Transcript Overcoming Job Barriers Facing Vets With Criminal Records

Overcoming Job Barriers
Facing People with Disabilities
who have Criminal Records
Real Jobs New York Webinar
September 28, 2010
Stephan Haimowitz, J.D.
Burton Blatt Institute
Syracuse University
[email protected]
Impacts of a Criminal Record
Numerous, legal and social, long-term
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Voting, jury service
Credit
Housing
Child custody, foster care, adoption
Employment
Controversies
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Controversy – Employment
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High recidivism rate vs. predicting 1 person’s behavior
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Protecting vulnerable populations
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Responsibilities of certain jobs
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Osvaldo Hernandez
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2002, convicted of gun possession in NYC at age 19
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served 6 months in jail
2007-8, Army 82nd Airborne Paratrooper in Afghanistan
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awarded numerous combat decorations and citations
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Public Attention
Despite Felony, Army Vet Fights To Be A Cop
-- New York Daily News, Oct 16, 2008
Ex-GI’s AIm Is Blue
Gun Felon Turned Hero Bids for Shot at NYPD
-- New York Post, Nov 11, 2008
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Rethinking Impacts of a Record
N Y Judge Henry Kron - who had sent Hernandez to jail in 2002
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The point is for someone who’s made a mistake to have a chance to reclaim their life.
“Second Chance Act” (2008) - new direction in federal policy
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The point is that employment reduces recidivism.
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The Employment Dilemma
Applicant discloses criminal record - employer won’t hire
Worker who didn’t disclose - fired for “false job application”
More than 3 out of 4 employers do background checks
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on legal agencies’ websites
from numerous private search companies
from the 3 national credit reporting agencies
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NYS Criminal Records – Basic Terms
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Arrest Records
Teenagers’ Records
Conviction Records
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Crimes
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Felony
Misdemeanor
Non-Criminal Offenses
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Violation
Traffic Infraction
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Arrest Records
Employers and public licensing agencies can not
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Reject based on arrest w/o conviction
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Ask questions about arrests
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Exception - jobs in law enforcement.
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Teenager Records
Juvenile Delinquent (JD)
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Family court (under 16)
NOT a conviction
Youthful Offender Adjudications (YO)
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Criminal court (-19)
NOT a conviction
-------------------------------------------------------------------------------BUT Juvenile Offender (JO)
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Criminal court (-19)
IS a conviction
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Strategies – Handling a Criminal Record
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Correcting RAP Sheet Errors
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Sealing Records
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NY Law’s Requirement of Individual Consideration
NY Law’s Certificates of Rehabilitation (2 types)
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Bonding Program & Employer Tax Credits
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Preparation for Job Applications & Interviews
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RAP Sheet Errors
RAP created if person is arrested and fingerprinted
Over 87% of NY RAP sheets contain mistakes.
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Grade (felony vs. misdemeanor is wrong
Charges are listed more than once
Disposition is not reported
Why it matters
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Sometimes, all charges were dropped.
Even if conviction, often only for some and /or less serious charges
If disposition not present, employer will assume that charges are pending
Request for Record Review” Form
Division of Criminal Justice Services (518) 485-7675
http://www.criminaljustice.state.ny.us/ojis/recordreview.htm
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Sealing Records
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Arrests not ending in Conviction Can be Sealed
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Convictions for most Non-Criminal Offenses Can be Sealed
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Starting in 1991, automatically sealed
Violation
Traffic Infraction
BUT Convictions for Crimes Can Not be Sealed
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Felony
Misdemeanor
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NYS’ Corrections Law Article 23-A
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Prohibits Most “we don’t hire offenders” policies
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Applies to
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covers hiring & retention decisions
summary must be conspicuously posted and given to applicants
public employers
public licensing agencies
private employers (more than 10 employees)
Requires individualized assessment of qualifications and
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23(a) --- Individualized Assessment
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age at time of the offense, any mitigating circumstances
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seriousness of offense
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time elapsed and record since the offense
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rehabilitation efforts and outcomes
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how the crime relates to the specific job or license
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23(a) Employers’ Liability Concerns
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Art 23-A provides some protection from “negligent hiring” lawsuits
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By barring evidence of the worker’s prior conviction
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If employer had followed Art 23-A in good faith
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Fair Credit Reporting Act
Under the federal law
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If an employer plans to take “adverse action” based even in part on
a credit report, he/she must give the person –
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a copy of the report
a Summary of Consumer Rights, including how to fix errors
before taking that action
http://www.ftc.gov/bcp/edu/pubs/business/credit/bus08.shtm
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NYS’ 2 Certificates of Rehabilitation
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“Certificate of Relief from Civil Disabilities”
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1 Felony & any # of Misdemeanors
