within their communities. In fact, research has shown that if returning citizens can keep a job for six months or more, their likelihood of ending up back in prison drops dramatically. It also improves the odds that returning citizens will reconnect with loved ones, especially their children, another step toward preventing recidivism.

That’s where Senate Bill 207 enters the picture. Introduced in Georgia’s 2025 legislative session and sponsored by Sen. Brian Strickland, the measure would create clearer guidelines for individuals with criminal records, making it easier to obtain job licenses in various industries.

The bill applies to a variety of occupations in various fields, including education, healthcare, insurance, real estate, trade occupations, and first responders.

The Georgia Chamber of Commerce has backed SB 207, praising the bill for how it “standardizes the process for reviewing applicants with criminal records, narrows the types of offenses licensing boards can consider, and updates first-offender treatment provisions—all while maintaining important public safety protections.”

SB 207 didn’t get the final vote it needed to pass in 2025, but lawmakers can pick it up again in 2026. 

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Key job licensing improvements in SB 207 

1. Creates a simpler process for evaluating licenses applications.

SB 207 introduces a preclearance process to streamline the evaluation of licensing applicants with criminal records. Under this process, licensing authorities must present clear evidence when rejecting applicants based on criminal convictions. The measure also mandates hearings before applicants are denied licenses due to their criminal backgrounds, setting specific criteria to guide these decisions and prioritize due process. These structures help ensure licensing boards operate with greater transparency and fairness. 

2. Shores up the predetermination process to increase fairness.

The bill creates a predetermination process that allows individuals to petition licensing boards for an early evaluation of their eligibility based on their criminal history, even before completing the necessary qualifications. Licensing boards are required to provide detailed justifications for any adverse outcomes, offering applicants the chance to appeal or present additional evidence. The changes help ground decisions in merit rather than prejudice.

3. Recognizes the hard work returning citizens have put in toward rehabilitation. 

The bill requires licensing boards to carefully evaluate the nature and seriousness of past offenses, the length of time since the incident, and the individual’s age at the time of the crime. They must also review evidence of rehabilitation, including educational achievements, work history, and community involvement. This holistic approach gives more consideration to the applicant’s growth and emphasizes their present ability to contribute to the workforce, allowing them to overcome past mistakes. 

4. Places limitations on criminal records to create more neutrality.

Finally, the bill imposes limitations on the types of criminal records that can influence licensing decisions. Sealed, pardoned, or older minor convictions are generally excluded from consideration, helping applicants avoid unnecessary penalties for issues long resolved. It also curtails the use of subjective standards, such as assessing “good moral character,” which can perpetuate bias and inconsistencies.

Georgia needs licensing reform to reduce barriers to employment

While occupational licensing serves an important purpose in certain industries, it often becomes an unnecessary barrier for individuals eager to pursue meaningful careers. These barriers hit low-income workers the hardest. Licensing fees, mandatory coursework, and unpaid apprenticeships can be insurmountable for those struggling to make ends meet or to overcome difficult circumstances, past or present. For example, someone trying to enter a trade like plumbing or electrical work might face costs of thousands of dollars before they can begin earning.

Job licensing reforms offer a way to expand job opportunities and restore people’s hope for better future. With SB 207, Georgia lawmakers have a chance to build on their recent history of reforming occupational licensure to benefit Georgians and strengthen our workforce.

Georgia state legislature, 2024 session

Key Points

  • As Georgia lawmakers convene for the 2024 legislative session, multiple bills are on the table that could break down barriers in poor and disadvantaged communities.

  • A key issue to track: education opportunity. Lawmakers have a chance to enact several options, including Georgia Promise Scholarships (SB 233), expansion of the Tax Credit Scholarship Program, and public school transfers. 

  • Other bills to know include job licensing reforms to expand work opportunities for people with criminal records (SB 157) and a reform to better connect welfare and work support in Georgia (HB 738)

Georgia lawmakers are back in Atlanta for what could prove to be the most impactful legislative session in years. Georgia’s legislature is considering multiple bills that could break down barriers facing poor and disadvantaged communities.

