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    Hiring Ex Felons

    Asked Oct 30, 2008, 06:41 AM 18 Answers
    Is It Illegal NOT to hire a person based solely because they are an ex felon. After they have paid their debt to society, should they be allowed another chance to rejoin the working class? It seem to me that if you make a mistake society makes you pay for it for the rest of your life. What say yee :confused:

    Last edited by J_9; Nov 29, 2008 at 06:07 AM.
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    Fr_Chuck's Avatar
    Fr_Chuck Posts: 80,442, Reputation: 7604
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    #2

    Oct 30, 2008, 07:19 AM



    There are 10 people applying for a job, 5 have no criminal records, 5 have records, the record is a negative on their background, so unless they have more positive things to balance it will effect hiring.
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    davidwcrockett's Avatar
    davidwcrockett Posts: 1, Reputation: 1
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    #3

    Nov 16, 2008, 10:39 PM
    No it's not right
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    Forgiveme's Avatar
    Forgiveme Posts: 42, Reputation: 4
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    #4

    Nov 29, 2008, 02:46 AM

    I am a felon and I found out I will no longer shop at certain stores like the gap, banana republic, Macy's, and more its just too many to name. I found out that I fall in a category where stores like the one's I named don't hire people with my background problem. You can't even make a mistake, because you are forever living in your mistake shadow. Does anyone knows where a felon can go to obtain employment?
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    excon's Avatar
    excon Posts: 21,474, Reputation: 2990
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    #5

    Nov 29, 2008, 05:29 AM
    Hello F:

    Don't go to places that make you fill out an application and wait... Go to places where you can actually TALK to the boss when you apply. These are going to generally be small mom and pop shops.

    Keep going, and don't stop. You'll find work.

    excon
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    uvware's Avatar
    uvware Posts: 57, Reputation: 9
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    #6

    Nov 29, 2008, 05:39 AM
    I say yes, everyone should have a fair shake. I have a brother who made some bad choices when he was 18, he got a violent felony because he was wearing steel toed boots. Which even makes it more difficult to get a job.

    Anyway, he's 29 years old and sober for 1 year and NO one will hire him. All he wants to do is work, have a life and support his family.

    I really think employers, instead of grading them on paper should also allow their common sense and gut tell them what they think of an applicant whether they are a felon or not. Because there are a lot of non-felons that are worse than felons when it comes to work ethic, dependability, etc.
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    FlyYakker's Avatar
    FlyYakker Posts: 378, Reputation: 41
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    #7

    Nov 30, 2008, 09:21 AM

    I'm not and expert in this, but I sympathise. Let's think about this a bit more, however.

    Be realistic.

    You may have paid your "debt to society", but society (and particularly employers) also needs to feel comfortable that you really understand that whatever you did was wrong and therefore will not repeat the mistake. To think that just paying the "debt" will make things all good again is thoroughly unrealistic. Get over that idea now. It is not helping you.

    While other people, without records, may potentially be worse employees, the fact is that you have already shown yourself to be a risk. Keep in mind that good employers are not just concerned about the well being of their business, but also the safety and well being of their employees as well. They have no obligation to risk business or employee well being for you. Why should they?

    I concur that talking to the prospective employer will help. I suggest that you approach the interview with the understanding that having paid the "debt" is almost irrelevant at that point, and trust is all important. What can you do to help engender that trust? For example, do you have friends of good character willing to write recommendations, say. Past employers?

    I know it is not that simple. It's a Catch 22. To really prove yourself you first need to get a job, and it is hard to get a job. But please approach the problem with a realistic attitude.

    Good luck.
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    excon's Avatar
    excon Posts: 21,474, Reputation: 2990
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    #8

    Nov 30, 2008, 09:31 AM
    Hello again:

    I don't disagree with Fly.

    And, I think you'll fail if you think of your boss or your workplace as a social agency. Why I suggest you speak with him directly, is so that you can persuade him that hiring you will MAKE HIM MONEY! THAT should be the subject of your interview. If you're successful at THAT, your record will be a footnote to the conversation.

    But, if you go in looking for somebody who'll give you a break, you ain't going to find work.

    excon
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    Forgiveme's Avatar
    Forgiveme Posts: 42, Reputation: 4
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    #9

