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brneyes798
Feb 15, 2006, 10:10 AM
Do companies have the right to exclude a candidate from a job position based on a felony conviction?

I was recently hired by an IT consulting firm to do a software deployment for a major bank. The consulting firm investigated my background, after I had fully disclosed the information to them. They found that my record SINCE the offense had been excellent and my references highly recommended me. They spoke with me personally about the details and circumstances of the offense and deemed that the nature of the offense and the time since the offense were not enough to keep them from hiring me for the position.

Their client, (the major bank), on the other hand, did no investigation, no personal contact, no nothing, except see that I have a felony conviction on my record from 14 years ago and immediately denied my presence on the project.

I freely admit to a mistake. I have gone on with a productive life and a proven track record since that time. How long do I have to pay for a mistake? Do I have ANY recourse in this matter? I have investigated having the conviction expunged from my record, only to be told that it was not possible due to my age at the time of the conviction. All I want is to provide a decent life for my wife and children. Does anyone have any suggestions at all?

Frustrated

Fr_Chuck
Feb 15, 2006, 10:31 AM
Yes a company can have rules that no one with a felony can be employed.

Often in many industries, banking, insurance, and others one can not even be considered for the job if they have a felony conviction. Even felony arrests would have to be explained

The Bank ( client) has a rule about no one with felonies being allowed to work with their material. This would or could include any workers for any subcontractors they use ( i.e. your firm) you could work on other projects for this company but not the bank project.

I worked for one firm where security was so high, that even the people who delivered soda to the machines or snacks to the snack machines, or people who delivered anything that went into the building, could not have a felony record, anyone going in that building had to have had a background check and a specific id issued by the company.

Right now in my work ( I work with a medicare contractor doing work with the elderly) no one with a felony record can work for our company.
They make no exceptions because it is a medicare law )

Also in insurance for example, most will not hire anyone to be a agent because it requires bonding and most can not get a mond with a felony arrest.

Many jobs are no longer available to someone with a record.

** waiting to hear excons take on this also

CaptainForest
Feb 15, 2006, 11:09 AM
I am assuming you don't live in Canada based on your comments.

However, in case you do and have received the wrong information, any convictions on your record can be expunged after 7 years of when your sentence ends.

Although as I think about it, I doubt you live in Canada, since you said felony.


Now, moving on.

Yes companies can deny you if you have a felony conviction. While your IT company is okay with you, the major bank is not. This is unfortunate for you. But the bank has its own rules and its own security standards to follow.

brneyes798
Feb 15, 2006, 11:17 AM
I suppose all the hard work in put in working a full time job and going to school full time over the last four years has been for nothing. The only positions I will be able to obtain with a felony are low paying. What a wonderful world!

CaptainForest
Feb 15, 2006, 11:25 AM
Unfortunately that is a consequence of being convicted of a felony.

There are other countries in the world though that you go to, such as Canada. You can receive a pardon after 7 years.

And you said your IT Company is okay with it. Ummm, so why worry? Granted, the major bank doesn’t want you, but the next client might not care.

excon
Mar 30, 2006, 07:22 AM
Hello br:

Dude! Relax. There is life after a felony. YES, you have to make adjustments, so get on with it!

You were "told"?? By who? Some bureaucrat?? WHY would you ask for legal advice from a bureaucrat?? Worse! Why would BELIEVE any legal advice you got from a bureaucrat??

Go back to square one. You're not going to get this job. Fix the problem, then go on to make millions and take care of your family. You need to hire an attorney in the state where the felony occurred. Irrespective of what you were told, I believe expungment is available in ALL states. If it isn't, then a pardon certainly is.

Go for it. What are you waiting for?

Here's the next bit of bad news. An expungment doesn't ELIMINATE your record. It only removes it from public view. If you're ever asked on an application whether you've been convicted of a felony, the truth would be yes, even though you know that they can't find your record. Well, dude, you handle that however you want. I'm not here to give you moral advice.

A pardon, however, actually gets rid of the felony completely, and you can honestly say that you've NEVER been convicted of a felony.

OK, here's the next bit of advice. You may very well have to make adjustments in your life. You may very well no longer be a corporate dude. You may very well have to transform yourself into self employed software "consultant". I don't know why you wouldn't want to do that anyway, but circumstances may force your hand.