The timetable is short. The session will end by March 28, so time is of the essence if our elected officials are going to improve the quality of life for the people they serve. Below is a list of a few bills our team is watching and working on to lift up vulnerable and low-income communities across Georgia. 

Our hope for the 2024 session: Give more Georgians better pathways out of poverty and into opportunity 

“During the 2024 session, we hope to see tremendous progress on expanding school choice through passage of Senate Bill 233, the Promise Scholarship bill,” said GCO’s vice president of public policy, Buzz Brockway. “In addition, we hope to see an increase in the cap on Georgia’s Tax Credit Scholarship program, which would also expand private school options parents have.”

“We also will be working on seeing SB 157 passed into law,” Brockway added. “This bill will create a pathway for people with a criminal record many years in the past to obtain an occupational license, opening up opportunities for many people to earn a living and support their family. Finally, we hope to make progress on reforming how Georgia delivers workforce and safety-net programs, placing people on a pathway toward self-sufficiency.”

Education: Expanding schooling options to help families find the best fit for their kids 

  • SB 233, Promise Scholarships: Would make $6,500 per student available for parents to direct toward the best educational opportunities for their children. The funds would be available for use for private school tuition and public school alternatives, such as homeschooling. The scholarships would only be available to students enrolled in the lower 25% of schools in Georgia, amounting to around 400,000 students. Status: The Georgia Senate passed the bill in 2023 but it fell short in the House by a 85-89 margin. However, it is eligible for reconsideration this session. In his recent State of the State address, Gov. Brian Kemp gave full-throated support to getting Promise Scholarships passed this year. To learn more, view our primer on Promise Scholarships.
  • SB 147, public school district transfers: Would allow students to transfer to a different public school within their district or a different district. This would provide much needed support for the majority of families who chose to continue sending their students to public schools in Georgia. Status: The Senate tabled this bill in 2023 but it is eligible for consideration this year.
  • HB 54 and HB 101, Tax Credit Scholarship cap increase: Would raise the cap on the Tax Credit Scholarship from $120 million to $130 million. Through this program, businesses and individuals can donate toward private school scholarships for K-12 students enrolled in public schools. In return, they receive a dollar-for-dollar state income tax credit. In 2022, lawmakers raised the cap from $100 million to $120 million, but demand continues to increase, making another jump necessary. Status: The measures weren’t considered in 2023 but they are eligible for reconsideration this year.
  • HB 318, improve charter school laws: This measure would reestablish the Office of Charter School Compliance under the State Charter Schools Commission. Currently, two entities oversee charter schools in Georgia: The State Charter School Commission oversees state authorized charter schools, while the Georgia Department of Education oversees charters authorized by local boards of education. This creates confusion and differences in application of laws and rules governing charter school laws. HB 318 would bring oversight of all charters under one roof, providing more resources and uniformed application of laws and rules regarding charters. Status: Both chambers passed this bill in 2023 but the Senate amended it and the House did not reconsider the changes. The bill is eligible to be considered this year.

Safety-net reform: Connecting our welfare system to work support

  • One Door task force bill in Georgia, HB 738: Our nation’s welfare system is a fragmented hodgepodge of programs. The dozens of programs that make up the system have different and, at times, competing goals, inconsistent rules, and overlapping groups of recipients. At the same time, there is often a disconnect between safety-net programs and welfare-to-work initiatives. The end result is that people stay mired in generational poverty rather than receiving a helping hand to live a better life. In this environment, the GCO team is on the vanguard of educating about safety-net reform. A key way we are doing so in Georgia is by pushing forward this legislation to create a One Door task force in the state. The task force would study how to integrate the safety net with workforce development, in line with the successful One Door approach in Utah. Other states, including West Virginia and Louisiana, are weighing similar proposals. So why not here in Georgia? Status: The bill was introduced in the House in 2023 and is now moving through committee this year.