    Nov 30, 2008, 04:47 PM
    Everyone is a risk, I mean I have been on interviews where as I showed how intelligent I was, I was dressed very professional and explained why I was arrested, bottom line its about what they see on your record. There is no "you paid your debt to society", you suffered the consequences of your actions. The world we live in is F up, you can't make a mistake and rebound to better yourself without being judge because of your past. What I tell myself everyday is my future is more powerful than my past.and its about what I am doing now to better myself as a person. I am not a career criminal, I don't have a rap sheet, I made a mistake. And because I made a mistake I am being persercuted for this. In the court room its says in god we trust, but yet they judge and don't forgive, even if you haven't been arrested or in any trouble since your first arrest. I applied for my article 23 to get my rights restored back 3 times and was denied, I was working, paying my taxes, I wonder why they denied me HHHHMMMMM. The world is F up. And I am sick and tired of the S$#@. I have been on more than 100 interviews since I was 19 yrs old. Good Luck to all the felons out there. You are not alone I feel your anger, and I know what you are going through and don't settle for nothing, Because I'm not. If I offended anyone, don't take it personal.
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    Forgiveme's Avatar
    Forgiveme Posts: 42, Reputation: 4
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    #10

    Nov 30, 2008, 06:06 PM

    Hi Folks,

    It’s time again to answer some of the most commonly asked questions about background checks and pre-employment screening. This one is a bit of a long one so we are only answering one today.

    How far back will an employer go to check my background?
    As with many of these types of questions it all depends on the employer. According to the FCRA there is no longer a limit of seven years on criminal record checks. Many companies stick with the old seven year rule though just to have some sort of set standard. There are also certain states that do not allow employers to go beyond a set number of years when it comes to background checks. Listed below are the states that have seven year restrictions for employment screening purposes.

    California: CA Civil Code (Consumer Credit Reporting Agencies Act) 1785.13.6 – Conviction No consumer credit reporting agency shall make any consumer credit report containing any of the following items of information (6) Records of arrest, indictment, information, misdemeanor complaint, or conviction of a crime that, from the date of disposition, release, or parole, antedate the report by more than seven years. These items of information shall no longer be reported if at any time it is learned that in the case of a conviction a full pardon has been granted, or in the case of an arrest, indictment, information or misdemeanor complaint a conviction did not result.

    Colorado: CRS 12-14-.3-105.3 (1)(e) – Reporting of information prohibited No consumer reporting agency shall make any consumer report containing any
    Of the following items of information: (e) Records of arrest, indictment or conviction of a crime that, from the date of disposition, release, or parole, predate the report by more than seven years. Exception: If the salary of an individual equals or is reasonable expected to equal $75,000 or more, the 7-year restriction does not apply.

    Kansas: KS Chapter 50 Article 7 – Fair Credit Reporting - Obsolete Information
    Except as authorized under subsection (b) of this section, no consumer reporting agency may make any consumer report containing any of the following items of information: (5) records of arrest, indictment, or conviction of crime which, from date of disposition, release, or parole, antedate the report by more than seven (7) years. Exception: If the salary of an individual equals or is reasonable expected to equal $20,000 or more, the 7-year restriction does not apply.

    Maryland: Code of Maryland 14-1203 (a) (5) - Reporting of obsolete information prohibited
    (a)Prohibited items of information – Except as authorized under subsection (b) of this section, no consumer reporting agency may make any consumer report containing any of the following items of information: (5) Records of arrest, indictment, or conviction of crime which, from date of disposition, release, or parole, antedate the report by more than seven years. Exception: If the salary of an individual equals or is reasonable expected to equal $20,000 or more, the 7-year restriction does not apply.

    Massachusetts: M.G.L. Chapter 93, Section 52 – Information not to be contained in report; exceptions:
    Except as authorized under subsection (b) no consumer reporting agency shall make any consumer report containing any of the following items of information: (5) Records of arrest, indictment, or conviction of crime which, from date of disposition, release, or parole, antedate the report by more than seven years. Exception: If the salary of an individual equals or is reasonable expected to equal $20,000 or more, the 7-year restriction does not apply.
    M.G.L. Chapter 151B, Section 4 (9) – Unlawful practices
    It shall be unlawful practice: (9) For an employer, himself or through his agent, in connection with an application for employment, or the terms, conditions, or privileges of employment, or the transfer, promotion, bonding, or discharge of any person, or in any other matter relating to the employment of any person, to request any information, to make or keep a record of such information, to use any form of application or application blank which requests such information, or to exclude, limit or otherwise discriminate against any person by reason of his or her failure to furnish such information through a written application or oral inquiry or otherwise regarding: (I) an arrest, detention, or disposition regarding any violation of law in which no conviction resulted, or (ii) and arrest, first conviction for any of the following misdemeanors: drunkenness, simple assault, speeding, minor traffic violation, affray, or disturbance of the peace, or (iii) any conviction of a misdemeanor where the date of such conviction or the completion of any period of incarceration resulting there from, whichever date is later, occurred five of more years prior to the date of such application for employment or such request for information, unless such person has been convicted of any offense within five years immediately preceding the date of such application for employment or such request for information.

