BLOG

Lawmakers in Massachusetts are trying to help former offenders find employment opportunities. A recent study suggests an unexpected outcome to their efforts.

Since 2010, when Massachusetts started passing laws to help job seekers who have criminal records, the employment rate for former offenders has decreased by 2.6%.

They Started by Banning the Box

There has been a lot of talk about the Ban the Box movement. If you're not familiar, the idea is to remove a question from job applications that asks applicants to check a box if they were ever convicted of a crime. The goal is to give people with minor convictions a chance at getting interviewed.

When applicants check that box, they are unlikely to be considered.

Several cities and states have implemented Ban the Box laws. Most locations are seeing positive results. Recent studies in the District of Columbia and North Carolina showed a noticeable increase in the number of people with criminal records securing stable employment.

The same cannot be said for Massachusetts.

Employment Rates for Ex-Offenders In MA

Massachusetts has a proprietary database called the Criminal Offender Record Information system (CORI). It includes: "records and data in any communicable form compiled by a Massachusetts criminal justice agency" regarding arrests, criminal charges, sentencing and related topics. In 2010, updates were made to CORI for the purpose of banning the box from job applications.

Two years after this change, the employment rate for people who have a criminal record actually dropped. This was the opposite of what lawmakers expected to see.

The group that conducted the study has theories on why things have not improved:

• Business could be requiring education or work experience that ex-offenders do not have.
• People with records may be interviewing for "harder-to-get jobs and turning down lower-paying opportunities they may have settled for in the past."
• MA has not done enough to encourage employers to hire people who have a criminal record.

Another common theory is simply that employers are hesitant to hire anyone who has a conviction. Pauline Quirion is the Director of the CORI and Re-entry Project at Greater Boston Legal Services. According to Quirion, "The reality is employers don't like to hire anybody with a record."

Additional efforts may soon be considered to provide more assistance to MA job seekers who have minor convictions.

Helping Former Offenders Find Jobs

Millions of Americans have criminal records. Many are for crimes that would be considered minor. However, the stigma of a conviction often causes employers to pass over otherwise qualified candidates.

Ideas like Ban the Box have been promoted heavily in recent years. The people behind these efforts list several potential benefits, such as:

• An increase in the number of candidates for open positions
• A larger workforce, which means more people paying taxes, buying goods and supporting the economy
• Recidivism rates are likely to drop

To help even more, advocates are lobbying to reduce the amount of time that must pass before people can have misdemeanor and felony records sealed. They also hope to gain the ability to have charges for resisting arrest removed from CORI. Currently, such charges remain on the person's record permanently. Advocates hope these changes will bring additional positive results.

One current positive seen in Massachusetts is a decrease in recidivism. Experts believe this is because people with criminal records are now more likely to apply for jobs. In the past, many people may have felt like they had no chance. Ban the Box and related laws can encourage people to at least look for employment.

What Your Business Should Know

Although Ban the Box and related laws may not be successful in MA, they are producing positive results elsewhere. Similar laws are likely to be implemented throughout the country. When they are, it will be imperative for your business to comply with all relevant regulations.

At Backgrounds Online, our team strives to keep up with new and changing laws that impact our customers. We stay aware so we can help our clients remain compliant throughout their hiring process.

If you have questions about background screening or federal laws that affect your business, please contact us for assistance.