Can include convictions in other jurisdictions
Can get Immediately upon conviction
From sentencing judge or Division of Parole
“Certificate of Good Conduct”
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Multiple Felonies & any # of Misdemeanors
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Waiting Period C,D or E felony - 3 years
From Division of Parole
A or B felony - 5 years
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Federal Bonding Program
Encourages employers to hire “at risk” individuals
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Ex-offenders
Ex-addicts who’ve been rehabilitated
Program information http://www.bonds4jobs.com/index.html
Covers loss up to $ 25K loss from employee dishonesty
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Does not cover poor workmanship, injury, work accidents, etc
Established in 1966, 99% success rate
Free to employer for 6 months, no deductable
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Relatively simple application process – need full time job offer with starting date
After 6 months employer can continue coverage by paying premiums
NYS Coordinator
Elaine Kost 518-485-2151 [email protected]
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Special NYS Rules
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Unlicensed health care staff
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Places serving alcohol
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NYS Dept of Health – state and federal record checks
Waiver is available from NYS Liquor Authority
Commercial Drivers License
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Hazardous Materials Endorsement
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Limited Driver’s License
Keeping a Driver's License DURING Prosecution
Hardship Privilege which permits driving to/from work, school/and/or doctor
Conditional License AFTER
Conviction
Person can drive to / from /during:
work
certain other activities
Must complete Drinking Driver Program http://www.nydmv.state.ny.us/broch/c40.htm
7 sessions, 1 / week, each 2-3 hrs
screening
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Tax Credits for Employers
Federal Work Opportunity Tax Credit
$2,400
http://www.doleta.gov/business/Incentives/opptax/
NYS Workers with Disabilities Tax Credit $2,100
http://www.labor.state.ny.us/businessservices/EDSU/EDSU%20WETC.shtm
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Using These Strategies
How To Get and Clean Up Your New York State Rap Sheet
Free online - http://www.hirenetwork.org/pdfs/NYS_Rap_Sheet_Final.pdf
Employment Discrimination and What to Do About It
Guide for NY Counselors of Individuals in Recovery from Alcohol and Drug Dependence, and Ex-Offenders
Free online - http://www.hirenetwork.org/pdfs/Employment%20discrimination%20(NY).pdf
Legal Action Center
225 Varick St. New York, NY 10014
(212) 243-1313 http://www.hirenetwork.org
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Assistance >>>> Preparation
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Advocacy Organizations
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Veterans Organizations
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vets who are lawyers may help “pro bono” (free)
Google / Bing, etc “expunge New York criminal records”
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HIRE, Legal Services, Public Defenders, Prisoner’s Rights
private lawyers who will provide representation for a fee
A lawyer helps but isn’t required,
preparation is . . .
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Job Applications & Interviews
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Prepare to handle the criminal record question
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Answer what is asked truthfully, and know
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Do not leave application question blank or say “will discuss at interview”
Do practice interviews (vets in that business)
Differences – Crime (felony, misdemeanor) vs. Non – criminal offense
Conviction includes suspended sentence, probation, fines, etc.
Give a summary of what happened
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Be brief, accept responsibility
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Job Applications & Interviews (cont.)
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Fully explain what’s changed & provide documentation
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Provide Federal Bonding information
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Military service
Rehabilitation / treatment
Education / work
Community service / church involvement
State coordinator’s name, phone and email
Program form and description
If not hired, send a letter recounting the above
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Economic Independence Programs
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Self employment assistance
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Business plan development, financial consultation and training -- from experts
For more information
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Start-Up NY
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Syracuse University, Burton Blatt Institute
http://bbi.syr.edu/projects/startup_ny/
Entrepreneurship Bootcamp for Vets with Disabilities
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SU’s Whitman School of Management and 5 other universities
http://whitman.syr.edu/ebv/
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Economic Independence Programs
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New York Makes Work Pay
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SU’s BBI, Cornell, New York State
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Customized Employment
Benefits Management, Tax Assistance, Individual Development
Financial Literacy
http://www.ilr.cornell.edu/edi/nymakesworkpay/index.cfm
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Slowing the “Revolving Door” Programs
Human services - criminal justice collaboration
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agencies often struggle serving many of the same people
employment a key element in recovery
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http://mentalhealth.samhsa.gov/cmhs/CommunitySupport/toolkits/employment/
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Diversion
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getting people into treatment services
SAMHSA funds a range of program models (800) 311-GAIN
National GAINS Center http://www.gainscenter.samhsa.gov/html/
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Positive Signs
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Ban the Box Ordinances – public employment
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State Initiatives
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Eliminate “Have you been . . . “ from job application
Minnesota, San Francisco, Chicago, Baltimore New Haven, Portland
Some extend to contractors
MA bill shortens waiting periods to seal records - Governor supports it
Federal “2nd Chance Act” – new national policy
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Successful reentry is in the public interest
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The Reality
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Escaping criminal justice involvement – possible, but difficult
Making the effort can have significant benefits
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Frank McFarren
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Unique Auto Body
Whitehall, NY
(518) 642-2945
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