One of the sad truths of life is that people mess up, some worse than others.

Some get
caught; others never have any problems with the law enforcement. If youve taken the time to
read some other articles in this magazine, you will be more informed about the current situation
and the struggle that released convicts face after being released from prison. However, the
biggest and most overarching question: can ex felons succeed in life after being released from
prison? Are they compelled into a self-destructive lifestyle and stunted by laws that prevent them
from becoming fully productive members of society?
In the beautiful story Les Miserables by Victor Hugo, one of the main characters is a man
named Jean Valjean. Compelled by hunger and the brutal reality of his starving nephew, he
breaks a window to steal a loaf of bread. His crime is one that would normally go with little
punishment, but he was one of the unfortunate ones who got caught doing the wrong thing in the
wrong place at the wrong time. As the story goes, he spends 19 years in prison before finally
being released. His release, however, is tainted by the fact that he has to carry around a yellow
card that brands him as a thief and a dangerous man, making it virtually impossible for him to
create a new life. With no job, no income, no close family, how could anyone make an honest
living? Many convicts in America today face similar problems. The solution of Jean Valjean is to
break his parole, escape to a new city, make a new identity and do good in the world. He
eventually becomes mayor of the town, opens a factory, and gives needed employment to a large
number of his fellow citizens.
Although his intentions were good, Valjean was forced to break the law in order to
become an honest man. Without breaking parole and escaping the stamp society had given him,
he could never have made anything of his life. Does that seem right? Do laws similar to those
present in early 19th century France permeate our society as well, making it virtually impossible
for released convicts to carve out a living for themselves?
There are some laws in place known as lifetime bans against felons. Most of these
involve career choices. Many of these lifetime bans are completely arbitrary legislations put in
place by the states simply because of their mistrust of released convicts. Ex-felons are barred
from being barber-shop owners, commercial feed distributors, and emergency medical
technicians in New York, as well as speech language pathologists and cosmetologists in
Florida.1 Jean ValJean was not seeking a job as a speech pathologist or cosmetologist in 19th
century France, but his job search was also blocked to the same degree. It had nothing to do with
his personal efforts, job experience, qualifications, etc., the jobs were simply banned from him
1

SHAWN D. BUSHWAY, and GARY SWEETEN. "ABOLISH LIFETIME BANS FOR EX-FELONS."
Criminology & Public Policy 6, no. 4 (November 2007): 697-706. Criminal Justice Abstracts with Full Text,
EBSCOhost (accessed November 16, 2015). 2.

because he got caught the one time he did something illegal. Today in the United States, exfelons are barred from up to 800 different occupations.2 Yes, the situation is slightly different
because here in America there are many new opportunities for employment as opposed to two
hundred years ago in Europe, but the principle is still the same. Our legislature is banning jobs
from people who after a few years, are no more dangerous than the rest of the population.
While it is true that ex-offenders are labeled as dangerous or untrustworthy way because
they have infracted the law in a potentially major way, we shouldnt let their past acts predict the
rest of their lives. A study done through 2006 and 2007 examining recidivism of felons found
that an arrest-free spell of 7 years yielded a future arrest risk that was indistinguishable from that
of a non offender.3 It was never decisively concluded when an ex-offender would reach this
point, but with the exception of a few extreme cases, all criminals became indistinguishable from
the average populace. Another study following 500 delinquent males from ages 10 to 70 found
that most active offenders experience declines in criminal offending after age 40 and most desist
by age 60.4
If most criminals quit their wrong-doings, lifetime bans are simply unnecessary. Think of
the mental block placed by a lifetime ban. Knowing that they will NEVER be eligible for certain
careers or job opportunities, why would they ever work toward changing themselves. Why work
to become a productive member of a society that literally blocks your progress and shuns you as
a human being?
Employers themselves also pose a problem for felons searching jobs. Even when laws do
not specifically prevent hiring felons, research shows that employers may also be reluctant to
hire ex-offenders for fear of victimization, potential loss of customers, and a perceived deficit of
social skills by formerly incarcerated individuals. 5 Many arguments and efforts have been made
to help felons develop job skills, but it is counterproductive to expect or even train ex-offenders
to become productive members of society, while simultaneously restricting access and
opportunities into the job market. 6
Employers biases also heavily affect the lives of released convicts. A study published in
the American Business Law Journal concluded, some employers use of criminal record
2

Ibid.
Ibid., 4.
4 Ibid., 3.
5 BRANDI, BLESSETT and MARIE PRYOR. "THE INVISIBLE JOB SEEKER: THE ABSENCE OF EXOFFENDERS IN DISCUSSIONS OF DIVERSITY MANAGEMENT." Public Administration Quarterly 37,
no. 3 (Fall2013 2013): 433-455. Business Source Complete, EBSCOhost (accessed November 16,
2015). 438.
6 Ibid., 439.
3

information sometimes results in disparate treatment or disparate impact discrimination that

violate ex-offenders legal rights.7 A persons life experiences will in some way affect their
attitude toward felons. The problem is not the judgment of employers, but the legality of such
judgement. Employers are allowed to look into a persons criminal record, no matter how recent
or dated the information might be. Again the American Business Law Journal stated given the
strong likelihood that the use of criminal record information will result in a disparate impact
against one or more protected groups, employers should not use criminal record information in
hiring decisions unless they are able to demonstrate the job relatedness and consistency with
business necessity of their specific work needs. 8 It is simply unfair for employers to dig into the
lives of convicts and brand them based on their past actions.
Another study done by several prestigious persons from various Universities from the
Eastern United States concluded: given the rising number of people with criminal records, the
spotty quality of the various databases, and the ease of obtaining this information, the time is ripe
for a renewed national conversation about access to criminal histories. 9 The wide access to these
records has an extremely negative effect on the welfare of ex-convicts searching rehabilitation. If
they can get past this block, if applicants can get a foot in the door . . . then they gain an
opportunity to overcome negative stereotypes and reveal positively valued traits. 10 It can be
done.
Felons are facing severe discrimination both from state legislation and employers
themselves. Laws are not changed overnight, but mindsets can be altered daily. If employers and
employees are aware of the statistics surrounding ex cons, they will realize many of the stigmas
are unprecedented. A change in state legislation is also in order: lifting lifetime bans, and
restricting access to criminal records. They simply dont apply. These studies have shown the
inefficiency of such laws and practices. Changes like this are the beginning of a change in the
mindset of employers across the country and promoting the well being and reintegration of
troubled citizens.

Stacy A. Hickox, and Mark V. Roehling. "Negative Credentials: Fair and Effective Consideration of
Criminal Records." American Business Law Journal 50, no. 2 (Summer2013 2013): 201-279. Business
Source Complete, EBSCOhost (accessed November 16, 2015). 202.
8 Ibid., 218.
9 CHRISTOPHER UGGEN, et al. "THE EDGE OF STIGMA: AN EXPERIMENTAL AUDIT OF THE
EFFECTS OF LOW-LEVEL CRIMINAL RECORDS ON EMPLOYMENT." Criminology 52, no. 4
(November 2014): 627-654. Criminal Justice Abstracts with Full Text, EBSCOhost (accessed November
16, 2015). 649-50.
10 Ibid.