Racewire Blog

Seth Wessler

What stimulus could mean if it included the formerly incarcerated

Fourteen months ago, Vincent, a slim 46-year-old Black man with a youngish face and a pressed plaid shirt, worked as a maintenance technician in Detroit. He’d been with the company for almost three months, but five days before he would have become eligible for full-time hire and benefits, his employer ran a criminal background check, and told Vincent to pack up.

“A lot of times, they cut you out of the job before they hire you in [full time],” Vincent said, sitting at a diner near the temporary worker center where he waits for work from 8 am to 6 pm every day.

Vincent has had a few temporary jobs since but hasn’t found even a day of work in recent weeks. A breaking and entering conviction from 25 years ago follows him everywhere. “It’s real hurtful to know that your chances are so broke down to zero,” he said.

I met Vincent last month while traveling the country to explore the hidden impacts of the recession for my job at a racial justice think tank. Dozens of people told me how criminal background checks punish them indefinitely by imposing life-long barriers to successful employment and housing. The policies make reentry an uphill battle, negating the criminal justice system’s putative aim of rehabilitating prisoners. They also block our collective need to get people working in this economic crisis. Inequitable rates of joblessness and poverty are bad for all of us.

Millions of people leave jails and prisons every year and that number is about to grow. Citing unconstitutional health conditions, a panel of federal judges on Monday told the state of California to reduce prison overcrowding by 55,000 people, about a third of the total state prison population, over the next three years.

If the ruling holds up to appeal, tens of thousands of people, overwhelmingly Black and Latino, could return to their communities. But, like Vincent, these men and women will find themselves with no real chance of getting a job, having a place to live and supporting themselves – in short, the situation that Vincent is in.

The White House has appropriately put creating and saving jobs at the center of the stimulus plan. But for people with criminal records, the prospects of inclusion in the national recovery are dismal. It’s not enough to create a job when a quick criminal background check will result in so many people losing it or not getting it at all. Those with prior convictions will be excluded from the game before the starting whistle sounds.

Communities of color experience higher rates of joblessness. This is due in part to the damning mix of the stigma of having a criminal record, the assumption that ex-prisoners can never redeem themselves, the ensuing ban on public employment for people with felony convictions and the practice of employers doing background checks.

According to Princeton sociologist Devah Pager, joblessness among former prisoners after a year is somewhere around 75 percent -- three times the level among the same population before incarceration. The trend toward never-ending punishment, even after people have served their time, infects communities of color, especially Black people, with particular venom.

So why does it matter to white people in places like Orange County, California or Flint, Michigan that three quarters of formerly incarcerated people in places like Oakland or Detroit can’t get a job a year after prison?

Because racial inequity eventually hurts us all.

Consider, for example, the subprime mortgage crisis. It could not have occurred without a whole population of people of color whose economic and political vulnerability made them easy targets for exploitative loan products, which eventually spread out to other homeowners and took down the entire mortgage industry. And that kind of inequity is growing. In January Black and Latino unemployment was 12.6 and 9.7 percent respectively, compared to 6.9 percent for whites. Black and Latino poverty is close to 3 times that of whites. To get this economy moving again, we need people working, spending and paying taxes.

Fixing inequity is a prerequisite for constructing a healthy and just economy. As historians tell us, massive inequity preceded and contributed to the Great Depression. Removing concrete barriers to employment is one step in that direction. As we are implementing this stimulus plan, we should at the very least expunge the records of people with non-violent convictions, as the state of Illinois did in 2005. We should also severely limit employers’ rights to conduct criminal background checks, especially in situations like Vincent’s, whose employer routinely used them to keep the workforce temporary and insecure.

At the diner in Detroit, as the waitress dropped our check, Vincent said, “I look at myself every day that I get up and I actually wonder if it’s going to be the day that things totally fall apart.” It’s up to us to prevent that, starting with changing the rules that now sentence people to a lifetime of punishment.

Posted at 12:14 PM, Feb 11, 2009 in Criminal Justice | Permalink | View Comments


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The barrier to work is the most important to survive, and there are many more barriers that past felons try to overcome. I live in RI and individuals who have past felonies and who have been disenfranchised from the right to vote, a basic right, may now exercise that right here but what about other parts of the country. And this is only a first step. I myself am a single mother of four, full time Ivy League student (about to graduate) and living on assistance due to the inability to find work because I cannot pass a BCI due to a 16 year old charge. When can I show my children a positive work ethic, become a productive citizen who can contribute to the economy ans support my family? I am judged on a daily basis not for my triumphs but for one past mistake in my life. I can not even volunteer in my own children's schools due to this. How can I even be a full participant in my child's education.
We need to work on ways to successfully expunge records, change the way policing is structured by taking away incentives for arrests and tracking of individual offciers arrests. Also doing away with zero tolerance laws that take away discretion from, law enforcement, legal systems and judges. We need to try to reduce the arrest and incarceration rates, so the next generation will have a chance.

