Even after individuals serve their time whether that be in prison or in the community with supervision the lasting effects of a criminal record cause those who have been formally incarcerated to be treated as second class citizens. Being treated as second class citizens means that these individuals face countless barriers in several aspects of their life which can impact their livelihood as well as recidivism rates. While there are many barriers some of the most significant obstacles these individuals face are in regard to employment, housing, and education. While in recent years there have been some efforts made to help reduce these barriers for those with criminal records there is still an urgent need for reform in this area of criminal justice. The most promising method for addressing these barriers appears to be through policy as well as education. Many of the obstacles formally incarcerated individuals face are rooted in the stigma surrounding those with criminal records which has subsequently influenced policy regarding this topic. If we were to continue to educate the public as well as our legislators, we may be able to combat this stigma and move forward policies that allow for truly equal opportunities for all.
One of the most prominent barriers to those with criminal records is employment. There are a number of ways that having a criminal record can negatively impact formerly incarcerated individuals’ ability to gain employment. Licensing requirements can be a significant impediment as many state licensing laws include blanket disqualifications for individuals with criminal records1. By barring individuals with criminal records from receiving licensing this automatically disqualifies them from employment in many fields as nearly 1 in 3 occupations in the United States requires a license2. Not all states have laws barring individuals from licensure however it is evident that licensing requirements have the ability to significantly restrict employment options for individuals previously incarcerated. The logical solution to overcoming this barrier would be through reform of licensing requirements. While keeping in mind that there may be some situations in which restricting licensing is necessary, policies should be implemented that would amend licensing requirements to allow for individuals to prove themselves rehabilitated in order to receive licensure. By allowing for individuals with criminal records to get a license this would significantly expand their opportunities for employment which in turn we can assume would help reduce recidivism rates.
Beyond the technical barriers to employment that individuals with criminal records face, these individuals’ main roadblock comes from the stigma and discrimination that employers have towards individuals with records. While there are laws in place which bar employment discrimination solely on the basis of criminal record, they contain loopholes that allow for employers to evade accountability. The negative stigma surrounding individuals with criminal records allows for misconception on the part of the employer when looking at potential hires. Some research has shown that HR professionals primary concern when hiring an individual with a criminal record was the potential legal liability the employer would have should the employee get in trouble on the job, customers reaction if they found out that the employee had a criminal record, and government regulations that may restrict hiring. Employers are in fact far more concerned about these factors rather than the potential employee performance3. This suggests that the concern for employment of individuals with criminal records is not due to questions about their abilities but rather stigma-induced apprehension. Their fears while warranted have been proven to not be a legitimate concern. It has been shown that the number of lawsuits filed against employers for negligent hiring is incredibly small and are not a considerable risk for employers especially if they follow EEOC guidance4. One study in particular concluded that “no research has shown that workplace violence is generally attributed to employee ex-offenders is causally linked to increased workplace violence”5. This evidence illustrates the disconnect between reality and perception when hiring individuals with criminal records. The research undoubtably indicates that these individuals do not pose a severe threat to the employer in terms of liability. Despite liability not being a significant risk for employers there are also measures that can be implemented to help mitigate for this risk. There are a number of states that have passed legislation that limits the action that can be taken against an employer solely due to the employee’s criminal record. In addition to the broader liability in these states there is a Federal Bond Program which can help protect employers from liability through insurance grants. This program provides six-month bonds for individuals with criminal records who are qualified for the position. After the six-month period if the company decides to keep the employee, they can apply to private bonding insurance that is exclusively available with certification of the Federal Bonding Program. Expanding this program to make it more accessible to employers would be an effective method of reducing the barriers to employment for individuals with criminal records.
While reducing employer liability addresses one barrier to obtaining employment, we must also acknowledge the concern of how customers would react should they discover that an employee has a criminal record. This is evidently an issue of stigma and a lack of education on the reality of individuals with criminal records. The public often has a sense of fear surrounding the idea of individuals with criminal records. One method of addressing this stigma is through education of both the public and employers. Research has shown that there are actually positive aspects of hiring individuals with criminal records and the typical concerns of employers are contradictory to reality. People with criminal records are no more likely to get fired for misconduct than individuals without criminal records. Additionally, these individuals have higher retention rates and employers are likely to see more creative problem solving, greater empathy, higher engagement, as well as unique and valuable viewpoints3. If this information was presented to not only the public but also employers, it could allow for a reduction in the stigma against individuals with criminal records. This would help reduce employers concern about customers reaction to finding out an employee has a criminal record. If the general public becomes more accepting of individuals with criminal records being hired, then employers would be less concerned of their customers reaction.