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Occupational licensing and public safety: Increasing personal safety and job opportunities in local communities 

  • Senate Bill 157, appeals process for justice involved individuals: Would create a preclearance process in licensing of individuals with criminal records who make an application to or are investigated by certain licensing boards and commissions. Often, returning citizens from the criminal justice system face huge barriers in finding work, and we know that attachment to work is a significant determinant of an individual not ending up back behind prison walls. Status: This measure was added to the House Rules calendar last year but didn’t receive any attention.

  • House Bill 212, Niche-Beauty Services Opportunity Act: Would offer barbers and cosmetologists the opportunity to provide services like blow-dry styling, braiding, threading, and the application of cosmetics without requiring licensure by the State Board of Cosmetology and Barbers. Occupational licensing is needed in some industries and job categories due to public health and safety concerns, but the laws on the books today in many cases are an unnecessary roadblock to employment for workers. Status: The House tabled the bill last session but it is eligible for consideration this year.

  • House Bill 334: Expungement: Would revise Georgia’s requirement that criminal history records be disclosed in certain situations. Known as expungement, this is an important step for individuals who have served their time and need to reintegrate into the workforce. Status: The bill was amended onto Senate Bill 157 but never came to a vote.

To stay informed on these issues and ways to get involved in your community, sign up for our monthly newsletter.

 

criminal justice josh Crawford media statement header

A new bill has been introduced in the Kentucky Legislature, House Bill 589, that simplifies the process of having criminal records expunged for people who have been convicted of a misdemeanor or class C felony that does not involve violence, sex, a child victim, or public corruption.Under current Kentucky law, such individuals are eligible for expungement after the completion of their sentence and a five-year crime-free period. Unfortunately, a confusing and sometimes burdensome process prevents many people who are eligible from having their records expunged.

The Center for Opportunity’s take: “This bill does not change the crimes for which expungement is eligible nor the requirements of a crime free period once the sentence is completed. Everyone who will benefit from this bill is a non-violent offender who has made it clear their interest is in re-entering civil society,” said Josh Crawford, director of criminal justice initiatives for the Center for Opportunity.

“Importantly, prior convictions can be impediments to finding meaningful work. This matters for two reasons. The first and more important is that meaningful work, in particular the amount of time someone spends working in a job and building a work community, significantly reduce the likelihood that person will recidivate. Reducing recidivism means less crime and fewer victims. Second, Kentucky has one of the worst labor force participation rates in the country. With such a large percentage of our population having a criminal conviction, we cannot afford to exclude from the labor force those who are attempting to turn their lives around and live on the straight and narrow. Kentucky business benefits from an engaged and motivated workforce — those who have earned an expungement under Kentucky law are these exact kind of employees.”

 

Josh media statement

 

 

 

 

 

To learn more about the work we’re doing to increase public safety and assist citizens in getting back to work, click here.

Josh media statement

To learn more about the work we’re doing to increase public safety and assist citizen in getting back to work, click here. 

Gov. Kemp signs ‘second chance’ expungement bill into law for ex-offenders

 

 

By David Bass

 

For many Georgians, past criminal conviction can be the most significant hurdle to overcome in getting a job. On this front, there is good news: Gov. Brian Kemp recently signed a bill (SB288) into law that allows formerly incarcerated individuals to petition the court to have certain misdemeanor convictions erased from their record four years after the completion of their sentence. 

 

The new law excludes certain offenses, including sexual offenses and DUIs. In a crucial move, the law also creates incentives for employers to make “second chance” hires.

 

This new law allows for an easier transition back into the workforce for a segment of Georgia’s population that has paid its debt to society and stayed on the straight and narrow.

 

“This new law is monumental because it takes Georgia off the list of only a handful of states where a criminal offense stays on an ex-offender’s record perpetually,” said Buzz Brockway, vice president of policy at Georgia Center for Opportunity. “We know that unemployment is a key way to help ex-offenders not repeat their crimes. Particularly in the COVID-19 era, breaking down any barriers to employment that we can is always a huge win. We applaud Gov. Kemp and the Georgia Legislature for making this law a reality.”