    Montana: Montana Code Annotated 2005 31-3-112 – Obsolete information
    No consumer reporting agency may make any consumer report containing any of the following items of information: (5) records of arrest, indictment, or conviction of crime which, from date of disposition, release, or parole, antedate the report by more than 7 years; (6) any other adverse item of information which antedates the report by more than 7 years.

    Nevada: Nevada Revised Statutes 2005 598C.150 (2) – Purging of information from files of reporting agency; disclosure of purged information.
    A reporting agency shall periodically purge from its files and after purging shall not disclose: (2) Except as otherwise provided by a specific statute, any other civil judgment, a report of criminal proceedings, or other adverse information which precedes the repot by more than 7 years.

    New Hampshire: HRS 359-B:5 - Obsolete Information
    I. Except as authorized under paragraph II, no consumer reporting agency may make any consumer report containing any of the following items of information: (e) Records of arrest, indictment, or conviction of crime which from date of disposition, release, or parole, antedate the report by more than 7 years. Exception: If the salary of an individual equals or is reasonable expected to equal $20,000 or more, the 7-year restriction does not apply.

    New Mexico: New Mexico Statute Chapter 56-3-6 – Report information; limitations
    A credit bureau may report the following matters for no longer than the specified periods: (5) arrests and indictments pending trial, or convictions of crimes for not longer than seven years from date of release or parole. Such items shall no longer be reported if at any time it learned that after a conviction a full pardon has been granted, or after an arrest or indictment a conviction did not result; and (6) any other data not otherwise specified in this section, for not longer than seven years.

    New York: New York State Consolidated Laws Article 25 Section 380-j – Prohibited Information
    Prohibited information. (a) No consumer reporting agency shall report or maintain in the file on a consumer, information: (1) relative to an arrest or a criminal charge unless there has been a criminal conviction for such offense, or unless such charges are still pending. (f) (1) Except as authorized under paragraph two of this subdivision, no consumer reporting agency may make any consumer report containing any of the following items of information. (V) records of conviction of crime which, from date of disposition, release, or parole, antedate the report by more than seven years
    Texas: Business & Commerce Code – Chapter 20 20.05 – Reporting of information
    Prohibited. (a) Except as provided by Subsection (b), a consumer reporting agency may not furnish a consumer report containing information related to: (4) a record of arrest, indictment, or conviction of a crime in which the date of disposition, release, or parole predates the consumer report by more than seven years. Exception: If the salary of an individual equals or is reasonable expected to equal $75,000 or more, the 7-year restriction does not apply.

    Washington: RCW 19.182.040 – Consumer report – Prohibited information – Exceptions Except as authorized under subsection (2) of this section, no consumer reporting agency may make a consumer report containing any of the following items of information: (e) Records of arrest, indictment, or conviction of crime that, from date of disposition, release, or parole, antedate the report by more than seven years. Exception: If the salary of an individual equals or is reasonable expected to equal $20,000 or more, the 7-year restriction does not apply.
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    kimjobcoach's Avatar
    kimjobcoach Posts: 1, Reputation: 1
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    #11

    Aug 17, 2009, 09:33 AM
    I am coming late to this conversation - but I am sure that there are people out there still looking for answers. You are right - some people are going to take a look at your record and go directly to the next person, but there are quite a few people out there that are not only willing to consider, but actually hire people despite their record. One of the things that you really need to keep in mind right now is that the job market is bad for EVERYONE. If you aren't getting hired, it may not simply be because you have a background - so many people are fighting for the jobs out there that it makes it tough.

    One tool that you can use is that there are tax credits available for employers who are willing to consider hiring someone within their first year of release from prison. The company that I work for is called The Next Step, and we are working in Iowa and Pennsylvania at the moment, so I am most familiar with the credits available in those two states, but I am certain that each state has it's own version of rewarding employers for giving people a second chance.
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    kimjobcoach's Avatar
    kimjobcoach Posts: 1, Reputation: 1
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    #12

    Aug 17, 2009, 09:33 AM
    I am coming late to this conversation - but I am sure that there are people out there still looking for answers. You are right - some people are going to take a look at your record and go directly to the next person, but there are quite a few people out there that are not only willing to consider, but actually hire people despite their record. One of the things that you really need to keep in mind right now is that the job market is bad for EVERYONE. If you aren't getting hired, it may not simply be because you have a background - so many people are fighting for the jobs out there that it makes it tough.

