Plus and Minus: Ban the Box Law
What is "Ban the Box"? From Wikipedia: Ban the Box is the name of an international campaign by civil rights groups and advocates for ex-offenders, aimed at persuading employers to remove from their hiring applications the check box that asks if applicants have a criminal record. Its purpose is to enable ex-offenders to display their qualifications in the hiring process before being asked about their criminal records. The premise of the campaign is that anything that makes it harder for ex-offenders to find a job makes it likelier that they will re-offend, which is bad for society.
Plainly put, it allows individuals with criminal backgrounds to be seen as equals with their non-felon counterparts when applying for jobs. It simply seeks to remove the "Are you a convicted felon" check box from applications.
Plus: It truly does allow an individual to be seen based solely on the merits of their work history and skills that they can bring to the table without the stigma of a conviction causing their application to be dropped directly into the slush pile.
For many with criminal backgrounds, frustration stems from the fact that they can't even seem to land an interview because they are truthfully answering a disqualifying question. With the proposed banning of this checkbox, employers are guaranteed to at least lay eyes on a resume and see the qualifications of the individual.
Minus: While on the front end this is a huge win for those with criminal backgrounds, who have paid their debt to society and are ready to re-enter society and make right, it also sets them up for disappointment just slightly further into the process.
At what point do applicants come clean about their past? If the prospective employer doesn't run criminal background checks as part of an offer of employment, then no harm/no foul. If, however, a check is run and an offer is contingent upon a clean background, it could signal the end of the road for those with convictions on their record. It would be a detrimental blow for an individual to have come so far into the process only to be turned away at the eleventh hour. Additionally, with the Ban the Box law implemented in some states already, will we see higher instances of background checks being run to compensate for employers not being able to ask the question on the front end?
Is it better have the box and know where you stand as an applicant up front, or ban the box and get cut from consideration well into a promising process?
Cynthia Brackens Jones, I do not know the details of your situation, but you should find out from the Court Clerk of the nearest State Court to you, (no matter what state you live in) whether or not there is a court process for people who got arrested and convicted for an offense once ten or more years before, but never got in trouble again to have the record expunged, erased by the court. You can probably find out from a criminal defense attorney in a fifteen minute consult for free, but make sure ahead of time whether or not you will be charged for an initial consult and what the fee would be. The other route is to go online to your State Criminal Statutes or Penal Code website and search for how a criminal record can be expunged. I was a State Trooper in CT for 24 years and the law there afforded someone with an old record (at least ten years before) who has stayed out of trouble ever since, to apply to the court to have it expunged. There will be at least one hearing and you should be prepared to testify to the judge what you have done with yourself since the arrest and conviction - continued education either getting a GED, college, trade school, and skill certifications, any jobs at all no matter if seasonal, part-time or full time, volunteer work of any kind, extent of your efforts to find employment. Any involvement in church, synagogue, temple or mosque attending services, fundraising, teaching religious classes, etc. It is not usually a very difficult process unless you were involved in something like a high level classification of a felony. Even a few repeated mistakes during your teens can be expunged. If the judge orders the expungement, he or she should also tell you that along with the record expungement, you no longer are required to reveal that arrest to anyone, it is like it never existed, never happened. Good luck.
This is a tough one and not easily answered. What I gathered is that whether the "Ban the Box rule" is implemented or not, there will continue to be prejudice. I do however believe it should not be banned because at least, convicted felons will be able to get an initial interview if chosen and improve their interview skills.
I'm in the process of looking for a job now and it's hard. I have made a mistake in 1989, and paying for it still today. I have many skills that will benefit which ever company that gives me a chance like everyone deserves. I know and realize the cost of training but give me a chance to fail (not that I will) don't just assume I am not capable of succeeding. Thanks for this article.
In hawaii you are not allowed to ask unless you are offering the job to the somebody
Finally something is being done to help people facing these issues find work!!!!! Pro's or Con's it's a step... hopefully more can get done to allow access to another chance. TY
I like the fact that the law gives me the chance to show managers that I'm qualified to perform the job as opposed to many of the experiences that I have now where the door gets automatically shut in my face when they see that damn box checked off. This is a serious issue. I wasn’t able to find meaningful work for a long time so I decided to take a bad job under table for now and enrolled in a career training program at the community college. Not too many options right now.
I honestly do think that people who have a criminal background deserve to get a second change. Even people with minor offense should get an opportunity for employment. As long the people with criminal background who serve time and come out wanting to do well in society should get a chance. That what I believe.
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