Transitions and transformations....

                                                    
"What lies behind us and what lies before us are tiny matters compared to what lies within us."        

----    William Morrow

This quote made me think of someone I've been working with.  She's going to be released next week and we met for the last time today.  

As we talked in a small visitor's room,  I could see two other women being processed into the jail.  The deputies told them to put their money, their bras and other belongings in plastic bags.  One girl stood nervous and mute in a faded sweater and jeans, another, a redhead, sat in a corner chair doing her best to seem in control.  She bantered with the deputy up to the point where she almost got in trouble, wished another lady a cheerful good luck as she was sent to her cell, and generally carried on like she was at a party.

It made me realize how far the young woman sitting across from me had come.  She's spent nearly two years in detention here at an age when many people are still trying to figure out what they're going to do with their lives. She's been shamed, treated well, treated badly, endured discomfort and disappointments and even some happy moments, but most importantly when you talk to her you can tell she's learned -- a lot about the world and herself. I've seen it in the way she's reacted to setbacks and how focused she's become about her future -- and how realistic.  She knows she faces challenges.  She knows she has a lot of work to do and tough times ahead.  But she also has a plan.  Multiple plans, in case one doesn't work out. She's done the research, asked the questions.  She has  family and friends to support and inspire her (and realizes how fortunate that makes her). She also  has a list of agencies and people she's met along the way who are willing to help and she plans to take advantage of it. 

But most importantly, she seems to have the inner resources and the attitude to move forward with her life now.

I wish her -- and everyone in her position -- the best of luck.  Change never happens overnight, but it is possible.  And it's wonderful  to see the transformation.

How much do tax credits for employers help?

A recent article in the Wall Street Journal looked at whether the tax credits being proposed by President Obama will actually spur hiring.  Since employers make their hiring decisions based on business needs, there are questions as to whether these offsets would lure anyone who wasn't already planning on hiring.  As one employer noted: 

"Giving me a tax credit if I hire somebody? That's not a really big incentive for me," said Mark Sincavage of Sincavage Corp., a Blakeslee, Pa., commercial excavation company that employs four. "We need customers in the door."

Mr. Sincavage, who has laid off two workers during the downturn, said a credit of $3,000 -- the number he expects -- won't help if he can't come up with the rest of a new employee's salary.

It got me thinking about the tax credit employers receive if they hire ex-offenders.  Under current law, companies are entitled to shave $2,400 off their federal  tax bill in return for employing certain targeted groups of job seekers, which include former felons. A handful of states ,as noted here offer additional credits.   But most re-entry professionals I've talked to,say these credits on their own aren't much of a selling point.  As OAR's Nathaniel Harris( who talked about what employers are looking for  in an earlier post ) noted, "It's nice that it (the credit) is there, but it really doesn't help unless they were planning to hire the worker already."

How about the rest of you?  Has anyone had success using the employer tax credit as a selling point?  At what point do you bring it up?

What a Career One-Stop center can do for you

This week I  got a chance to visit the local Career One-Stop employment center  in Falls Church, VA.  It's one of the first places we recommend to ex-offenders, since these federally funded centers -- which are located in all 50 states -- offer a variety of services to help jobseekers.  I've spoken to the staff there on several occasions, but never seen the offices myself.  Fortunately, I had Manager Trang Montgomery as my guide, so I was able to get plenty of questions answered.

What can career one-stops do for ex-offenders?  Can they find me a job?

It's important to understand that these one-stop centers were set up by the U.S. Department of Labor to serve all people looking for work.  Shelves on one wall hold information for people returning to the workforce, laid off workers, young workers and even people looking to start their own business, so they don't specialize in ex-offenders or any kind of jobseeker.  ""It's important to have the right expectations when you come in," Montgomery  says. "We don't want people to get disappointed. We can't just make a call and get you work. But we can help you in your search and provide the resources."

What resources does the center provide?

The center has three counselors on staff who can answer your questions and assist you in your job search.  There are also workshops on such things as resume writing,  interviewing and  filling out an online application, as well as information about job fairs and other employment-related events.  The office itself has the feel of a library.  It's got desks, tables and a quiet corner stocked full of books, research materials and other information on jobs, training, educational programs and finding employment. I counted at least 12 computers, including one offering special access for the disabled. You can reserve computer time by signing up at the front desk. When I got there at 10:30 and most of the computers were being used, but at that point at there were only a couple of names on the waiting list. There are also copiers and a fax machine that can be used free of  charge for job-related tasks.

Do I need an appointment? 

