New Report on Promoting the Hiring of People with Criminal Records Highlights States’ Efforts
Date:  12-02-2011

Creation of new laws designed to secure a better chance for formerly incarcerated persons to obtain employment
The Sentencing Project, the National Employment Law Network, and the H.I.R.E. Network have collaborated on a new report, State Reforms Promoting Employment of People with Criminal Records: 2010-2011 Legislative Round-Up, which offers information on laws that were passed in an effort to help those with criminal histories have a better chance of finding a job. The report also highlights state trends, and acts as a supportive guide for lawmakers and others seeking to find ways to make the transition from prison to the community more successful.

The Sentencing Project offered the following highlights of the report:

• Three states (Connecticut, Massachusetts, and New Mexico) have adopted “ban the box” policies that address at what point an individual’s criminal record may be revealed in the hiring process.

• Two states (California and Delaware) promoted the rights of workers by, respectively, ensuring certain workers subject to criminal background checks have the right to appeal inaccurate records and by expanding the accessibility of waiving a disqualifying offense.

• Two states (North Carolina and Ohio) passed laws that create “certificates” that are demonstrative of an individual’s rehabilitation and thereby, reduce employment sanctions and disqualifications.

• Thirteen states (Arkansas, California, Colorado, Delaware, Indiana, Louisiana, Mississippi, North Carolina, Oregon, Rhode Island, South Dakota, Texas, and Utah), recognizing that old, minor offenses can plague job seekers years later, took steps to allow the expungement and sealing of a number of records of low-level convictions.

• Five states (Colorado, Kentucky, Nevada, New York, and Virginia), created new rights for workers to more easily access identification documents and other information needed to secure employment.

• Three states (Colorado, Massachusetts, and North Carolina) adopted laws, in conjunction with other reforms, which limit liability against negligence lawsuits of employers who hire people with criminal records.



The Sentencing Project would like to connect with other individuals or organizations working on state policy reform. The Sentencing Project’s State Advocacy Coordinator, Nicole D. Porter can be reached by email at nporter@sentencingproject.org.

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