 

Georgia ranks 4th nationwide in incarceration rates. One out of every 18 people are in jail, on probation, or on parole. And about 40 percent of Georgians have a criminal record.

These are just a few of the startling statistics on criminal justice in the Peach State. We know that one of the most significant consequences to a criminal record is the enormous barrier it poses to employment. Here again, Georgia is one of only a handful of states where a criminal offense stays on an ex-offender’s record forever. It can’t be expunged after a given period of time.

At Breakthrough 2019, we heard from Doug Ammar of the Georgia Justice Project who shared about criminal justice reform and its link to giving people a second chance at employment. The wonderful news is that a job is one key way to help ex-offenders not repeat their crimes and lead a fulfilling life.

Check back soon for more content from Breakthrough 2019!

Happy Employee

It’s official. Governor Nathan Deal signed an executive order on February 23rd to “ban the box” on applications for state employment in Georgia. This order will remove the question about felony convictions from the initial job application and postpone it to a later point in the hiring process. This policy is intended to provide those with a criminal record a fair shot at showing employers why they are the best candidate for a job without being automatically screened from the hiring process simply because they have a felony conviction.

The Governor laid out specific hiring practices that government entities of the State of Georgia shall follow:

  1. Prohibit the use of a criminal record as an automatic bar to employment.
  2. Prevent the use of an application form that inappropriately excludes and discriminates against qualified job applicants.
  3. Promote the accurate use and interpretation of a criminal record.
  4. Provide qualified applicants with the opportunity to discuss any inaccuracies, contest the content and relevance of a criminal record, and provide information that demonstrates rehabilitation.
  5. Require initial disclosure on applications for sensitive governmental positions in which a criminal history would be an immediate disqualification.

Georgia is joining thirteen other states who have implemented a fair hiring policy and is the first state in the South to do so. This policy will help to remove a barrier to employment for those with a criminal record by opening up more job opportunities for which motivated returning citizens may be qualified. The state is setting the example for how county, city, and private employers could aid people leaving prison in the reintegration process by giving them a fair shot at jobs for which they are good candidates.

Georgia Center for Opportunity (GCO) applauds the important step taken by the Governor to “ban the box” as well as the efforts of all those who have been involved in working to increase employment opportunities for returning citizens in Georgia. In December 2013, GCO published a report recommending that the state “ban the box” and set the example for private employers by hiring and maintaining qualified returning citizens as employees. This recent executive order is the first step in seeing this fulfilled.

In addition, GCO is pleased to see several other recommendations from our December 2013 report currently being considered by the General Assembly or state agencies. These recommendations include offering a State Work Opportunity Tax Credit to incentivize employers to hire returning citizens, lifting professional license restrictions for those with felony convictions, and ensuring identification is secured prior to a person’s release from prison.

As Georgia continues to take positive steps forward in removing barriers to opportunity among those involved with the criminal justice system, the public should begin to see more examples of returning citizens who are not only making it in society, but flourishing.

Barber Shop

Professional License Restrictions

Those who have “been convicted of any felony or of any crime involving moral turpitude in the courts of this state or any other state, territory, or country” are subject to having their application denied on account of their conviction.[i] This restriction severely curtails the number of professions available to people coming out of prison, many of which offer considerable promise for returning citizens given the vocational training they received in prison.

As it stands now, nearly 80 professions are off-limits to those with a felony conviction, including becoming a barber, cosmetologist, electrical contractor, plumber, conditioned air contractor, auctioneer, utility contractor, registered trade sanitarian, and scrap metal processor, among others.[ii]

Lift Restrictions and Open-Up Job Opportunities

In order to open-up a greater range of professions for returning citizens, the state of Georgia should lift blanket restrictions on professional licenses. Some of the professions most suitable to returning citizens’ skillsets are currently inaccessible to them because they are barred from acquiring a license in those professions. These blanket restrictions should be replaced with reasonable criteria for determining whether a given profession is suitable for a person given his or her criminal history.