Here's the last bit of advice. Stop sniveling.

excon

ScottGem
Mar 30, 2006, 10:41 AM
I think the issue here is one of bonding. Most bank employees need to be bonded. Basically this is getting insurance where the bonding firm indemnifies the bank (or whatever company) from loss if you should steal from them.

Its not that easy for a person with a felony to get bonded, so the bank's bonding company, not the bank, may be dictating the policy.

My suggestion is to see if you can get yourself bonded by a repuatable firm. The software company that offered you the position may help with this. If you can get bonded, that may convince other employers to take a chance on you.

fredg
Mar 30, 2006, 01:39 PM
Hi,
The chances of being "bonded" by any company in the United States are very slim, but could be worth a try. Whenever a job application is filled out, as you said, it asks for prior convictions; other than misdemeanors.
Unfortunately, this is the way things work. But, being bonded is another story. I do wish you the best of luck.

Fr_Chuck
Mar 30, 2006, 03:51 PM
I think one of the harder issues is even getting to that chance, since of course you will be competeing with a ever growing unemployed or under employed work force.

For example the position I had in Atlanta, would allow someone with a high school education to be hired, but no one that did not have a college degree ever got hired, just too many people applying for the job.

So if you apply along with 100 other people, they start narrowing their search down, each company will have its own way to decide which 5 or 6 out of 100 they will call in to talk to, but I would suggest that a felony can get you left out before the race starts in some jobs and industries.

I saw one business that had on their help wanted notice, only non smokers need apply, I guess they were not going to hire anyone that smokes.

Unless it is for one of the protected classes, a company can not hire for any reason they wish

excon
Apr 7, 2006, 07:10 AM
Dude:

I'll give it one more shot.

>>>The mistake I made was being open and honest and waiving my rights to have an attorney present.<<<

That's true! It's a mistake you made THEN. The mistake you are making TODAY (and apparently insist on continuing with) is NOT changing up.

I know, it's not looking good, but you have NOT been convicted yet. And, you may not be. But, you surely will be if you continue to lay down.

excon

CharlieN
Apr 15, 2006, 05:53 PM
Convicted of felony in 1996. Also a drug felony in 1993 ( I think ). To prison in 1998, became part of a special program funded by George Soros. He donated $ 1 million to the prison for inmates to attend college. I excelled in accounting, and made straight A's. Onto 4 year University on sholarship. Won numerous national merit awards including being 1 of 42 students nationwide chosen as a National Society of Accountants Scholar 2 years in a row. Interned for 2 large CPA firms. ROAD BLOCK: As I neared the end of my education I began to prepare for the CPA examination in my state. I spoke to the boards in many states over the next year, and found that for many professions such as CPA, or ATTORNEY the issue comes down to " Moral Fitness", or " Character Fitness". It depends on how it worded in the state statute. Long story short, I realized that the chances of me being able to persuade the board ( taking into consideration Enron, Tyco, etc. at the time), was slim, at best. I then started my own high volume tax service as a sort of slap in the face. I know, like you, that I have the talent, education, etc. and that since I've been sober everything has changed. After investing more than $20,000 cash, I ran into another background issue with the IRS, and chose to put the EFILE ( IRS ) license in my name. This gave her, my eventual wife control of my business. Ahhh---now you see where I am going. Yes... we started having problems and she took control of the accounts, and closed the business, during the height of tax season, when we had already tripled our business from the previous year. I would have netted $70 K plus, but instead have ended up in BK. So... back to market. Hired... made an offer by Blue Cross and Blue Shield, but I lied on the application, they did background check and apparently, a law exists like the father said, barring m from working in the insurance industry. Medicare auditor was the position. I also have a real estate license, which I lied to get. I told my instructor about my past, and he persuaded me to answer NO the " The Question" regarding felony conviction. However, now the issue is the state in which I live requires a background check, and the realty company wants to do a credit check. Which by the way, more often than not, is a criminal records check ( skirting the law slightly ). That's how Blue Cross got me. Where am I today. Well I was actually researching a new career job prospect: Accountant Asst Controller for a local bank. I have all the skills, edcuation, experience, but " what was I thinking". I know better than anyone that I can not be hired by a bank. I guess I was just " American Dreaming". Starting your own business is great, but no benefits for family, a lot of risk, hard on relationship, upfront costs, and also, many times professional licensing is needed, and that's where the problem usually lies.
I am thinking about starting a non-profit to assist felons. But maybe it's the employers in private industry and politicians that need persuading. In 14 states it is now illegal to discriminate against someone with a felony. Two of them in both public and private industry. Its sucks when your creativity, intelligence, ability, and productivity ( hurts the US Economy ) is stifled to the point of complaining on this website. Good luck to anyone. I answer hundreds of emails a week from professionals with felony convictions, but I am running out of advice and hope. Good luck to all!

