Paying our debts to society for running afoul of the
law, has always been part of the American nomenclature. America
has always been seen as the land of “new beginnings,” where anyone
can get a “fresh start.” As an immigrant nation from the very start,
people left their countries and came to America for that very purpose.
And from time to time, people stumble, fall and have to start over
again in life because they have violated society in some form or
fashion—where they got “caught up” and “locked up” for their transgressions.
Our “justice system” is called that because it is supposed to temper
justice with compassion, punishment with mercy, and our criminal
justice system feeds into what we call a “corrections system".
It is simply another name for our prison system that is supposed
to rehabilitate those who have broken the law, in preparation for
re-entry into society while they pay their debts to society for
the wrongs they’re committed. Once a person is released, they’re
supposed to be purged of their sins—the time they’ve served represents
the debt they’ve paid—and they are suppose to go out into the world
with a new beginning, an opportunity to start their lives anew.
And all is right with the world again. Right??
Wrong. We all know that’s not true. Those who have
been convicted of breaking the law at some point of their life,
whether they did it or not, no matter how long ago it was—walk around
with a scarlet letter, an X branded on their foreheads forever.
Convicts become ex-convicts. Felons become
ex-felons. Sex offenders become ex-sexual offenders, drug offender
become ex-drug offenders, and the list goes on. The fresh start
that society talks about, in reality, rarely occurs when an ex-offender
has to disclose a past conviction. The scar is re-opened, and in
most instances, the disclosure becomes a barrier to moving ahead
with one’s life. It’s the proverbial “catch 22,” when you disclose
it—you’re not hired—when you don’t and you get the job—you’re fired
for lying on your application. For many, it’s a wall to high to
claim over, and for some, they just turn around and go back the
other way, to a life of crime and the pathway back to jail.
Why? Because we know ex-offenders are rarely hired,
and if they are—it’s the exception and not the rule. And if there
is a rule of law for hiring the talented one that can explain away
a conviction, it is to use that conviction to under-pay (under-employ)
them because they know the ex-offenders options are limited. Take
less money or no job at all. Second-chancers have it hard. That’s
why many take more chances outside the system than try to work within
the system. They know the system is not going to treat them fairly,
so they get caught up, again, and their lives become revolving doors
in the prison industrial complex, set up just for them—the recidivists
who will be back. And it all starts with a simple little box on
most job applicants, Have you ever been convicted of a crime? If
so, check yes. More times than not—it’s stone wall.
Last week, the Los Angeles County Board of Supervisors
sought to bring forth a resolution to remove (relocate) the conviction
check box from County employment applications. If adopted, the Los
Angeles County would become the largest municipal employer in the
nation to adopt such a policy. Cities like Chicago, Boston, San
Francisco, Grand Rapids (MI), Alameda County (CA), East Palo Alta
all have adopted similar type exclusions to discontinue discrimination
against second-chancers. The motion introduced by Supervisor Yvonne
Braithwaite Burke, would put the question of a conviction at the
end of the job interview process, versus at the beginning, where
ex-offenders can be unjustly discriminated against. This is brave
and landmark legislation. Kudos to Supervisor Burke, who really
is a pretty progressive-minded elected official, for doing so—but
in the cause of responsible government, it makes all the sense in
the world when you consider this: Los Angeles County is the number
one area in the nation for returning parolees released from correction
facilities—some 45,000 per year. Where do these parolees go? Back
to our communities. So, again, Los Angeles is behind the curve instead
being ahead of it.
Several studies were cited, that parolees have a 70%
to 90% unemployment rate; that 60% to 80% of employers (depending
on the study you cite) indicated that they definitely, or would
not likely, hire an ex-offender; 70% of ex-offenders go back to
prison within the first 18 months of their release (largely due
to the inability to find work). When you add race into the equation,
these numbers get even more skewed. I remember reading a study last
year that stated a white male with a conviction had a better chance
of getting a job than a black male with a college degree. So, you
know how difficult it would be for a black male with a conviction
to get a job (impacts Latino males at almost the same levels).
Some of the Supervisors asked how was it determined
that the conviction was a deterrent? It’s easy. Just look at the
facts within the County alone. The County of Los Angeles reviews
50,000 job applications for 11,000 new hires a year. Of the 38 departments
in the County, eight (8) use conviction data on the front end of
the process. Others use it throughout the process. Like racism,
sexism and homophob-ism, convict-ism is a subjective process society
acts like never occurs until we look at the outcomes years later.
Wealth and income disparities, work disparities and recidivism rates
are all indicators (plus public survey polls). There is no public
opinion poll anywhere that favors hiring ex-offenders. Public attitudes,
like in the case of sex offenders, drug offenders and HIV/AIDs carriers,
fall in favor of the stigma—not in favor of the solution to perpetuation
of the problem. The “facts” are all there, and we wonder why crime
never drops in some communities.
Crime stops where work begins. And work can never
begin if people aren’t given the chance. I know. I’m a second-chancer
and know, firsthand, the difficulties they face. I’m one of the
blessed ones because I had a network of folk—who knew me, my talents
and demonstrated benefits—that could get them past the scarlet letter.
As many opportunities as I’ve been provided (and there have been
many), I know I’ve been denied twice as many opportunities as haters
choose to conveniently bring up my past to people who don’t know
me and don’t bother going any further. Most ex-offenders have no
such network, and just need a chance to sell themselves and demonstrate
their skills sets.
All things being equal, the conviction is a demerit.
Most are stopped cold at the door. Just a checked box nobody wants
to take a chance on and most are excluded before the process even
starts. It’s time to stop the hypocrisy with people who have paid
their debt. Telling people to get their lives together on one side
but not letting do so because of their past is the ultimate contradiction.
If President George W. Bush had to check the box for his DUI, he
might never been Governor of Texas, or President of the United States.
He wasn’t forced to disclose it…and the rest is history. So it should
be for every other person seeking a second chance in life. People
make mistakes, and their lives shouldn’t be thrown away because
of it. Everyone deserves a fresh start after their pay their debt
to society.
The L.A. Supervisors continued this motion for 60
days, but track this piece closely. One never knows when they might
need a fresh start in life. That person seeking a second chance
in life might one day be a relative, or be YOU. For a true “fresh
start” in a person’s life, let’s start by not forcing them to check
the conviction box on job applications—unless it really matters.
Anthony Asadullah Samad is a national columnist,
managing director of the Urban
Issues Forum and author of 50 Years After Brown: The State
of Black Equality In America. He can be reached at www.AnthonySamad.com
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