As is the case for determining whether any particular job is suitable for a person given his or her felony conviction, professional licensing boards should consider the following factors in determining whether the granting of a license is appropriate:

  • The nature of the crime committed and its relation to the license sought
  • The time elapsed since the crime
  • The applicant’s age at the time of the crime
  • The evidence that the applicant has been rehabilitated[iii]

By using these criteria, professional licensing boards can eliminate unreasonable licensing restrictions while ensuring that public safety is protected. A person might be restricted from obtaining a license in one profession due to the nature of his or her crime, but prove to be an excellent candidate for receiving a license in numerous other professions where his or her crime is unrelated. These decisions must always be determined on a case-by-case basis, just as they are for applicants without a felony conviction.

A Look at Other States

Many states are already working toward increasing opportunities for those with felony convictions to obtain professional licenses. Currently, “21 states have standards that require a ‘direct,’ ‘rational,’ or ‘reasonable’ relationship between the license sought and the applicant’s criminal history to justify the agency’s denial of a license.”[iv]

  • Colorado law mandates that a felony conviction or other offense involving “moral turpitude” cannot, in and of itself, prevent a person from applying for and receiving an occupational license.[v]
  • New Mexico only allows occupational licensing authorities to disqualify applicants from felony or misdemeanor convictions involving “moral turpitude” if they are directly related to the position or license sought.[vi]
  • Connecticut requires a state agency to first consider the relationship between the offense and the job, the applicant’s post-conviction rehabilitation, and the time elapsed since conviction and release before determining a person is not suitable for a license.[vii]
  • Louisiana forbids licensing agencies from disqualifying a person from obtaining a license or practicing a trade solely because of a prior criminal record, unless the conviction directly relates to the specific occupation. In the event the applicant is denied because of a conviction, the reason for the decision must be made explicit in writing.[viii]

Conclusion

Enabling people with felony convictions to acquire professional licenses in Georgia would benefit a variety of stakeholders. Not only would it give returning citizens greater access to a variety of occupations and enable them to support themselves and their families, it would also make the most of current job-training programs offered in state prisons, create opportunities for expansion and partnership with technical schools, and enable offenders to maximize their time in prison and develop transferable job skills.  Together, these advantages would work to reduce recidivism, utilize taxpayer dollars more efficiently, and promote public safety in Georgia.

 

Image credit: Wrightsville Beach Plumbing (featured image) and Mahanomi Health and Beauty Care Info

[i] O.C.G.A. § 43-1-19; italics added.

[ii] O.C.G.A. §§ 43-1 to 43-51.

[iii] Legal Action Center, “Recommended Key Provisions,” para. 6, https://www.lac.org/toolkits/standards/ Key%20Provisions%20-%20Standards.pdf.

[iv] Legal Action Center, “Standards for Hiring People with Criminal Records,” Advocacy Toolkits to Combat Legal Barriers Facing Individuals with Criminal Records, accessed November 29, 2013, para. 8, https://www.lac.org/toolkits/standards/standards.htm.

[v] Colo. Rev. Stat. § 24-5-101; Legal Action Center, “Overview of State Laws that Ban Discrimination by Employers,” 2, https://www.lac.org/toolkits/standards/Fourteen_State_Laws.pdf.

[vi] Legal Action Center, “Overview of State Laws,” 3.

[vii] Ibid., 1.

[viii] La. Rev. Stat. § 37:2950.

 

This post was adapted from Georgia Center for Opportunity’s December 2013 report titled Increasing Employment Opportunities for Ex-Offenders.

Ban the Box

Employers have a responsibility to make sure the person they hire for a position is a right fit for the job. Background checks are one important part of this process, as they help to determine whether a particular industry or position is suitable for an applicant with a certain criminal history. However, it is vital that criminal records are used properly and not discriminatorily.[i] They should not be used as a screening tool to automatically dismiss all applicants with felony convictions. Rather, they should be used in a discerning manner, causing an employer to examine whether a person’s criminal history has any relation to the position sought. If there is a strong correlation, then there may be reasonable grounds to remove the applicant from consideration. If not, the applicant deserves the same chance as any person to demonstrate his or her qualifications for a job.