The center is open M-F from 8:30 to 5:00 p.m. and you're free to just walk in.  There's a receptionist out front to assist you with questions, and there are computer terminals immediately to the left where you can enter your name and information as well as the services you are interested in.  If you'd like to see a counselor you are required to sign up for an appointment -- these are first-come, first-served and based on availability.  If you show up at 2:00 and there's already a long waiting list, it's unlikely you'll be able to see someone that day.  More intensive counseling is available on a limited basis, but typically only for low-income individuals and Montgomery notes there's a long wait to see a caseworker.

You are welcome to stay at the office as long as you want for research and job-related activities, including using the phones for setting up interviews, printing out resumes and making copies, even faxing information to employers. The only requirement is that you conduct yourself as you would in any business environment and are respectful of the other jobseekers there.

Are there places where I can get more in-depth counseling from someone who understands the challenges faced by people with criminal records?

Yes.   OAR and other community-based groups that work specifically with ex-offenders, are often the best place to start, notes Montgomery.  These organizations are more likely to have the funding to work with you in depth.  In Northern, VA, for example, OAR conducts workshops and will assign you a caseworker to assist you in your employment search.  These groups often have contacts with sympathetic employers who will give you a chance.   That said, it still pays to cast a wide net, which makes stopping by a Career One Stop center a good idea.  Through Virginia-based Skillsource, which runs the center, there is an Offender Transition Initiative, which works with employers to find workers seeking a second chance. 

Can the Career One-Stop provide me with a list  of employers who hire ex-offenders? 

Yes and no.  While walking around the office, I did in fact, find a handout featuring employers who have hired ex-offenders.  But Montgomery recommended caution in relying on it.  First, just because a company was open to hiring one ex-offender doesn't mean they make a practice of it.  Second, these lists can become quickly outdated.  It's better for you to work on getting an employer interested in you for your skills first and then hopefully the business owner will be willing to overlook your background.

I'm looking to start my own business.  Is there any assistance the center can give me?

Yes.  Counselors can point you to resources you in setting up as small business.  In fact, a new program being piloted by the U.S. Department of Labor works specifically with budding entrepreneurs.  To qualify you must be at least 45 years old and have a business idea.  If you are selected for the program, which is done randomly to meet federal requirements, you will receive assistance developing your business plan, learning about regulations and obtaining licenses to start your business. So far 35 people have gone through the program and a handful have developed successful businesses.  One of them, according to Montgomery, was an ex-offender.

I tried one of these places before, but got nowhere.  Why should I bother?

Finding a job is a numbers game and it's largely about persistence, whatever your background.  The more people who know you're looking, the better your chances.  So why not give it a shot. What have you got to lose?

Tis the season for employment agency scams

I answered this question recently on another forum and thought it was worth revisiting here:

Q: Has anyone ever heard of the company called E1 Employment Services? They place ads for jobs in local papers but have a $185 fee for you to get a job through them. Is this a legit company? I called the number today for a job listed in distribution and the lady told me to come in tomorrow with a money order or credit card to sign up with them. She explained that this was a 1 year fee and that is all I pay. They guarantee they will find me a job in my field. She also told me if I wanted to donate some non-perishable food items, they would deduct $10 off my fee. What do you think? Should I try this or does it sound like a scam to you?   Zachlarry in Gray, Maine.

A:  I'm not familiar with this particular company, but I'd steer clear.   Guarantee or no, you should never pay employment agencies to get you work.  These firms are typically  paid by the companies that are hiring.  But just to be sure I checked with Barry Asin, president of Staffing Industry Analysts, which follows the employment placement industry.  Asin said he has no doubt that there are going to be "fly-by-night companies out there preying on desperate individuals now and that this sounds like one of them.  "No legitimate staffing firm out there is asking individuals for money to place them," he said.  The same thing goes for companies that say they can find you a job if you have a record.  So if a business agency wants money first, just say no.  You'd be better off revisiting your local one-stop career center or community agencies in your area.  You can check them out here.    This article also offers a good run-down on scams to avoid. 

Anyone out there have a different experience?

And what are you thankful for?

I'm thankful for stories like this one that demonstrate that sometimes things do work out and people do get second chances.  Mario Rocha served 10 years  in prison for a  murder he didn't commit, but got out in 2006. Three years later, he's a freshman at  George Washington University studying writing. 

I'm thankful that in his case people like sister Sister Janet Harris who discovered his talent in the juvenile hall writing program and  doubted he was a killer. Ditto  the attorneys at Latham and Watkins who worked on  his appeal pro bono and were open-minded enough to understand a conviction doesn't make someone "bad."

