Life After Prison: Finding Employment After Incarceration

• The Society for Human Resources Management (SHRM) found that 92% of employers performed a background check on applicants in 2010.
• The National Employment Law Project (NELP) discovered that 65 million Americans possessed convictions that appeared in a background check in 2011.

• The federal Equal Employment Opportunity Commission (EEOC) holds that “widespread use of criminal background checks can have a discriminatory impact on minorities that is unrelated to the job or the needs of the employer to protect itself and its customers from an employee with a criminal conviction.”

• If the annual salary of the job being applied for exceeds $75,000, an employer can view an applicant’s entire adult criminal history back to age 18.
• Criminal records of minors are typically sealed, so an employer should not be able to find out about a conviction even if you are under the age of 25 and less than seven years from age 18.
• When applying for a job at an insurance company or a government agency (both state and local), the employer may look at your criminal history back to your 18th birthday.
• When applying for a residential delivery services (UPS or FedEx) or at-home/in-home services (plumber, electrician, handyman, landscaper, etc.) job, the employer must run a criminal background check that includes history on the last 20 years for a felony and 10 years for a misdemeanor conviction or deferred adjudication involving domestic violence, theft or public indecency.

In general, you do not have to inform a potential employer about your criminal history if:

• An arrest is not currently pending or you weren’t convicted for a past arrest.
• You are currently undergoing pre-trial adjudication for non-criminal offense.
• A certain number of years have passed since you were convicted of a minor drug offense.
• You have obtained a certificate of rehabilitation, nondisclosure or expungement.
• You were convicted of a crime as a juvenile and are now an adult.

What about arrests?

While no law in Texas exists regarding whether employers can choose to hire an applicant based on their arrest record, the EEOC prohibits using arrests as a basis for employment decisions due to the fact that such policies often lead to discrimination against ethnic and racial minorities, who are more likely to be arrested. Also, an arrest is not proof that criminal activity actually occurred since a defendant is “innocent until proven guilty.”

Unfortunately, while employers should not uncover arrest records and arrests are not supposed to show up on a criminal background check, the reality is they sometimes do – and therefore it can unfairly play a role in the hiring decision.

• Be honest. Honesty is always the best policy if a potential employer asks about your criminal history. While telling the truth may prevent you from getting some jobs, honesty is the best way to ensure you can keep that position in the long run and build a relationship of trust with your employer.
• Ask around. Begin your job search by asking friends, family and personal connections if they are looking to hire or know of an open position. People who know you tend to be more likely to give you a chance despite a criminal record. You might also consider asking someone to write a letter of recommendation on your behalf to a potential employer.
• Start small. You probably won’t be able to land your dream job right after serving a prison sentence. Be open to taking temporary or entry-level positions to build your resume so that future employers can see your good track record.
• Be understanding. It can be really frustrating to be turned down for a job because of your past; however, try to be considerate of the employer’s point of view. They have the best interests of their customers and employees in mind and some employers (sadly) might be unwilling to give you a chance.

• Do research. Having certain convictions on your record may disqualify you from certain positions. Before you begin your job search, know which criminal offenses are on your record and how they are related to the jobs for which you are applying. Don’t waste your time applying for jobs like working for the government or with children if you will automatically be disqualified for these positions due to a prior offense. Also, know your rights regarding what employers are permitted to consider when asking about your criminal history.
• Read carefully. While it is important to be honest when completing a job application, you do not always have to disclose your history. For example, if the application asks if you were convicted of a felony, you don’t need to tell the employer about your misdemeanor conviction. Some applications only ask about convictions pertaining to certain charges (drug possession, sex offense, etc.). Be sure to read the application carefully and only mention your criminal history when you must.
• Seek help. Look into professional employment services (such as a “temp”or staffing agency) or nonprofit organizations that help people with criminal records locate jobs. One such organization is the Texas Workforce Commission. You may also consider contacting an attorney to explore the option of expungement or getting your criminal records sealed.

• Jobs for Felons in Texas – Forum discussion from an ex-felon looking for oil field jobs in Texas.
• Huffington Post: Life After Prison – Various accounts of people who have successfully rebuilt their lives after years of incarceration.

• Second Chances for Felons: List of companies in Houston, Texas that hire felons
• Prison Fellowship – Helping ex-prisoners find jobs.

Felony Franks

Problem – Ex-offenders are often discriminated against and even verbally abused because of the stigma attached to having a criminal record. In some workplaces ex-offenders are made to feel like second class citizens who are not trustworthy.

Solution – Felony Franks treats all employees and customers as equals, with dignity and respect as all people should be treated.

Source: Felony Franks

Recycle Force

RecycleForce helps ex-offenders break down the barriers to employment by providing transitional jobs for up to six months, as well as comprehensive services designed to get their lives back on track. The RecycleForce model offers program participants an integrated focus on jobs skills, character development and personal counseling. This “wrap-around” approach greatly increases the chance of sustained future employment and decreases the instances of re-offending.

Source: https://www.recycleforce.org/workforce-training

Drive Change

“Our mission is to use the food truck workplace to run a 1-year Fellowship for young people returning home from jail/prison so they can obtain preferential employment and educational opportunities.”

Source: Drive Change

Homeboy Industries

“Homeboy Industries serves high-risk, formerly gang-involved men and women with a continuum of free services and programs, and operates several social enterprises that serve as job-training sites.”

Source: Homeboy Industries: What we do