    One tool that you can use is that there are tax credits available for employers who are willing to consider hiring someone within their first year of release from prison. The company that I work for is called The Next Step, and we are working in Iowa and Pennsylvania at the moment, so I am most familiar with the credits available in those two states, but I am certain that each state has it's own version of rewarding employers for giving people a second chance.
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    HUMANSERVICE's Avatar
    HUMANSERVICE Posts: 1, Reputation: 1
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    #13

    Feb 17, 2010, 07:35 AM
    We need to Form a Group in order to make it so employers CANNOT obtain legal background on us felons. It is discrimination. The nation has been so freely handing out felonies to fill their jails, and yes there are many who are fortunate enough to not have been cought, or where they really fortunate?? There are those too who do have severe problems and are harmful to others. However, almost 85% of the people I have met on parole, in jail, prisons, or who have been served by social security security, section 8, or even welfare have the ability to work, they have the motivation, they have an ambiton to discover the world like every human does. But they held back with hopelessness due to consitantly being cut down or rejected time and time again. What if that person is the one to make an important discovery for the human race?? To cure cancer or other disease?? What if one of these people are the ones to invent space travel like no other?? FELONS DESERVE A CHANCE. THE GOVERNMENT LETS THIS CONTINUE. IT IS RACIST. PERIOD. IT IS INHUMAN. WE ALL MAKE MISTAKES WHEATHER YOU HAVE A RECORD OF IT OR NOT. WHO IS THE REAL CRIMINAL TO NOT HELP YOUR BROTHERS OR SISTERS AND TO JUDGE THEM AND LET THEM BE JUGED?? WE MUST CHANGE THIS FOR THIS WILL HELP OUR ATTITUDES AS HUMANS AS A WHOLE. PLEASE RESPOND- THSMALLTOWN@GMAIL.COM
    I WILL FIGHT FOR US... THIS IS JUST THE BEGINNING...
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    notacriminal's Avatar
    notacriminal Posts: 1, Reputation: 0
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    #14

    Jun 8, 2010, 03:24 PM

    Does anyone know if moving to another country will give you a fresh start? I have heard Canada is a pritty good place to try and start over.
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    twofeathers's Avatar
    twofeathers Posts: 1, Reputation: 1
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    #15

    Oct 8, 2010, 08:21 AM
    I understand your struggle. I'm facing the same problem. They just don't care. Im a repeat offender that has finally learned my lesson, but now its to late, because I'm labeled now. There is no hope no wonder people go back to what got them into trouble. Some times it just seems like there's no other choice.
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    hikeg's Avatar
    hikeg Posts: 2, Reputation: 1
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    #16

    Feb 18, 2011, 12:16 PM
    I too can relate to this struggle. I am a one time offender, convicted of second degree murder of an intruder in my home. All water under the bride now, or is it. I was diagnosed late with colon cancer while incarcerated and fought back regaining my health. Upon release I was fortunate in finding employment with a former employer. Unfortunately my cancer has returned making me unable to perform the physical tasks of my employment. I have an excellent work history but being able to find new employment in a field that I am more than experienced and qualified and able to perform has been impossible to secure because of these criminal background checks. I don't yet qualify for social security and want nothing more but to find a job as a route driver involving the delivery of small packages, even a courier type position. I have a wife and two young daughters I need to support but I just can't get past that background check, despite my excellent work history and references. If anyone out there can help me please contact me at sandrajbella@aol.com or 734-262-4099
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    sizzlers's Avatar
    sizzlers Posts: 1, Reputation: 1
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    #17

    Apr 6, 2011, 12:40 PM
    Some companies have voice not to hire ex- felon period because of past mistakes and not to even give then a second chance.. It maybe unprecedented in a court of law but it is truly an act of aggression and revenge for an act committed upon society to deny an ex- felon or anyone with a criminal past the equal opportunity for employment as all others of a free society. Am I not free as all others in a free society with the same equal protection due to others under the constitution and to all naturalize born citizens who are protected under the same constitution of the land as all free men? Companies advertises as being an EQUAL EMPLOYMENT OPPORTUNITY WORKPLACE. This is not true and should be considered false advertisement and as well unfair policy practice.It is clearly an unfair policy practice when a employer advertise as being an EQUAL EMPLOYMENT OPPORTUNITY WORKPLACE and deny ex- felons an eqaul opportunity as all free men of a free society. Companies has adopted such policy that would discriminate, persecute ex-felons unfairly in there hiring practice, and unlawfully punish.

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    bay0818's Avatar
    bay0818 Posts: 1, Reputation: 1
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    #18

    Oct 7, 2011, 08:03 PM
    I can relate to this problem. I had a Felony/1992. I am still waiting for the Governor to seek clemency in the form of pardon and expungement. This has hindered me from receiving a City job or even working in the Hospital Field. Does anyone have any suggestions where you can find jobs.
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    Pizzagilla's Avatar
    Pizzagilla Posts: 1, Reputation: 1
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    #19

    Jun 21, 2012, 08:33 PM
    I am an ex felon and had been out of prison for almost 3 years working at the same job that entire time and the company I was working for was fully aware of my felonies. I worked my way up to a supervisor position and had earned the companies full trust. But, then Amazon came along and bought the company out and they have a no felony policy so after almost 3 years of working at that company I was fired.
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