dahbuldee
May 9, 2006, 01:56 PM
Here's my advice and experience for what it's worth.

I'm in a similar boat: Ex-con, felony convictions from 11 years ago, college educated, trying to get ahead in life and put my past behind me.

I've had great success working for smaller companies. I've basically followed a "don't ask, don't tell" policy and it's worked well for me. I also had offers from larger companies in college who said they weren't concerned about my past.

General Thoughts:

Watch where you live. Some states are very unfriendly to Ex-Cons. Pretty much any state in the South will classify you as subhuman. Consider moving North or West. Both the laws (and the people) are more forgiving. I know that Washington in particular has a 10 year limit on considering felony convictions for employment.

Research what you want to do. Not every job is closed to you. Some states are more lenient than others in licensing felons for professional occupations. There was a story on 60 Minutes a few years back about a convicted murder who recently passed the bar exam in Arizona and is now a practicing attorney. It took him years of persistence.

Be honest. Nothing will compound the problem of a felony conviction like dishonesty. Fear is really no excuse. I can't imagine a company wanting to hire some with a criminal history and a present tendency to lie. Just be prepared to knock on a lot more doors than the average person before one opens for you.

Make yourself valuable. Work harder than anyone else. People like us truly have something prove and it should show in our work ethic.


To the original poster's specific issue:

I have done some research into the financial industry in the past. It's true you can be barred from a lot of areas in finance if you've had a conviction within the past 10 years. But it sounds like you're past that period. I agree with ScottGem that bonding/insurance may the issue here. Most companies have a blanket bond that will be invalidated if they hire a felon.

If it really is a legal and not discriminatory barrier you're facing, you should take ScottGem's advice and consider getting personally bonded by a large insurance company. Don't listen to naysayers out there who say it can't be done. Somewhere there is a company willing to give you a quote. You may not like that quote but it at least gives you a dollar amount of how risky you are to bank. If it's manageable, you can pay it or offer to pay it yourself. It may mean a hit to your overall salary but it could be worth it.

Bearlyus2
Aug 4, 2006, 04:00 PM
I have a friend that has just moved here (florida) from (NY ) with a felony, they asked me about finding out weather it is possible to get some kind of Bonding done, so that they may have a chance for employment. Does anyone know of any references which we may use?

answerboy
Aug 16, 2006, 06:23 PM
This is an interesting post since I thought I was the only one going through this. I graduated from college with a degree in accounting and a 3.96 GPA. Many people ask me why I did not take the CPA - and I always give some BS answer. The conviction was over 20 years ago, and sometimes I am fortunate and am hired at a company that limits the question to 7 years. I have even been in charge of HR, payroll, tax, and HR records ironically. But I am very trustworthy, that is what is so crazy about this at times. I handle all salary info and SSN with top confidentiality for the sheer joy and exuberance of being trusted!

Most recently I worked for a company doing p/r tax - way below my caliber but it paid very well and I did a great job so they hired me from a temp agency. But it was not good for my career progression, and I did not have any opportunity for advancement. I applied to many jobs while working, checking yes to the magic question. After five years of nothing, I rolled the dice and recently moved to Washington. I am currently seeking employment here. People have no idea why I moved and why I chose Washington. I tell very few people anything, which has really affected my personal life.