What does it mean to “ban the box”?

“Banning the box” refers to removing the question about a person’s criminal history from the initial job application and postponing the question to a later point in the hiring process. This policy increases the likelihood that a person with a criminal record will get hired by giving the applicant an opportunity to demonstrate his or her qualifications for a job without automatically being screened from the hiring process.

Postponing the question of an applicant’s criminal history to a later point in the hiring process allows applicants to explain their criminal record to an employer in person. This face-to-face interaction is essential to increasing an ex-offender’s chance of becoming employed. It provides an ex-offender the opportunity to be candid about his or her past and to explain how overcoming setbacks have fashioned him or her into a qualified candidate for the position. This conversation gives an employer the chance to listen to the ex-offender’s story, relate to him or her as a person, and get a better grasp of the person’s character and strengths. By giving ex-offenders the opportunity to represent themselves in the best light and to prove how qualified they are for a position, an employer may find his or her best candidate for the job.

Who is “banning the box”?

States, counties, and cities across the nation are establishing fair hiring polices for ex-offenders by “banning the box” on applications for public employment.

As of September 2014, thirty states have a local or state-level “ban the box” fair hiring policy for public employers. Among these states, thirteen have enacted statewide fair hiring laws, and six have also extended the fair chance policy to government contractors or private employers.[ii]

Nationwide, almost seventy cities and counties – including Atlanta and Fulton County – have taken steps to remove barriers to employment for qualified workers with records, and twenty of these cities and counties have extended “ban the box” policies to government contractors or private employers.[iii]

Why should Georgia “ban the box”?

Although the Governor spoke of “banning the box” earlier this year, he has not yet issued an executive order for state employers to do so. Taking this decisive step will be important for continuing the reforms his office has worked so hard to carry out this year to improve outcomes for returning citizens.

By following the precedent set by Atlanta and Fulton County and officially embracing “ban the box” policies for state employers, the state can help more people with criminal records get good jobs for which they qualify. This, in turn, will improve their chance of successfully reintegrating into society, decrease their chance of recidivating, enable them to benefit employers, and allow them to contribute to the economy of the state.

Embracing this policy at the state level will also encourage county, city, and even private employers across Georgia to follow suit.

For proof that “ban the box” policies help people with criminal records get good jobs and benefit employers, check out Durham, NC’s success story by clicking here.

 

 

This post was adapted from Georgia Center for Opportunity’s December 2013 report titled Increasing Employment Opportunities for Ex-Offenders.

Image credit: GT L&E Blog (featured image) and Accurate Background, Inc.

[i] U.S. Equal Employment Opportunity Commission, “Consideration of Arrest and Conviction Records in Employment Decisions Under Title VII of the Civil Rights Act of 1964,” Office of Legal Counsel, April 25, 2012, accessed November 29, 2013, https://www.eeoc.gov/laws/guidance/arrest_conviction.cfm.

[ii] National Employment Law Project, Ban the Box: U.S. Cities, Counties, and States Adopt Fair Hiring Policies to Reduce Unfair Barriers to Employment of People with Criminal Records, September 2014, ii, 3, https://www.nelp.org/page/-/SCLP/Ban-the-Box.Current.pdf?nocdn=1.

[iii] Ibid., 1-2.

Recently, the Georgia Center for Opportunity (GCO) conducted its second working group meeting on the issue of prisoner reentry. Working group members traveled from across the metro-Atlanta area to convene with like-minded professionals who desire to see prisoners succeed in reentering society. The members come from a variety of professional backgrounds, including criminal justice agencies, various non-profits, addiction recovery, research, and reentry consulting (not to mention one member is a former prisoner himself).

Employment is the first area of focus that we chose to address as a working group. This was a logical place to start because of the critical role employment plays in the successful reintegration of offenders. For starters, having a job enables ex-offenders to meet their basic needs for food, housing, clothing, and transportation. Secondly, it affords them the means to meet various obligations that they may have, including paying child support, court fees, damages, and restitution. Last but not least, work provides offenders with an important sense of purpose, accomplishment, and worth which are essential for human thriving. For all of these reasons, having a job and maintaining it is one of the strongest antidotes for recidivism.

