Convictions shouldn’t be life sentences to unemployment

It may seem counterintuitive to see the CEO of a background check company attached to a “ban the box” initiative. After all, that box—some would argue—is what keeps our company in business. The box, they say, ensures safety and transparency while limiting liability for businesses. Yet, that box is becoming a barrier, boxing in ex-offenders from the outset of the application process as they try to get their lives on track and in order. To be effective, fair hiring policies must do more than ban the box. They must look beyond the box to ensure conviction information and background checks are used appropriately—giving ex-offenders a fair chance at finding work.

Simply put, a conviction shouldn’t be a life sentence to unemployment. And yet, 70 million people (one in three adults) in the U.S. with a prior arrest or conviction record are shut out of a fair chance of future employment because of their past. We’ve met them at events held at Goodwill in San Francisco and at the East Bay Community Foundation in Oakland. Time and time again, we heard about the way the box had come to define them. Despite their efforts, employers could not see beyond the stigma of a record — using the box to reject applications without considering context or stopping to hear about the steps the ex-offenders had taken since their convictions.

{mosads}Research funded by the National Institute of Justice shows most employers are reluctant to hire applicants with criminal records. Another study, funded by the U.S. Department of Justice and conducted in New York City, suggests a conviction record reduces the likelihood of a job callback or offer by nearly 50 percent. When employers toss out these applications, the box becomes a barrier that narrows the applicant pool of qualified workers—which is bad for business, and bad for breaking the cycle of repeat offenses.

Effective fair chance policies delay questions about conviction histories until later in the hiring process, giving ex-offenders a fair chance at being considered. Instead of writing candidates off from the get-go, employers can make individualized assessments to determine an applicant’s merits, as well as the amount of time lapsed since the conviction and its relevance to the job. And, candidates can have the opportunity to review the results of their background check and explain the context and circumstances of their conviction and rehabilitation. In essence, the delay becomes a tool that opens up a dialogue—instead of a way to shut down opportunities.  

The results aren’t just good for morale and good for society. They’re good for business. According to the NELP, “reduced output of goods and services of people with felonies and prison records is estimated at $78 to $87 billion in losses to the nation’s economy in one year.” Studies cited by the NELP also show putting people back to work “increases tax contributions, boosts sales tax and saves money by keeping people out of the criminal justice system.”

Additionally, allowing ex-offenders to re-enter the workforce also keeps them from sliding back into crime. A study by the Manhattan Institute reveals the sooner ex-offenders are employed, the less likely they are to commit future crimes.

In addition to these societal benefits, ex-offenders are an opportunity for businesses to tap into the most loyal workforce. There’s plenty of anecdotal evidence to suggest that ex-offenders are more loyal to the companies they work for and are less likely to leave a job, knowing how hard it is to go through the process of applying for jobs all over again.

So far, more than two dozen states have taken steps to persuade employers to look past the box on job applications that asks if an applicant has a criminal record—with California lawmakers taking up the cause for consideration statewide this month. Fair hiring not only makes good business sense, it creates a more diverse, engaged, driven, and loyal workforce. Though “ban the box” is a rallying cry, it’s time to look beyond it—by embracing fair chance hiring policies that open dialogues and open opportunities for ex-offenders intent on turning their lives around.

Daniel Yanisse is the CEO of Checkr, a background screening company. He was previously an engineer for Cisco and for NASA.

The views expressed by contributors are their own and are not the views of The Hill.