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Overcoming Job Barriers Facing People with Disabilities who have Criminal Records Real Jobs New York Webinar Septemb

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 sjhaimow@law.syr.edu. Impacts of a Criminal Record.

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Overcoming Job Barriers Facing People with Disabilities who have Criminal Records Real Jobs New York Webinar Septemb

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  1. Overcoming Job Barriers Facing People with Disabilities who have Criminal RecordsReal Jobs New York WebinarSeptember 28, 2010 Stephan Haimowitz, J.D. Burton Blatt Institute Syracuse University sjhaimow@law.syr.edu

  2. Impacts of a Criminal Record Numerous, legal and social, long-term • Voting, jury service • Credit • Housing • Child custody, foster care, adoption • Employment Controversies

  3. Controversy – Employment • High recidivism rate vs. predicting 1 person’s behavior • Protecting vulnerable populations • Responsibilities of certain jobs

  4. Osvaldo Hernandez • 2002, convicted of gun possession in NYC at age 19 • served 6 months in jail • 2007-8, Army 82nd Airborne Paratrooper in Afghanistan • awarded numerous combat decorations and citations

  5. 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

  6. Rethinking Impacts of a Record N Y Judge Henry Kron - who had sent Hernandez to jail in 2002 • 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 • The point is that employment reduces recidivism.

  7. 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 • on legal agencies’ websites • from numerous private search companies • from the 3 national credit reporting agencies

  8. NYS Criminal Records – Basic Terms • Arrest Records • Teenagers’ Records • Conviction Records • Crimes • Felony • Misdemeanor • Non-Criminal Offenses • Violation • Traffic Infraction

  9. Arrest Records Employers and public licensing agencies can not • Reject based on arrest w/o conviction • Ask questions about arrests • Exception - jobs in law enforcement.

  10. Teenager Records Juvenile Delinquent (JD) • Family court (under 16) • NOT a conviction Youthful Offender Adjudications (YO) • Criminal court (-19) • NOT a conviction -------------------------------------------------------------------------------- BUT Juvenile Offender (JO) • Criminal court (-19) • IS a conviction

  11. Strategies – Handling a Criminal Record • Correcting RAP Sheet Errors and Sealing Records • NY Law’s Requirement of Individual Consideration • NY Law’s Certificates of Rehabilitation (2 types) • Bonding Program & Employer Tax Credits • Preparation for Job Applications & Interviews

  12. RAP Sheet Errors RAP created if person is arrested and fingerprinted Over 87% of NY RAP sheets contain mistakes. • Grade (felony vs. misdemeanor is wrong • Charges are listed more than once • Disposition is not reported Why it matters • 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

  13. Sealing Records • Arrests not ending in Conviction Can be Sealed • Starting in 1991, automatically sealed • Convictions formostNon-Criminal Offenses Can be Sealed • Violation • Traffic Infraction • BUT Convictions for Crimes Can Not be Sealed • Felony • Misdemeanor

  14. NYS’ Corrections Law Article 23-A • Prohibits Most “we don’t hire offenders” policies • covers hiring & retention decisions • summary must be conspicuously posted and given to applicants • Applies to • public employers • public licensing agencies • private employers (more than 10 employees) • Requires individualized assessment of qualifications and

  15. 23(a) --- Individualized Assessment • age at time of the offense, any mitigating circumstances • seriousness of offense • time elapsed and record since the offense • rehabilitation efforts and outcomes • how the crime relates to the specific job or license

  16. 23(a) Employers’ Liability Concerns • Art 23-A provides some protection from “negligent hiring” lawsuits • By barring evidence of the worker’s prior conviction • If employer had followed Art 23-A in good faith

  17. Fair Credit Reporting Act Under the federal law • If an employer plans to take “adverse action” based even in part on a credit report, he/she must give the person – • 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

  18. NYS’ 2 Certificates of Rehabilitation • “Certificate of Relief from Civil Disabilities” • 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” • Multiple Felonies & any # of Misdemeanors • Waiting Period C,D or E felony - 3 years A or B felony - 5 years From Division of Parole

  19. Federal Bonding Program Encourages employers to hire “at risk” individuals • 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 • Does not cover poor workmanship, injury, work accidents, etc • Established in 1966, 99% success rate Free to employer for 6 months, no deductable • 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 elaine.kost@labor.state.ny.us

  20. Special NYS Rules • Unlicensed health care staff • NYS Dept of Health – state and federal record checks • Places serving alcohol • Waiver is available from NYS Liquor Authority • Commercial Drivers License • Hazardous Materials Endorsement

  21. 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

  22. 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

  23. 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

  24. Assistance >>>> Preparation • Advocacy Organizations • HIRE, Legal Services, Public Defenders, Prisoner’s Rights • Veterans Organizations • vets who are lawyers may help “pro bono” (free) • Google / Bing, etc “expunge New York criminal records” • private lawyers who will provide representation for a fee • A lawyer helps but isn’t required, preparation is . . .

  25. Job Applications & Interviews • Prepare to handle the criminal record question • Do not leave application question blank or say “will discuss at interview” • Do practice interviews (vets in that business) • Answer what is asked truthfully, and know • Differences – Crime (felony, misdemeanor) vs. Non – criminal offense • Conviction includes suspended sentence, probation, fines, etc. • Give a summary of what happened • Be brief, accept responsibility

  26. Job Applications & Interviews (cont.) • Fully explain what’s changed & provide documentation • Military service • Rehabilitation / treatment • Education / work • Community service / church involvement • Provide Federal Bonding information • State coordinator’s name, phone and email • Program form and description • If not hired, send a letter recounting the above

  27. Economic Independence Programs • Self employment assistance • Business plan development, financial consultation and training -- from experts • For more information • Start-Up NY • Syracuse University, Burton Blatt Institute • http://bbi.syr.edu/projects/startup_ny/ • Entrepreneurship Bootcamp for Vets with Disabilities • SU’s Whitman School of Management and 5 other universities • http://whitman.syr.edu/ebv/

  28. Economic Independence Programs • New York Makes Work Pay • SU’s BBI, Cornell, New York State • Customized Employment • Benefits Management, Tax Assistance, Individual Development • Financial Literacy • http://www.ilr.cornell.edu/edi/nymakesworkpay/index.cfm

  29. Slowing the “Revolving Door” Programs • Human services - criminal justice collaboration • agencies often struggle serving many of the same people • employment a key element in recovery • http://mentalhealth.samhsa.gov/cmhs/CommunitySupport/toolkits/employment/ • Diversion • getting people into treatment services • SAMHSA funds a range of program models (800) 311-GAIN • National GAINS Center http://www.gainscenter.samhsa.gov/html/

  30. Positive Signs • Ban the Box Ordinances – public employment • Eliminate “Have you been . . . “ from job application • Minnesota, San Francisco, Chicago, Baltimore New Haven, Portland • Some extend to contractors • State Initiatives • MA bill shortens waiting periods to seal records - Governor supports it • Federal “2nd Chance Act” – new national policy • Successful reentry is in the public interest

  31. The Reality • Escaping criminal justice involvement – possible, but difficult • Making the effort can have significant benefits

  32. Frank McFarren

  33. Unique Auto Body Whitehall, NY (518) 642-2945

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