In fact, a career really affets all other areas, like finances, quality of relationships, friends, etc. I find that with lower quality jobs all other areas suffer big time. In fact I don't even date much, but at this point I am just looking forward to getting a great career more in line with my level of ability, as opposed to taking lower level positions. But I have been fortunate up to this point, and I hope everything else falls into place very soon. I skip all of the certifications (CISSP, CISA, CPA), which could really boost my salary, and I just stay optimistic and eager that I will have a great career without all of the BS.

koffeenut
Sep 4, 2006, 08:36 PM
I have a question along another vein of thought. I too am a convicted felon. I am considering taking a job that will require a trip to Canada for a training conference. Does anyone know if a person with a felony record can visit Canada? Is there anything I could do to ensure such a visit? Thanks for any advice/insight you might be able to offer.:)

ScottGem
Sep 5, 2006, 05:27 AM
Since you do not need to obtain a VISA for visiting Canada, there should be no problem as long as you have served your time.

answerboy
Sep 7, 2006, 08:40 PM
CharlieN wrote: <<In 14 states it is now illegal to discriminate against someone with a felony. Two of them in both public and private industry.>>

Which 14 states and which two? Some of these laws need to be read very carefully. In Washington, accounting is exempted from the 10 year limitation. A recruiter actually escorted me out of the office after I checked yes which I was rather surprised to read considering there was supposed to be a 10 year limitation. This NEVER happened in California, though they may not call sometimes. This was blatantly rejected by no other reason that a felony conviction, does not matter what for or how long ago. Apparently the exception is in WAC 43.43.815: (a) Securing a bond required for any employment;

(b) Conducting preemployment and postemployment evaluations of employees and prospective employees who, in the course of employment, may have access to information affecting national security, trade secrets, confidential or proprietary business information, money, or items of value.

So the recruiters say well that means accounting, finance, inventory, etc etc, so get lost.

excon
Sep 8, 2006, 04:51 AM
CharlieN wrote: In 14 states it is now illegal to discriminate against someone with a felony. Two of them in both public and private industry.


Hello:

I don't believe it.

excon

dahbuldee
Sep 8, 2006, 09:25 AM
That's disappointing to hear about Washington. I had it on my radar as a possible relocation state for jobs if things got tough.

dahbuldee
Sep 8, 2006, 09:27 AM
From what I've researched Canda is tough to visit for convicted felons. They can deny entry for any felony conviction, even for a simple border crossing. Time erases some of them from what I recall but the more severe convictions (i.e. prison sentences) require special approval.

Do your research before you make the trip. You may get lucky and they won't ask. But in these post 9/11 days you can never be sure.

answerboy
Sep 8, 2006, 10:52 AM
dahbuldee -
If you look at the applications of some of the big employers here, they will still follow WAC 162-12-140 (10 year limitation, though for some reason I have not found yet, they limit it to 7 - possibly because of the consumer report). Even in accounting jobs I have applied for, the application was the same. I think the general accounting recruiters are stretching it to say just because you are in accounting you are handling proprietary info or items of value, but I would not worry about them. Most of their jobs are not worth pursuing. They are not worth your time. They are not worth my time.

I have always found a way, and any of us can. Don't think about all the B.S. they throw at you - think about everything you have going for you and stay hopeful. It always works out - it has and it will. Screw anyone else who tells you different. At most we could use some energies to get some laws changed, but don't let their judgment of you affect you. They are seeing an illusion my friend. For example, my previous employers would be shocked to know I was a felon. They would not believe it - which is why all of this is so distorted and ridiculous. We cannot be defined or judged by our past, because, for most of us, it is not even who we are today. So screw them, just keeping moving towards what you want and you will get it. They cannot stop it.

just trying to do good
Jan 21, 2007, 11:21 AM
Its life

jtjones73
Jul 6, 2007, 05:07 PM
Hey all, I can honestly tell you that I know of no state where it is unlawful for them to discriminate against a felon, every industry can in every state and it's legal, 100%. Yes it's a PITA but it can be done. I've worked as the head of an IT department in an engineering firm, and been denied work at the local Home Depot! So basically it's a gamble on finding an employer that will work with you. Right now, the only job I have been able to find is one where I work 16 hours a day and get paid for 40 because I'm salaried and exempt. Want to talk about hurting your family life? My wife and kids hate that I only see them on the weekends but I have no other choice in the matter because no one else in this town will hire me.