Similarly, to employment, education has a significant impact on criminogenic risk. It has been shown that the probability of committing crimes like shop lifting, vandalism and threats, assault, and injury decrease with years of education. This benefits the entire community as the savings on the social costs of crime can be obtained by investing in education6. With this evidence it is clear that our country must strive to reform education access for individuals with criminal records. Currently many college applications ask if applicants have ever been convicted of a crime. By asking this question it automatically puts a negative label on the student in the eyes of many admissions counselors. One particular survey found that one third of admissions officers would consider a pending misdemeanor charge or a misdemeanor arrest negatively on the admissions process7. While the logic behind concerns about individuals with criminal records attending colleges and universities due to safety are understandable, the reality of this situation is very different. Of available research there is actually no evidence that screening applicants for prior convictions improves the safety of college campuses7. Since there does not appear to be any increase in safety by barring individuals with criminal records from attending and there is evidence that access to education reduces crime, we can logically assume that removing barriers to education would be beneficial for all. In addition to difficulty obtaining education, criminal record also impacts qualification for financial aid, grants, scholarships, and student loans8. An inability to receive aid places a significant financial burden on these individuals which only in turn makes it more difficult for them to obtain education. If criminal record could be removed from consideration for financial aid, grants, scholarships, and student this would help increase accessibility to education while also aiding in the reduction of recidivism rates.
Just as education and employment are both imperative to decreasing recidivism, housing is equally as important as it is one of the most basic necessities of a human being. Individuals with criminal records struggle due to barriers with obtaining this basic necessity. In our country there is a shortage of approximately 7.2 million affordable rental units that are available to extremely low-income households and individuals with criminal records are at an even further disadvantage as their record makes them less likely to be considered as a tenant9. To combat this barrier, we must put an end to housing discrimination. This means making it so that landlords cannot use criminal record against individuals. While there are laws that are supposed to prevent this from happening it is evident that they are not sufficient in preventing this discrimination. In addition to private housing there are significant barriers on public housing as well. Individuals who have a felony conviction or previous drug charge are ineligible for public housing10. This already puts a major barrier in their path as it means they must secure private housing and as discussed landlords often discriminate against individuals with criminal records. Barring individuals with certain records from obtaining public housing is unreasonable and there must be a push toward changing policy in order to allow for individuals with felonies and drug charges to obtain public housing. If this policy change cannot be implemented, then the public housing authorities should allow for mitigating circumstances to be a part of the application for public housing. This would allow for individuals with criminal records to explain their situation and provide a better description of how they are rehabilitated and why public housing is something that would benefit them. In addition to these barriers that make it incredibly difficult for individuals with criminal records to acquire their own housing there are also limitations in who they can stay with or where they can stay. Often individuals who are on probation or parole are required to avoid contact with and not reside within the proximity of other individuals involved in the criminal justice system11.This is yet another unreasonable barrier than individuals face as due to financial reasons their only living option may be with family some of whom may have a criminal record. This puts them in a position where they may not have a stable housing option since they cannot stay with family without violating their parole or probation. It is important that we work towards policy changes for individuals with criminal records seeking housing as it is known that a lack of stable housing can increase the possibility of being rearrested10. By continuing to make it difficult for individuals with criminal records to obtain stable housing our system is perpetuating the cycle of recidivism and making it more difficult for these individuals to succeed.
It is evident that individuals with criminal records face immense barriers in obtaining necessities that we often take for granted. These barriers to housing, education, and employment can have a significant impact on an individual’s ability to successful in the outside world. In our society we would hope that our system allows for rehabilitated individuals to have equal opportunities once they have repaid their debt to society however it is evident that with these barriers our system does not allow for this to happen. In order to allow for individuals to be truly rehabilitated we must give them the opportunity to flourish and prove that they have changed. In order to give them these opportunities to be a productive member of society we must remove the barriers that are restricting them. As discussed, there are several ways these barriers can be removed but the most promising answer is through the reduction of stigma and concurrently policy reform. With these two concepts going hand in hand, we can reduce the negative stigma around individuals with criminal records which will subsequently allow for further policy reform.
References
- https://www.ncsl.org/research/labor-and-employment/barriers-to-work-individuals-with-criminal-records.aspx
- https://www.businessnewsdaily.com/2492-occupations-requiring-licenses.html
- https://www.shrm.org/resourcesandtools/hr-topics/behavioral-competencies/global-and-cultural-effectiveness/pages/research-employers-willing-to-overlook-criminal-record-to-hire-right-person.aspx
- https://www.aclu.org/sites/default/files/field_document/060917-trone-reportweb_0.pdf
- https://www.shrm.org/legalissues/federalresources/pages/applicants-criminal-records.aspx
- https://www.tandfonline.com/doi/pdf/10.1080/00036840701604412?casa_token=WVFvc8A1zfwAAAAA:NoawwVe8nTqehXMGxT8-MV3OdJ4j6MqUZ51cXfA1qwuM6CSuIclaajFSSisf0IuFE_Ph-42wEDHjjg
- https://www.brookings.edu/research/thinking-beyond-the-box-the-use-of-criminal-records-in-college-admissions/
- https://donaldlykkebak.com/2020/04/5-ways-a-criminal-record-can-impact-your-education/
- http://www.reentryandhousing.org/barriers-to-housing
- https://www.apa.org/pi/ses/resources/indicator/2018/03/prisons-to-communities
- https://www.opportunityhome.org/resources/people-prior-records-encounter-many-housing-obstacles/