Joseph Wright
Dr. Light
English 102
15 October 2012
Equal Treatment for Those with Criminal Histories All states should require equal treatment for all individuals with criminal records and the expungement of criminal histories for non-violent offenders after a certain period of time in order to reduce employment discrimination and the unemployment of qualified individuals.
With the great proliferation of technology in today’s society, it is very easy for employers to obtain almost any information they desire regarding an individual or potential employee. Because this information is so easily obtain, more employers are now requesting background checks for potential hires.
The need for background checks is clearly a valid one; however, in many instances employers are not looking beyond the fact that an individual has a criminal history. There are many times when an individual is arrested and charged, but not convicted of a crime. Employers are not even bothering to look any further in lots of cases. To make matters even worse, a great many of employers that use temporary employment services or recruiting agencies don’t even see the application as it is never forwarded to them once the agency discovers the individual has a criminal history. This denies many individuals, who are otherwise qualified, the opportunity to even be considered for the job.
In his article, A fair shot at a job, Brent Staples states, “The United States Equal Employment Opportunity Commission ruled twenty-five years ago that it was illegal under the Civil Rights Act for companies to exclude people from employment based on arrest or conviction records—unless there was a compelling business reason”(10)(L).
According to a startling 2011 report from the National Employment Law Project, an advocacy group, about ninety percent of companies are using criminal background checks in hiring decisions and about sixty five million people have criminal records. The group found that companies of all sizes routinely deny people with records any chance to establish their qualifications, even for entry level jobs like warehouse worker. These blanket exclusion policies flout the E.E.O.C. rules. They also ignore research showing that many offenders who stay out of trouble for even a brief period after their original crimes present little or no risk to employers. (Staples 10(L))
The disregard of the Equal Employment Opportunity Commission’s rules has a direct impact on the unemployment rate and recidivism rate in the United States. The inability of those individuals with criminal histories to find and maintain gainful employment drives up the unemployment rate and increases government dependency. In many instances, because these individuals are unable to find employment they return to the very acts and lifestyles which caused them to have criminal records to begin with. Many of these people have obtained their General Education Diplomas and some have gone even taken college classes and received their college degrees while they were incarcerated. All in hopes of changing their lives once they are released.
When these individuals return to society, many are looking forward to becoming productive citizens and leaving their criminal lifestyles behind. They don’t realize the obstacles they will encounter in their efforts to integrate themselves back into society. As stated in, Out of Prison, and Facing Job Discrimination, “Now that one in 100 American adults is incarcerated, one in 100 Americans will also face discrimination as he or she looks for jobs when released from custody.”(New York Times 5 Mar. 2008)
“It is a sad truth that while employment has been proven to lower the risk of recidivism for people with criminal records, the stigma of having a record continues to punish people – and their families – long after they have finished their sentences.”(New York Times 5 Mar 2008)
Our current legal system, doesn’t allow these individuals to reenter society and move on with their lives as free productive American citizens. Individuals with criminal convictions are often denied housing, food assistance and even financial aid for college. To deny an individual the opportunity for an education is a true travesty!
If someone commits a crime and is convicted; completes his sentence, there should be no reason he is denied assistance in becoming a contributing member of society and the opportunity to better his station in life. The purpose of incarceration should be the true rehabilitation of those individuals.
That is not the situation in a great deal of cases. Once an individual has been convicted, in most cases, his or her criminal history will haunt them forever. Our society only allows for the expungement or the sealing of criminal records in very few instances.
With over sixty five million adults is in the United States with criminal records, something must be done to alleviate the prejudice facing these people. For those convicted of non-violent felonies or misdemeanors and have remained out of the legal system for a specific period of time, their records should be sealed and/or expunged. This would allow them the chance to improve their situations and move on with their lives as law abiding citizens.
There are those such as Governor Nikki Haley who vetoed a bill that would have allowed many South Carolina criminals to hide their law-breaking records from prospective employers, schools, youth groups and even law enforcement investigators. The bill, H. 3127 was passed earlier this by large majorities in the House and Senate. In her veto message, Governor Haley called Rutherford’s bill overly broad. “As the bill stands, persons convicted of crimes like hit-and-run, child abandonment and dealing drugs would have the opportunity to erase their criminal records,” Haley wrote in her veto message.(Monk) For those who oppose the expungement of criminal records their argument is generally that we need to protect our children and adult service industries from these people. They feel the public has a right to know. I agree that there are certain crimes that should not be expunged or sealed from public view; however, these should be those of a violent nature. Someone convicted of breach of trust poses no real threat to a three year old in childcare. The people opposing expungements say these people knew what they were doing was wrong and they should be punished for their crimes, and I concur, but a 12 month sentence for marijuana possession shouldn’t be a lifetime sentence.
Hawaii’s Judiciary proposed a plan to seal expunged records. "This proposal is an affront to the public's right to an open and transparent judicial system,” wrote Ed Lynch, managing editor at the Honolulu Star-Advertiser. “This rule proposal would make the state judicial system less accessible and transparent to the general public at a time when it should be striving to be more open.” (Ed Lynch)
“The sealing of the wrong documents could mean the public wouldn’t have crucial information in deciding whether someone is fit for office or appointment or whether a government agency did its job in vetting, hiring and promoting employees,” wrote Stirling Morita, president of the Hawaii chapter of the Society of Professional Journalists. (Stirling Morita)
The public has the right to know what is going on or happening in its community, but these individuals also should have the right to move on with their lives. Once he or she has paid their debt to society they should be afforded every opportunity to succeed in this country. Just as all other American citizens have the right to privacy as protected by the United States Government so should those with criminal records.
There are certain instances, situations or crimes which should disqualify an individual from being allowed to have his criminal record expunged and sealed, but I believe this should pertain to crimes of a violent nature. Those convicted of non-violent offenses, felonies and misdemeanors should be allowed to have their criminal records sealed and expunged after completion of their sentences and a specified period of time has passed.
This country was built on second chances; we are supposed to be a forgiving people. We have reached a point in our society where we feel the need to know everything is more important than our obligation to help our brothers and sisters. Everyone with a criminal record is not ready to reenter society and live a law abiding life, but I believe there are more of them that would welcome a second chance and that are ready to grab the bull by its horns and wrestle to the end.

Works Cited
Lynch, Ed. Honolulu Civil Beat. 26 Sept 2012. 11 Oct 2012.

Monk, John. "Veto of SC criminal record expungement bill stands." The State (20 Jun 2012). Web Wed 20 Jun 2012.

Morita, Stirling. Honolulu Civil Beats. 26 Sept 2012. 11 Oct 2012.

"Out of Prison and Facing Job Discrimination." New York Times (5 Mar 2008): (L). Web 9 Oct 2012.

Staples, Brent. "A fair shot at a job." New York Times (2012): 10(L). Web 9 Oct 2012.