So, good luck on finding that needle in a haystack.

infrared_5
Jul 12, 2007, 04:52 PM
Do companies have the right to exclude a candidate from a job position based on a felony conviction?

I was recently hired by an IT consulting firm to do a software deployment for a major bank. The consulting firm investigated my background, after I had fully disclosed the information to them. They found that my record SINCE the offense had been excellent and my references highly recommended me. They spoke with me personally about the details and circumstances of the offense and deemed that the nature of the offense and the time since the offense were not enough to keep them from hiring me for the position.

Their client, (the major bank), on the other hand, did no investigation, no personal contact, no nothing, except see that I have a felony conviction on my record from 14 years ago and immediately denied my presence on the project.

I freely admit to a mistake. I have gone on with a productive life and a proven track record since that time. How long do I have to pay for a mistake? Do I have ANY recourse in this matter? I have investigated having the conviction expunged from my record, only to be told that it was not possible due to my age at the time of the conviction. All I want is to provide a decent life for my wife and children. Does anyone have any suggestions at all?

Frustrated
Im having the same problem currently. I am stuck in construction with no opportunity for advancement. I wish I could help you. If you come across anything post it.

Romey1982
Aug 3, 2007, 05:13 PM
I am going to be in the same boat but I am going back to college for Construction management, will I have a hard time trying to find a job in that field?

excon
Aug 3, 2007, 06:02 PM
Hello Romey:

Yup, you're going to have a hard time too. What? You think there IS a field where a felon WON'T have a hard time??

That doesn't mean you can't get hired. It just means you have to work harder for it. BFD.

excon

Romey1982
Aug 3, 2007, 06:08 PM
So what should I do? I am going to be convicted on a white collar crime(the ing US Attorney isn't let me offer on this) and from what I heard I can still go to med school because the med review board in most states will give you a chance.

excon
Aug 3, 2007, 06:19 PM
So what should I do?Hello again, Romey:

I don't know, dude. Doctor or construction?? Let's see - I'd choose doctor. However, before I invested in 8 years of school based solely on what I "heard", I'd check out the state medical requirements BEFOREHAND.

excon

Romey1982
Aug 3, 2007, 06:25 PM
From what I have read most states will let you practice(I want to live somewhere on the west coast) and in California they are super easy as long as you didn't kill anyone because spending 8(in my case 6 plus residency)years in college is showing social change. So why not? I guess I just answered my question...

vietboy714
Sep 12, 2007, 01:25 AM
There are different types of felonies in the U.S. Its true that you can expunge a felony after 7 years if its state. A federal felony is there for LIFE, unless the President pardons you, which never happens.

jacjir
Sep 13, 2007, 01:42 PM
Have felonies for drug possession and breaking probabtion - have found it impossible to find a tech rep job or to get an apartment. Is there any help for this? Have been clean since January '06.

acw
Sep 22, 2007, 09:47 AM
There are many injustices in the criminal justice system. We have to change them, or live with them.

Living with them is difficult, but they are what they are.

The solution to living with them is to avoid any conflict with them when possible. This means getting into a field that doesn't really care about them.

To my knowledge the following types of work are available and achievable to those with a felony conviction.

-Medical; for the most part,unless you intentionally physically hurt another person you can get licensed in this field.

-Blue Collar: Various positions.

-Technology- that does not involve personal or vunerable information.

-Sales-

And more...

Keep the faith... and remember... there's always someone who's in worse shape than you... so count your blessings everyday...

nazukeoya
Nov 5, 2007, 02:07 PM
Do companies have the right to exclude a candidate from a job position based on a felony conviction?

I was recently hired by an IT consulting firm to do a software deployment for a major bank. The consulting firm investigated my background, after I had fully disclosed the information to them. They found that my record SINCE the offense had been excellent and my references highly recommended me. They spoke with me personally about the details and circumstances of the offense and deemed that the nature of the offense and the time since the offense were not enough to keep them from hiring me for the position.

Their client, (the major bank), on the other hand, did no investigation, no personal contact, no nothing, except see that I have a felony conviction on my record from 14 years ago and immediately denied my presence on the project.

