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JOB DEVELOPMENT
FOR PEOPLE WITH
CRIMINAL HISTORIES
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What is the Issue?
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According to CareerBuilder.com:
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65 million Americans
Over 5.6 million Americans—nearly 1 in 40 adults
Almost 4 million
have some variety of criminal offense record.
were in prison or had served time there
were under supervision in the community— probation or parole.
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90%
10%
EMPLOYERS USING BACKGROUND CHECKS
Use Checks Don’t Use Checks
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Overview of Offender w/ I/DD
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More Likely To….
Plead guilty to original charges
Spend more time incarcerated
Be denied parole
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Laws & Lingo
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ADA
• Americans with Disabilities Act provides civil rights
protections for individuals with disabilities in
employment, public accommodation, government
services and transportation
• Title I provides protection in employment practices
of private employers with more than 15 employees
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ADA
• Employee still has to be qualified for the job
• Employer does not have to give preference over
another applicant
• Applies to private and public employers
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Definitions
Felony – Crimes punishable by at least one year of prison time. In New Jersey, indictable offense or crime.
Misdemeanors – Less severe charges punishable by a fine or jail time less than one year. In New Jersey a disorderly persons or petty d.p. offense.
Pre-Trial Intervention (PTI)- A program that diverts certain offenders from the ordinary criminal justice process.
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Pre-Trial Intervention (PTI)
• Must be first indictable offense
• Facts of the case are taken into consideration individually
• Desire of victim to forgo prosecution
• During PTI supervision charges are “inactive”
• After successful completion of PTI the complaint, indictment or accusation will be dismissed with prejudice
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Conditional Dismissal Program
• Municipal Courts also have a PTI program called the
Conditional Discharge program
• For first offenders charged with certain disorderly persons
offenses
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Expungement-NEEDS
UPDATE
• Expunging- the extraction and isolation of all records on file concerning a person’s detection, apprehension, arrest, detention, trial or disposition of an offense within the criminal justice system.
• A full guide describing how to expunge your criminal record is available on-line at www.judiciary.state.nj.usor www.njcourtsonline.org
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New Expungement Statute eff.
3/2017
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New Expungement Statute
• Reduces the waiting period for disorderly personsoffenses (misdemeanors) from 5 to 3 years
• Reduces the waiting period from 10 to 5 years for Crimes
• When everything is complete except the 10 year time, including penalties and fees are paid
• At least 5 years have gone by
• Person unable to pay fines due to compelling circumstances
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Eligibility for Expungement
Indictable Offence
≥ 6 months jail time
1 in ANY state
5
Years
6 months from PTI
end
D.P.
< 6 months jail time
> 2 after the
Indictable Offense
3 Years
Municipal Ordinance
1st
Offence
2 years
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Conviction
Wait to
Apply
Ineligible
after
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Not Eligible for Expungement
• Not Guilty by Reason of Insanity (NGRI)
• Convictions which may not be expunged
• Murder
• Any Megan's Law Offence
• Perjury
• Kidnapping
• False Swearing
• Human Trafficking (new)
• Selling or Mfg. child pornography (new)
• Robbery
• Conspiracies or attempts to commit such crimes
• No Motor Vehicle including DUI
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Arrests
• Arrest information can always be expunged
• Ensure that people do expunge arrest information
that did not result in a conviction.
• Contact County Clerk’s Office or go on
njcourtsonline.org to check. Never assume that the
dismissal is enough.
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Getting criminal records
• Have the person sign a Release of Information
• Contact the municipal or county court where the offense occurred
• Criminal Case Management
• Contact Info at www.judiciary.state.nj.us
• www.njcourtsonline.org
• Ask person you are working with for information on past history with: Pre-Trial Intervention, Expungement, Case Dismissal
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Convictions Only
• Employer should only be considering matters that
result in a conviction
• At least one-third of felony, or indictable, arrests do
not result in a conviction
• Background checks often include inaccuracies
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BAN THE BOX
• Refers to statutes which seek to “ban” the “box”
found on job applications for applicants to check if
they have a criminal conviction
• More than 14 states and many municipalities have
passed similar bans since first passage in 1998
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• Statutes only prohibit a private employer from
inquiring about criminal history UNTIL a conditional
job offer has been made
• Offer can be revoked if the offense is deemed
relevant to the job
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In New Jersey
• On March 15, 2016, Opportunity to Compete Act was passed
• Applies to any employer employing 15 or more employees
• Intent of the statute is to give employees a fair shot at an
initial interview without having to reveal criminal history
• Employer can ask about criminal background, just not on the
application or during initial interview
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Parole Supervision for Life
• In addition to registration and notification
• Mandatory sentence for some offenders convicted of
certain sex offenses—Not all persons subject to
registration and notification are on PSL
• Does not apply to juveniles
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Parole Supervision for Life
• Individual will have a parole officer
• List of conditions to be met
• Only aspect of “Megan’s Law” that impacts on a
person’s living arrangements and employment
situation
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Development
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Consumer Developer
Employer
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Know your Jobseeker
Know the Barriers
Choose the Direction
Have Patience
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Discussing Criminal History with the
Jobseeker
• Have you ever been arrested before? If so, for what?
