An op-ed in the New York Times this week makes an interesting proposal—that criminal histories should only be used against job applicants for a certain period of time. Alfred Blumstein, professor of urban systems and operations research at Carnegie Mellon University, and Kiminori Nakamura, associate professor of criminology and criminal justice at the University of Maryland, wrote that people are paying for their crimes for much too long and that no one benefits from excluding those with criminal histories from employment and housing when they have remained crime-free for a number of years.
A study released just last month shows that by age 23, 30% of Americans have been arrested. This is up from 22% in 1967. The climb is due, in part, to the rush to incarcerate in the failed War on Drugs. But all of these arrestees, and those arrested in later in life, share at least one thing in common—the fact that they are haunted by those arrests for years to come.
The majority of employers now require criminal background checks for potential employees. In addition, your criminal history can be checked when you apply for housing, public assistance, and other similar services. Some professional certifications cannot be held by those with a criminal history. In New York, for example, you cannot work as beer distributor or real estate broker if you have any criminal history.
It’s obvious these rules have been set up in part to protect companies and their customers from dangerous criminals. Those restricting public service have also been designed to further penalize those convicted of a crime and to save state and local governments’ money. But how effective are these rules and don’t they actually do more harm than good?
Employment is one of the main barriers to staying crime free, for past offenders. But if your criminal history immediately eliminates many of your employment options, things are a little harder. In many states, it isn’t even the conviction that can get you eliminated. Arrest records, for charges that were later dropped, often have to be explained again and again when you are seeking employment.
Blumstein and Nakamura found there is a period of time where someone who was convicted of a crime levels out and have the same likelihood of criminality as someone who has never been arrested. That period occurs about 10 to 13 years after the initial conviction. So, why, they ask, are we holding onto a practice that doesn’t seem to really help anyone?
Because there currently is no expiration on your criminal history, and employers can use it indefinitely, a conviction must be avoided at all costs. If you are charged with a criminal offense, and are in need of assistance, let us put you in contact with a local defense lawyer today.
About David Matson