I'm thankful that there are people working in re-entry programs like OAR, and  in community service or addiction treatment to help people get back on their feet again. I'm also thankful that there are business owners who need good employees and are willing to give someone with a record a second chance.

And I'm supremely thankful that so many of the ex-offenders I've worked with have been willing to take responsibility for their pasts and do the truly hard work to turn their lives around.  It's been inspiring to see the changes people have made in their lives.  And I know I'll see much more.

Happy Thanksgiving!

Expungement alert: more seeking to wipe out convictions

If  you've every considered trying to get an expungement, you might want to check out this article in today's Wall Street Journal.   Apparently, a tough job market combined with the fact that the vast majority of exmployers now do background checks  is prompting more ex-offenders to try to clear their records.

I'm still not sure I'd recommend this route, unless you've got the most minor of convictions and were charged in a more lenient state.  (You can check out the rules for your jurisdiction here ).  As the author rightly points out, sometimes even after you go through all the hassle and cost to get your record cleared, employers can find out about it  in other ways: through  arrest records, police reports, news stories and even, sadly, Google. 

That said, the article contains some data worth remembering:

 Background checks have become more commonplace in the years after the Sept. 11 terrorist attacks, and cheaper. More than 80% of companies performed such checks in 2006, compared with fewer than 50% in 1998, according to the Society for Human Resource Management, an association of HR professionals.

And this: 

Even 10 years ago, background checks tended to be cursory or expensive. Now, database providers can quickly access information from the country's approximately 3,100 court jurisdictions, charging $10 or less for simple checks.

There's another great reminder in the piece about why honesty about your record -- as painful as it is, and no matter how long it's been -- is still the best policy. One man, arrested more than 20 years  ago on a questionable assault charge, didn't disclose this on his application and was denied work after his record was discovered in a background check.

"If someone has a criminal history, we can work with them," said the company's general counsel Mike. Lehman. "But if they have one and lie to us, that's pretty ominous."

What's most interesting to me: the  fact this issue has come to front burner precisely because people who have been working for years -- some  at jobs they got  before background checks were so universal  -- are only now finding their records coming back to haunt them. That these are ex-offenders with steady work records, who really have put their pasts behind them and lived productively until the economy tanked, could be good news.  It shows that people can change and could lead to greater sympathy and reform.
Not unlike the renewed focus on discrimination that I wrote about here.  As a side note, it's interesting the WSJ poll seems to be running 2 to 1  in support of non-violent ex-offenders being granted expungements.

What do you all think?

Reining in background checks

Given that Americans tend to go for extremes, you knew tons of people would have to have their job prospects quashed by employment background checks before something would change.

Now it appears we might be getting close to that point. Why? Ten percent unemployment means more people looking for work and finding that even arrests or convictions far in the past can come back to haunt them.  Some recent articles (here , here and here), plus conversations I've had with legal and regulatory folks suggest that sympathy may be tilting towards the re-entering job seekers.. 

The EEOC, for example,  is "much more interested in focusing on the effect of criminal records on employment," says EEOC assistant counsel Carol Miaskoff. "To the extent that issues are front burner here (at the agency)," she continues, " this one is." So far this year, the agency has brought two major cases:

• On March 26, the EEOC settled a case against Franke Foodservice in which the company had not hired a black applicant who disclosed a felony conviction on his record even though it hired a white applicant who made a similar disclosure a year earlier. 
• More recently, on October 1, the EEOC filed a case against Freeman Companies, a Baltimore-based events and convention planner, charging that the company had engaged in "a pattern or practice of unlawful discrimination by refusing to hire a class of black, Hispanic or male applicants across the United States.

Civil rights law doesn't specifically protect people with criminal records, of course. But the  EEOC has found that policies that exclude individuals based on arrests and convictions that have nothing to do with the job may have a disparate impact on certain populations and therefore constitute discrimination.  So in the Freeman Companies case, for example,  barring people with criminal records from employment was determined to be illegal as it would have more impact on blacks and Hispanics.

Miaskoff was barred from talking about ongoing investigations, but emphasized the if there is proof of systemic discrimination the agency isn't afraid to pursue it. While ex-offenders shouldn't get their hopes up, because these things take awhile, this is not "fantasy."

The EEOC is currently working on new guidelines for employers, as a follow-up to a meeting late last year.
Gabrielle Delagueronniere with the  Legal Action Center in Washington, DC. also recommends individuals encountering discrimination check with the specific laws in the city of state where they live.  Some states such as New York and Wisconsin specifically ban discrimination  based solely on a criminal record, except in cases where the charge is substantially related to the job. For more information check out LAC website, or regulations in your state here.