The Declaration of Independence was the foundation that this country was built on. The sentiments included in it are no less important today than they were when it was first written and delivered. One key quote seems to be even more relevant today but appears to be applicable to only those that can afford it.
"We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness."
President Obama recently spoke out at a press conference about the violence in Baltimore. One of the points he touched on was the inability of people with felonies to get jobs. In part he said, "so that we’re not rendering men in these communities unemployable because of a felony record for a nonviolent drug offense; that we’re making investments so that they can get the training they need to find jobs."
Every day throughout the country there are men and women who have felony convictions and are desperately trying to find a job. Many have strong education and work experience but as soon as the word FELONY appears in the criminal background section, nothing else matters. Discussions stop, job offers are rescinded, and the applicant rarely gets a chance to explain anything. It’s as if they no longer have the right to exist or be treated as any other applicant would have been.
Studies show that nearly one-third of American adults have been arrested by age 23.This record will keep many people from obtaining employment, even if they have paid their dues, are qualified for the job and are unlikely to re-offend. An extra set of punishments, or "collateral consequences," is imposed on individuals as a direct result of their criminal convictions. A national study, conducted by the American Bar Association's Criminal Justice Section, has listed more than 38,000 statutes that impose “collateral consequences” on people convicted of crimes. This allows denials of jobs, housing, benefits and voting. Over 80 percent of the statutes serve as a denial of employment opportunities.
A “collateral consequence” might be nothing more than an unspoken warning that it's safest to reject anyone with a record. If we limit the criminally convicted the ability to support themselves, this has both economic and public safety issues. When society is discouraged from recognizing and accepting genuine rehabilitation, this has moral and social implications as well. Any particular restrictions that have no apparent regulatory reason, and can’t be avoided or mitigated, act as additional punishment.
Regardless of the legal restrictions, the majority of employers indicate that they would "probably" or "definitely" not be willing to hire an applicant with a criminal record, according to a 2011 study. In fact, in a report by the National Employment Law Project frequent use of blanket "no-hire" policies among major corporations, as shown by their online job ads posted on Craigslist was found. An employer's concern is understandable. Employers don’t want to hire individuals who might commit future crimes and who might be a risk to their employees' or customers' safety. They believe that a prior record signals a higher chance that the applicant will commit more crimes in the future. But what about the applicant whose conviction was non-violent or non-job related?
Getting a job is one of the most important steps toward successful re-entry for people who have criminal records and paid their debt to society. However, too many people are denied job opportunities and so are unable to have the chance to succeed. The “Ban The Box” initiative is an attempt to give applicants a fair chance by removing the conviction history question on the job application and delaying the background check inquiry until later in the hiring process. Sixteen states have adopted this policy so far. While delaying the criminal background question might help an applicant get an interview, it still allows the job offer to be rescinded or denied once the background information is revealed. It doesn’t seem to matter if the applicant reveals it or if it is revealed on the background check. A felony conviction is a huge black mark on what could be an otherwise outstanding resume.
No one has suggested giving preference to these applicants when it comes to jobs. Employers should have a right to consider a person's criminal history in making a hiring decision. An important concern is that some employers take extreme measures by banning anyone with a criminal record altogether. What is important is that people have an opportunity to apply and be considered for jobs when they are qualified and when their criminal record is not relevant or occurred long enough in the past to no longer be the most important factor in whether they should be hired.
Until society and the workplace decides that a criminal record is only part of the person, we will be denying opportunity to those that need it most. It should be remembered that many of those with criminal records never envisioned having one. One day it could be someone we know or even ourselves that face these same obstacles. I only hope that before that happens, there will be an awakening and changes made so that the "pursuit of happiness" is free to all who try for it.