Posted by: Cherie Cruz | February 12, 2009 2:42 PM

The trouble with your organization ARCs platform is not addressed in this article. The best prospects that someone like Vince has is if the availibility of workers is limited so that employers are made to look more closely at likelyhood of recidivism not previous crime. If the people of the United States can not set the amount of immigrants coming in to the country people with histories like Vince has face increased marginalization. Right now where there is job growth any person can bring in undocumented. This is to the point that twenty million undocumented are competing for jobs of course then the sort situation Vince is in is going to happen.

Posted by: Richard Bond | February 12, 2009 3:12 PM

The barrier to work is the most important to survive, and there are many more barriers that past felons try to overcome. I live in RI and individuals who have past felonies and who have been disenfranchised from the right to vote, a basic right, may now exercise that right here but what about other parts of the country. And this is only a first step. I myself am a single mother of four, full time Ivy League student (about to graduate) and living on assistance due to the inability to find work because I cannot pass a BCI due to a 16 year old charge. When can I show my children a positive work ethic, become a productive citizen who can contribute to the economy ans support my family? I am judged on a daily basis not for my triumphs but for one past mistake in my life. I can not even volunteer in my own children's schools due to this. How can I even be a full participant in my child's education.
We need to work on ways to successfully expunge records, change the way policing is structured by taking away incentives for arrests and tracking of individual offciers arrests. Also doing away with zero tolerance laws that take away discretion from, law enforcement, legal systems and judges. We need to try to reduce the arrest and incarceration rates, so the next generation will have a chance.

Posted by: Cherie Cruz | February 12, 2009 4:34 PM

If you do the crime you desevre to pay for it. That is the choice you make yourself before you get yourself in trouble.

Posted by: Anthony | February 14, 2009 9:50 AM

Cherie, thanks for your additions and story. It’s an important one to tell and one that not enough people hear.

Richard, the claim that immigrants are stealing "real American's" jobs is not new and it is still unfounded. A couple of points. First, a lot of research shows that immigrants increase job competition within immigrant communities, not between immigrants and non immigrants. But more importantly, the problem is not that there are immigrant workers but, rather, that we allow immigrants to be treated as disposable labor without rights. That immigrant workers are largely unprotected means that they can be paid less, treated poorly and made to work in unreasonable conditions. And, as long as they can be treated that way, all workers, citizens or not, will face greater workplace insecurity. It is in the interest of all workers to make sure that immigrant workers are able to demand higher wages and better workplaces.
People like Vincent also belong to a category of worker who can be exploited; in his case because of his criminal record. People with records can be employed without benefits and with no job security as a perpetual temporary workers. Like with immigrant workers, allowing employers to treat people such as Vincent this way means that all workers are potentially more vulnerable. In this moment of economic crisis the answer lies in protecting workers who are most marginalized and raising standards and wages for everyone. The scarcity model just does not work. Even in times of massive unemployment, the marginalization of some workers will not mean more jobs for others but worse jobs for everyone.

Posted by: Seth Wessler | February 16, 2009 3:05 PM

Thanks for posting this article.

Cherie: You might be interested to know that there is an organization in Rhode Island called the Family Life Center where I work. We provide services exclusively for people returning from prison and their families including job readiness and case management, employment prep, and retention services. We also have a drop-in center with information and resources including computer classes, help with applications and paperwork, and a VITA tax preparation site. We also do policy and advocacy work in the state (including the Right to Vote campaign in 2006, referenced above) designed to reduce the barriers to re-entry.

Posted by: Heather Vail | February 17, 2009 7:45 AM

A “SINGLE VOICE PROJECT” is the official name of the petition sponsored by: The National Public Service Council To Abolish Private Prisons (NPSCTAPP)

THIS PETITION SEEKS TO ABOLISH ALL PRIVATE PRISONS IN THE UNITED STATES, (or any place subject to its jurisdiction)


The National Public Service Council To Abolish Private Prisons (NPSCTAPP) is a grass roots organization driven by a single objective. We want the United States government to reclaim sole authority for state and federal prisons on US soil.
We want the United States Congress to immediately rescind all state and federal contracts that permit private prisons “for profit” to exist in the United States, or any place subject to its jurisdiction. We understand that the problems that currently plague our government, its criminal justice system and in particular, the state & federal bureau of prisons (and most correctional and rehabilitation facilities) are massive. However, it is our solemn belief that the solutions for prison reform will remain unattainable and virtually impossible as long as private prisons for profit are permitted to operate in America.

Prior to the past month, and the fiasco of Fannie Mae, Freddie Mac, AIG, Lehman Brothers, and now the “Big Three” American Automobile manufacturers, the NPSCTAPP has always felt compelled to highlight the “moral Bottom line” when it comes to corrections and privatization. Although, we remain confounded by the reality that our government has allowed our justice system to be operated by private interests. The NPSCTAPP philosophy has always been “justice” should not be for sale at any price. It is our belief that the inherent and most fundamental responsibility of the criminal justice system should not be shirked, or “jobbed-out.” This is not the same as privatizing the post office or some trash pick up service in the community. There has to be a loss of meaning and purpose when an inmate looks at a guard’s uniform and instead of seeing an emblem that reads State Department of Corrections or Federal Bureau of Prisons, he sees one that says: “Atlas Prison Corporation.”