• Where did you go to court?
• Did you have a Probation Officer? Parole officer? Explain.
• Have you ever been to jail? If so, Where? Why? When?
How long?
• Do you have any documentation?
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Tips during the Interview
Make a good First Impression
Know the Culture
C.P.R.
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C.P.R.
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Provide ContrastC:
P:
R: Redirect to Benefits
Stay Positive
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C: Provide Contrast
• When someone asks about a criminal history:
• Focus on what you’ve learned
• Include any actions taken toward rehabilitation
• Classes, earned a degree, other experiences that make
you an asset to the business
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P: Stay Positive
Anticipate Doubts and Judgements
(Mis)Perception > Reality
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R: Redirect to Benefits
Employers usually have three concerns when hiring:
Will this hire fit in with my people?
Will this hire fit our existing processes?
Will this hire increase our productivity?
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The Application
What can they ask?
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Arrests and Criminal Convictions
• After March 1, 2015, employer with 15 or more employees may not ask about an applicant’s criminal history until after the initial interview
• Exceptions:
• Job is in law enforcement, corrections, the judiciary, homeland security, or emergency management
• Where a criminal record background check is required by law, rule, or regulation and where an arrest or conviction may preclude the applicant from holding the position
• Position is part of an effort by the employer to hire persons who have been arrested or convicted of a crime
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Have you ever been
convicted of a
Felony?
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Do you have a
criminal record?
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Do you have a parole
officer?
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But, I Still Get These Questions!
• Why?
• Report your finding to the EEOC, advocacy groups, the HR department for that Business
• If possible, do not answer it
• If you must answer, how do you answer it?
If legally they can’t ask the question…..
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ADA COMPLAINTS
• Complaints can be filed with federal agencies such as
the Division of Civil Rights, US Department of
Justice
• Complaints can be filed with state agencies such as
the Division of Civil Rights, NJ Department of Law
and Public Safety
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Other Complaints
• Complaints of possible violations of the statute can
be made to the Department of Labor and Workforce
Development
• There is a complaint form at their website
• The statute does not provide for a private right to
sue-recourse is to file complaint with Department of
Labor
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Tax Credits
• The Work Opportunity Tax Credit (WOTC) is a federal tax
credit to reduce the federal tax liability of private for profit employers to
be used as an incentive for employers to hire individuals from eight
different targeted groups: TANF recipients, veterans, ex-felons,
high risk youth, summer youth, Food Stamp recipients, SSI
recipients, and vocational rehabilitation referrals.
www.nj.gov/labor/
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Manager Feedback
• 31% of hiring managers recommended volunteering
• 68% percent of hiring managers recommended
being up front and honest about the conviction and
stress what was learned from it.
• 48% percent of hiring managers recommended
being willing to work your way up.49Career Builder 2012
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Resources• NELP.org
• NJLEG.gov
• DRNJ.org
• iseek.org
• hirenetwork.org/content/new-jersey
• Expungement -Legal Services of New Jersey hotline: 1-888-
LSNJ-LAW or 1-888-576-5529
• Expungement-Volunteer Lawyers for Justice (973)645-1955
• EEOC: 1-800-669-4000 or [email protected]
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QUESTIONS ??Jessica S. Oppenheim, Esq.
Director, Criminal Justice Advocacy Program
The Arc of New Jersey
732.246.2525 [email protected]
Wesley E. Anderson
Director, Training & Consultation Services
The Arc of New Jersey
732.609.7022 [email protected]