Limits on Asking About Criminal Records Proposed

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For many ex-offenders, criminal records are a sentence for life even after they served sentences and paid fines, say supporters of a proposed law to limit employers in asking about criminal records.

“People with criminal records have difficulties of returning to society. They couldn’t find a job and have a productive life. It may make them commit crime again and go back to prison,” said Khalid Bey, Syracuse Common Councilor from District 4 and sponsor of a local measure to get rid of the question on employment applications about criminal records.

The legislation is also known as “Ban the Box.” It would require employers to take off the criminal conviction box in the job application form and prohibit discrimination against qualified job seekers with criminal records.

But some businesses object to the proposed legislation. Kevin Schwab is vice president of marketing and communications at CenterState Corporation for Economic Opportunity, which is a Syracuse-based business leadership and economic development organization. Schwab argues that the legislation is not necessary because anti-discrimination against ex-offenders is already covered prohibited by law. Also, he said, the legislation will increase employers’ cost and lengthen the interview process for hiring people.

“Passing a law is not the only way. Besides legislation, there are other ways to solve the problem,” said Schwab, “To educate business cooperation to avoid discrimination.”

On the Syracuse Common Council, the sponsors of “ban the box” legislation are Democrats Bey of District 4 and Jean Kessner, councilor-at-large.  By early March, the council had cancelled two committee meetings for public comments. Bey and Kessner have said they’re redrafting their proposed legislation and will continue to push for it.

Supporters of banning the box cite these statistics as evidence of what they see as the need for change:

  •  65 million Americans — or one in four adults — have a criminal record that may show up on a background check report, according to National Employment Law Project, a New Jersey-based research group advocating the change in the law.
  • 43 local jurisdictions in the U.S. have adopted the ban-the-box policy, the project reported.
  • One year after release, 60 percent to 75 percent of ex-felons are unemployed, according to the National Institute of Justice, the research agency of the U.S. Department of Justice.

Under the proposed law for Syracuse, employers still have the right to do background checks and deny job applicants who have committed crimes in job-related areas, said Councilor Bey.  For example, he said, the policy wouldn’t force a bank to hire someone who a record of financial crimes.

Alan Rosenthal is co-director of justice strategies at the Center for Community Alternatives, a group that works with offenders to help them re-enter society. He  argued employers may screen out their most-qualified applicants only because of the criminal convictions. He urged employers to do background check at later point of job application and give enough consideration to ex-offenders.

“Taking off the box will help ex-offenders reenter society more easily and give them equal opportunity to find jobs,” said Rosenthal.

(Ruth Jingnan Li is a graduate student in magazine, newspaper and online journalism.)

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