Let’s assume that the real danger of privatization is not some innate inhumanity on the part of its practitioners but rather the added financial incentives that reward inhumanity. The same logic that motivates companies to operate prisons more efficiently also encourages them to cut corners at the expense of workers, prisoners and the public. Every penny they do not spend on food, medical care or training for guards is a dime they can pocket. What happens when the pennies pocketed are not enough for the shareholders? Who will bailout the private prison industry when they hold the government and the American people hostage with the threat of financial failure…“bankruptcy?” What was unimaginable a month ago merits serious consideration today. State and Federal prison programs originate from government design, and therefore, need to be maintained by the government. It’s time to restore the principles and the vacated promise of our judicial system.

John F. Kennedy said, “The time to repair the roof is while the sun is shinning”. Well the sun may not be shinning but, it’s not a bad time to begin repair on a dangerous roof that is certain to fall…. because, “Incarcerating people for profit is, in a word WRONG”

There is an urgent need for the good people of this country to emerge from the shadows of cynicism, indifference, apathy and those other dark places that we migrate to when we are overwhelmed by frustration and the loss of hope.
It is our hope that you will support the NPSCTAPP with a show of solidarity by signing our petition. We intend to assemble a collection of one million signatures, which will subsequently be attached to a proposition for consideration. This proposition will be presented to both, the Speaker Of The House Of Representatives (Nancy Pelosi) and the United States Congress.


Please Help Us. We Need Your Support. Help Us Spread The Word About This Monumental And Courageous Challenge To Create Positive Change. Place The Link To The Petition On Your Website! Pass It On!

The SINGLE VOICE PETITION and the effort to abolish private “for profit” prisons is the sole intent of NPSCTAPP. Our project does not contain any additional agendas. We have no solutions or suggestions regarding prison reform. However, we are unyielding in our belief that the answers to the many problems which currently plague this nation’s criminal justice system and its penal system in particular, cannot and will not be found within or assisted by the private “for profit” prison business. The private “for profit” prison business has a stranglehold on our criminal justice system. Its vice-like grip continues to choke the possibility of justice, fairness, and responsibility from both state and federal systems.
These new slave plantations are not the answer!

For more information please visit: http://www.npsctapp.blogsppot.com or email: williamthomas@exconciliation.com
To sign the petition please visit: http://www.petitiononline.com/gufree2/petition.html

THANK YOU FOR YOUR SUPPORT!

William Thomas
National Community Outreach Facilitator
The National Public Service Council To Abolish Private Prisons
P.O. Box 156423
San Francisco, California 94115

Posted by: William | February 17, 2009 3:38 PM

Well, it is a shame that Vincent and many other ex-offenders cannot be forgiven for their past encounters with the law. I am a mother that has sons who have been in trouble in their youth and they are struggling to survive in a state that will not forgive and this state claims to be christlike. This kind of discrimination not only affects people of color, but also all Americans who have encounters with the law in their youth and have given up the life of crime. Whatever happened to giving others a chance to change and to prove to society that these anyone can change. If these men or women have not been in any trouble, why do we continue to hold grudges? Now if these men and women decide to continue in a life of crime then we can all say punish them.

Posted by: margerie | February 18, 2009 9:57 PM

Thank you for your informative article. It hit home with me in several ways. I'm an ex-felon (one too many DUI's) and take full responsibility for my actions. However, I'm also a retired service member (22 years), a good employee, and a good family member. I have strived over the last five years to change my life and to pay back those I've harmed and those whom I neglected. Currently I am finishing an MA in Theology at a major university. However, at the end of my time in school when I go to interview for jobs, I am fully aware that most employers will not look past the box checked "Yes" regarding felony conviction. Forgiveness is an important part of being human and maybe there would be less recidvism if more people were given an honest chance after they've paid their debt to society back.

Posted by: drsmoker | March 20, 2009 3:41 PM

America will not prosper until it helps all its law abiding citizens find jobs. felons should not be punished for life for offenses convicted of. family and friends should not be expected to take care of felons. america is fast becoming the country of the have and havenots.

Posted by: dreamweaver | April 18, 2009 2:38 AM

HERES A THOUGHT. HOW ABOUT NOT BECOMING A CRIMINAL????? I DON'T FEEL SORRY FOR PEOPLE WHOS CRIMINAL RECORD TRAILS THEM. TOO BAD, TEACH YOUR CHILDREN A DIFFERENT LIFESTYLE. BY THE WAY, THIS IS NOT A RACIST VIEW, ITS REALITY. I CAN'T BELIEVE HOW MANY FEEL SORRY.

Posted by: Mark Anderson | July 6, 2009 6:06 AM