I freely admit to a mistake. I have gone on with a productive life and a proven track record since that time. How long do I have to pay for a mistake? Do I have ANY recourse in this matter? I have investigated having the conviction expunged from my record, only to be told that it was not possible due to my age at the time of the conviction. All I want is to provide a decent life for my wife and children. Does anyone have any suggestions at all?

Frustrated

How I Got A Job As A Felon:

I recently was sentenced in August/2007 for software piracy, putting a felony on my record. I graduated in 2004 with a degree in Graphic Design.

2 months after I was sentenced, I was offered a job doing graphic design work for a prominent dentist office in my area. I told them of the felony and explained what happened and they were OK with it in the end. The #1 reason I got the job was because of God. I give Him all the glory. But even with God's help, I had to put the effort into getting the job. This was my strategy:

First impressions. I knew that there is a prejudice against felons. So I knew that the only way past this prejudice was to have the employer meet me as a person, and get them to like me. I acted nice and curteous to them. I knew that if their first impression of me was of a nice and talented guy, then when I told them of my felony, instead of viewing my felony through their prejudice, they would view my felony through my good first impression.

The problem is that on normal job apps you have to put down the felony. So what I did was apply to places where I just had to email them a resume, no application. So I got a call, interviewed, they offered me the position, I gave them a yes 2 days later and told them of the felony then, a week later they called to say that everything checked out well.

Manipulation is the key. Go for jobs where you don't have to send in a normal application. That way you can choose the right time to tell them of the felony. :)

excon
Nov 7, 2007, 04:37 AM
Hello again:

I'm absolutely certain that any job I got after my conviction, was gotten BEFORE I told them about the conviction.

excon

FallenFromGrace
Feb 13, 2008, 10:06 PM
Ok, excon has me rolling with laughter.. has anyone read his "additional information"? With a sense of humor like that, no wonder he is employed. :p

jalfaro37
Feb 29, 2008, 01:18 PM
Do companies have the right to exclude a candidate from a job position based on a felony conviction?

I was recently hired by an IT consulting firm to do a software deployment for a major bank. The consulting firm investigated my background, after I had fully disclosed the information to them. They found that my record SINCE the offense had been excellent and my references highly recommended me. They spoke with me personally about the details and circumstances of the offense and deemed that the nature of the offense and the time since the offense were not enough to keep them from hiring me for the position.

Their client, (the major bank), on the other hand, did no investigation, no personal contact, no nothing, except see that I have a felony conviction on my record from 14 years ago and immediately denied my presence on the project.

I freely admit to a mistake. I have gone on with a productive life and a proven track record since that time. How long do I have to pay for a mistake? Do I have ANY recourse in this matter? I have investigated having the conviction expunged from my record, only to be told that it was not possible due to my age at the time of the conviction. All I want is to provide a decent life for my wife and children. Does anyone have any suggestions at all?

Frustrated
Try going to clearmyrecord.com
I wish you well. I know what it's like to be in your shoes. Lost a lot of good offers that way

James321
May 17, 2008, 09:54 PM
What you can do is talk to the public defender or a Private Attourney and see if you can motion for an expungement. It's a pretty standard motion. I definitely can feel your pain. I too have a felony for GT from a person. Wrong place wrong time wrong friends kind of thing, but it is like a black cloud hovering above my life. I still have the felony and am motioning for the expungement. Since the conviction I have been a Mortgage Broker financing peoples $1,000,000. Estates. For the last 3 years. Not once have I ever thought about taking someone's identity or SSN. I have had thousands of SSN's pass through me and have access to even more peoples Identity's. I would never even consider taking someone's identity no matter how bad things got. The way I see it is if you say you have never done anything wrong in your past then you are full of it. There's no such thing as a Saint out there. I guarantee I have more Integrity then most of White Collar America.

ESL
May 18, 2008, 02:25 PM
Unless it is for one of the protected classes, a company can not hire for any reason they wish

We should change that and make people with criminal convictions protected classes.
Why?
For many reasons, but the most important is that it gives motivation and insensitive to people that make the mistake of breaking the law. If we do not make allowance for second chances, we cannot then claim that crime is a "personal choice" when people are predetermined to be in a permanent status of "criminal."

