NCJ Number
64075
Journal
CORRECTIONS MAGAZINES Volume: 5 Issue: 4 Dated: (DECEMBER 1979) Pages: 68-72
Date Published
1979
Length
5 pages
Annotation
LEGAL BARRIERS AND DISCRIMINATORY PRACTICES IN HIRING EX-OFFENDERS ARE SLOWLY DISAPPEARING. REMAINING STATE DISABILITY STATUTES ARE EXAMINED AND AVENUES OF RECOURSE SUGGESTED FOR REHABILITATED OFFENDERS SEEKING EMPLOYMENT.
Abstract
IN THE LAST 10 YEARS, MORE AND MORE OCCUPATIONS, PROFESSIONS, AND LEGAL RIGHTS HAVE BEEN OPENING UP TO EX-OFFENDERS THROUGH THE REPEAL OF RESTRICTIVE STATUTES AND THE GREATER LENIENCY OF LICENSING REGULATIONS. THE RESULT IS THAT IN MANY STATES, EX-OFFENDERS HAVE PENETRATED PROFESSIONS FORMERLY CLOSED TO THEM, INCLUDING THE SOCIAL SERVICE FIELDS. AMONG THE MOST SPECTACULAR CASES IS THAT OF AN EX-CONVICT WHO BECAME A JUDGE. NEVERTHELESS, BARRIERS STILL CONFRONT THE REHABILITATED OFFENDER IN THE FORM OF REMAINING CIVIL DISABILITY STATUTES, DISCRETIONARY POWERS OF LICENSING BOARDS, AND THE UNSKILLED QUALIFICATIONS AND PERSONAL INSECURITY OF MANY RELEASED OFFENDERS. EXAMPLES OF REPREHENSIVE REGULATION INCLUDE 'CIVIL DEATH STATUTES' STILL EXTANT IN SOME STATES, STATUTES THAT BAR EX-FELONS FROM SPECIFIC PROFESSIONS SUCH AS TEACHING, AND OTHERS WHICH REQUIRE 'GOOD MORAL CHARACTER' AND BAR THOSE OF 'MORAL TURPITUDE' FROM OCCUPATIONAL LICENSES. A GUIDE TO LEGISLATORS CHANGING THESE REGULATIONS RECOMMENDS THE FOLLOWING CRITERIA FOR LICENSING OCCUPATIONS; A PROHIBITION AGAINST INQUIRY INTO ARRESTS WITHOUT CONVICTION; A REQUIREMENT THAT A DIRECT RELATIONSHIP EXIST BETWEEN THE PAST CRIME AND THE OCCUPATION FOR WHICH LICENSE IS DENIED; AND PROVISIONS FOR APPEALS PROCEDURES. AN ADDITIONAL AVENUE OF CHANGE IS THE COURT, WHERE OCCUPATIONAL AND LICENSING RESTRICTIONS CAN BE CHALLENGED. SUCCESSFUL SUITS ARE CITED INVOLVING TAXICAB DRIVER LICENSING AND EMPLOYMENT WITH THE POSTAL SERVICE. ADDITIONALLY, ORGANIZATIONS ESTABLISHED TO ASSIST EX-CONVICTS IN OBTAINING JOBS ARE ENUMERATED. MINNESOTA PRACTICES OF HIRING EX-OFFENDERS IN THE CORRECTIONS DEPARTMENT ARE CITED AS A NATIONAL EXAMPLE. ILLUSTRATIONS ARE INCLUDED. (MRK)