However, getting a job is not that easy for a person coming out of a prison. One of the main reasons for this is due to the fact that he carries an unattractive criminal record.

Each time an ex-offender seeks a job, he must face the dreaded question “Have you ever been convicted of a felony?”

It is precisely his response to this question that will most likely disqualify him from the job that he seeks. It is not likely that he will get a chance to explain his arrest or conviction to the employer before he is screened from the pool of applicants. All the ex-offender wants is the opportunity to demonstrate that he is the right man for the job, but the box on the application keeps him from showing the employer the extent to which he is qualified.

It would be easy to condemn employers for not hiring more ex-offenders, but we also must consider their point of view. Employers desire to hire the best possible candidates for positions that they are trying to fill, and they may reasonably feel that a college graduate better suits a given position than a 30-year-old ex-offender with no prior work experience. Employers want workers who have demonstrated success, who have proven their reliability, who will represent their company well, who are effective at managing their time, and who can appropriately handle stressful situations. They want problem-solvers, and they have little patience for problem-creators. If they have reason to believe that an ex-offender may create issues in the workplace because of her history, it is understandable why they would show reserve in hiring her.

However, without considering an ex-offender’s qualifications, the obstacles she has overcome, and the potential that she offers, an employer is cutting both himself and the ex-offender short.

In automatically screening those with a criminal history from the pool of applicants and labeling them as a liability to the company, an employer could be passing up his best employee. Many offenders are itching to prove themselves to employers, to their families, and to the community, and they will go to great lengths to do just that. They want to demonstrate that their lives have been turned around; they want to show that they can provide for the needs of their families; they want a shot at redemption.

In discussing this reality, the working group agreed that employers should take three things into consideration in order to ensure a fair hiring process. These include the nature of the crime committed and its relation to the position sought, the amount of time that has elapsed since the crime, and the qualifications of the ex-offender in reference to the job. By taking these criteria into account, the employer can assess the risk that the ex-offender may pose to her company, while also evaluating the value that he would bring.

Finally, the group discussed the benefits that could occur by an employer postponing the question about criminal history until after the interview is conducted. This policy would be good for several reasons: It would allow the ex-offender to put his best foot forward during the job interview; it would enable the employer to critically evaluate the applicant’s qualifications independent of his record; and finally, it would give the ex-offender a chance to explain his felony conviction in person. This process would promote fairer hiring practices and would greatly enhance an ex-offender’s opportunity of getting a job.

And in a world of seemingly insurmountable odds, ex-offenders need all the opportunity that they can get.

 

Related links:

• Roberta Meyers, Ray P. McClain, and Lewis Maltby, “Best Practice Standards: The Proper Use of Criminal Records in Hiring,” The Legal Action Center, the Lawyers’ Committee for Civil Rights Under Law, and National Workrights Institute, 2013, https://www.lac.org/doc_library/lac/publications/Best_Practices_Standards_-_The_Proper_Use_of_Criminal_Records_in_Hiring.pdf.

• Paul Samuels and Debbie Mukamal, “After Prison: Roadblocks to Reentry. A Report on State Legal Barriers Facing People with Criminal Records,” A Report by the Legal Action Center, 2004, https://www.lac.org/roadblocks-to-reentry/upload/lacreport/LAC_PrintReport.pdf.

• Margaret Colgate Love, “Relief from the Collateral Consequences of a Criminal Conviction: A State-by-State Resource Guide,” Prepared with support from an Open Society Institute fellowship, October 2005, https://blogs.law.columbia.edu/4cs/files/2008/11/statebystaterelieffromcccc.pdf.

• “How to Cut Prison Costs” New York Times, November 10, 2012, https://www.nytimes.com/2012/11/11/opinion/sunday/how-to-cut-prison-costs.html.

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