Also - for public safety reasons in that employment is the best form of criminal rehabilitation that steers people away from recidivism. This translates into less crime and less victims. I have heard it said that most ex-offenders coming out of prison make the most hard working and loyal employees, as they don't want to return to a life of crime.

Last, a society that is based on justice believes in second chances and that the punishment must end. Not only should people with criminal records be protected classes, there are issues of human rights and the permanent exclusion of people from society based only on criminal convictions. The problem is that data technology on criminal records to easy to access and policy with regard to criminal conviction discrimination has not caught up with the proliferation of the technology. And - those that access records often can't tell the difference between "simple misdemeanor battery" and "sexual battery on a child under 12."

Also - protected status is needed, as ANY criminal conviction is now used as the basis for discrimination on based on criminal record. I my state, Wisconsin, the discrimination against a person with a record must be based on the necessity to discriminate, such as keeping those convicted of "sexual battery on a child under 12" from working in a day care center. However, we should have no problem with someone convicted with burglary with working in a day care center, as the conviction is irrelevant to the occupation.

stanjj2004
Jun 2, 2008, 08:53 AM
We should change that and make people with criminal convictions protected classes.
Why?
For many reasons, but the most important is that it gives motivation and insensitive to people that make the mistake of breaking the law. If we do not make allowance for second chances, we cannot then claim that crime is a "personal choice" when people are predetermined to be in a permanent status of "criminal."

Also - for public safety reasons in that employment is the best form of criminal rehabilitation that steers people away from recidivism. This translates into less crime and less victims. I have heard it said that most ex-offenders coming out of prison make the most hard working and loyal employees, as they don't want to return to a life of crime.

Last, a society that is based on justice believes in second chances and that the punishment must end. Not only should people with criminal records be protected classes, there are issues of human rights and the permanent exclusion of people from society based only on criminal convictions. The problem is that data technology on criminal records to easy to access and policy with regard to criminal conviction discrimination has not caught up with the proliferation of the technology. And - those that access records often can't tell the difference between "simple misdemeanor battery" and "sexual battery on a child under 12."

Also - protected status is needed, as ANY criminal conviction is now used as the basis for discrimination on based on criminal record. I my state, Wisconsin, the discrimination against a person with a record must be based on the necessity to discriminate, such as keeping those convicted of "sexual battery on a child under 12" from working in a day care center. However, we should have no problem with someone convicted with burglary with working in a day care center, as the conviction is irrelevant to the occupation.

Everything here is true, which is something that our legislatures need to consider. First and foremost consider this. Did you know under the Fair Consumer Reporting Act that no information dating past 7 to 10 years can be reported to anyone? This does include convictions dating older than seven years also. But guess what, us as "criminals" still have to announce these past convictions even though they will not show up in a CRA. My solution to this matter is that if the information is older than 7 years and can not be reported then the individual themselves should not be allowed to announce it. Perfect example why: some companies do a credit check to look for financial problems etc.. Well for some financial problems can be a big deal, and lead to multiple bankruptcies. Well gues what, after 10 years those bankruptcies don't show up. But when employers ask about them they generally ask in the last 10 years have you filed bankruptcy, not in your life time. I think the same should follow for past convictions. If a individual can stay crime free for seven years, then that individual should be deemed a citizen who deserves to live a life like anyone else without society having to know about the skeletons buried in the closet.

Go talk to your legislature, and fight and fight and fight and fight. THere needs to be a stand, and coalition to form and speak about this. This will be the only way to get some sort of resolve to this.

dhoffm1
Jan 7, 2010, 10:36 AM
James321:
If you still read this forum, please let me know what state you are in. I have a friend with mortgage experience, but a 2005 conviction. He's been looking with no luck for 6 months, after being cut from his previous employer due to the economy.

Clough
Jan 9, 2010, 11:44 PM
Just so everyone knows who continues to post on this thread...

It's now old and archived, so it's not generally visible unless someone happens to visit this forum topic area, or has received a notification that there is activity on it because they've already posted on it.

If you have a separate question or want what you post to be currently visible to others on a daily basis, please start a new thread. If you do that, you're question or comments will get the best exposure.

Thanks!