Felon exclusion laws impact not only individuals, but also communities, according to a University of Missouri-Columbia law professor. By their suppressive nature, the legal statutes, which vary from state to state, have devastating socio-economic, political and legal effects on African-American communities nationwide, he contends.
“Most felons come from particular communities – lower socio-economic status communities and primarily communities of color,” said S. David Mitchell, associate professor of law. “The problem is that upon release, if you send that large percentage back into those communities, you’re adding an increased layer of problems to a community that’s already suffering. What you’re sending back are voiceless and powerless individuals. Thus, the economic and political power of the community is limited.”
In his article, “Undermining Individual and Collective Citizenship: The Impact of Exclusion Laws on the African-American Community,” to be published this month in the Fordham Urban Law Journal, Mitchell discussed exclusion laws that prohibit convicted felons from exercising a host of legal rights – most notably the opportunity to vote. In addition to suffrage, which is most commonly debated among scholars and legal experts, Mitchell advocates that upon completion of their sentences, ex-felons should have all of their rights restored – especially those associated with social services; public and private employment; the opportunity to serve on a jury; and privilege to hold public office. He said restoration should take place without requiring burdensome processes or financial restitution, which are required in some states.
“When ex-felons have finished their time, they should have all of their rights automatically restored,” Mitchell said. “Now, my detractors would say, ‘Does that mean if someone is convicted of a sex offense crime, they should be allowed to hold a job in an education-related field?’ No … there are conditions; however, a greater relationship between the nature of the offense and the restrictions being applied should exist.”
In examining the issue, Mitchell said his goal was to explore the “entire notion of citizenship and what it really means to be a United States citizen.” He concluded the restoration of a cadre of rights is just as important as the right to vote. Restrictions only limit the quality of life and impede the successful reentry of individuals attempting to re-establish themselves in their communities.
“Most people tend to focus solely on the denial of the right to vote, which is incredibly important. But I think it’s a narrow view, which is why I discuss what it means to be a citizen – particularly for African Americans and other underrepresented groups,” said Mitchell, who also is a sociologist. “Citizenship is more than just an opportunity to cast a ballot. Voting is important, but if I can’t have a home, can’t feed my family and don’t have a job, do I really feel like an American citizen? If an ex-felon can’t earn a living, then why would he or she adopt the values of society upon being released? If you’re not allowing them back into society fully, then why should they adopt our rules? They have no reason to uphold the laws, and there becomes a greater propensity to re-commit crimes.”
http://munews.missouri.edu
My group is called the empower rangers and we encourage everyone to fight for your rights. There is a lot of information on our blog that might be helpful. We believe in 2nd chances.
our website is: http://empower_rangers.livejournal.com
please check it out. give us feedback and shoot us some emails. We are out to help all especially people in the state of Virginia…Thank You
Unfortunately, I’m also an exfelon.In 1978 I got myself caught up in the “revolving door ” Which resulted in me being incarcerated 3 times, for crimes I could’nt afford to prove my innocence. Therefore, I took lesser deals to keep from doing a lot of time,guilty or not. I’ve been out now for approx. 15 to 16 years. I’m 53 now and I don’t blame anyone for my stupid thinking, even though alcohcol was my downfall. One day I decided that I was tired of that life style, and worked on growing up to take responsibility for my actions. So first I enrolled in a GED class,then a trade ,then a college. All of which I’ve completed successfully while in prison.
Now I need a job, Dont get me wrong I ‘ve had jobs in past but recently the job I had went out of business and it’s very hard to obtain another job because of past history of bacground checks. Most jobs i’m applying for to me should be attainable.Warehouse worker, security guards, delivery jobs and the list can go on and on. It should be some law that allows a person with multiple past crimes get jobs that they qualify for or have experance/ training to perform professionally.Any assistance on this matter please E-mail me @ sir_zackery@yahoo.com. THANK YOU!!!!!!!!!!!
I certainly feel u “17 yrs and still no job”…..i myself obtained a felon charge in 95 in NC….did my time…and now can not find a job what so ever. Before my incarceration I was making good money with a company that i had been with for over 6 years,brand new car,apt,credit cards,etc…came home in ’03 to va with relatives.took a year to find 1 temp job & worked maybe 10 hours a week if they had hours doing surveys until i wanted to go fulltime and they ran my background check & they not only fired me frm the current temp job but sd I cd no longer work for them..but get this, I told them i hd a felony on my application and explained why…guess they overlooked that at the time…thn found a job at anthr loan co….once again explained my situation…they hired me on the spot…worked 2 weeks unitl they got the bground chk back & they sd hd to fire me …i mean what gives??? Have had countless interviews that I knw I have the skills for the job but time after time Im turned down. 2 years ago I had a breakdown …now on ssi but i hear that’s giving out as well in the next few years….they are taking low income section 8 vouchers from people as we spk in va that help them with home/apt rent fees. I wanna work,,,dont want to live off gov assistance or food stamps for the rest of my life to support me & my child….but my felon follows me wherever I go….im contemplating moving out of state to a state that after 10 years they overlook felonies….gotta do something…..but good luck……. u r not alone
Here are some ongoing bills
http://www.opencongress.org/bill/111-h2153/show
http://www.opencongress.org/bill/111-h1529/show
spread the voice out my fellow american’s
I received a felony conviction in 1992 for theft by deception. A temp agency kept sending pay checks and I (being stupid) continued to cash them. I received 2 years probation and never looked back.
It’s been 17 years since then and I have never been involved in the criminal justice system again. I was able to excl at my career and I never had a problem getting employed. I was laid off from a fortune 500 company in 2006 and have not had a permanent job since.
In 1998 the FCRA (Fair Credit Reporting Act) was changed was changed with regards to obsolete information. Previously reporting agencies could not report any negative information that outdated the report by 7 years, but now they changed it from 7 years to lifetime with regards to convictions. (This is why there is a lot of confusion regarding the 7 year limitations on job applications). The application may say 7 years, but the report will show lifetime.
Background checks are now big business. 90% of big companies now run background checks, even Wal-Mart and fast food joints.
There is no way to hide your convictions. Companies gather national (all states) crime databases of all convictions (not just yours) and if your name comes up they already have this information.
This has resulted in life time bans on employment for anyone convicted of a crime. Can you get a job, maybe, but it will be of the lowest paying and the most physically demanding. I’m almost 50 and can’t do manual labor.
Most temp agencies now run background checks. I did get two assignments through a temp agency, but I did too good of a job. The company wanted to hire me, I applied; they ran the background check found the conviction and told the temp agency, then the temp agency did one they also found the conviction and then told me that they can no longer work with me.
You can only image how it is to live with no hope of a better day. Education nor skills nor time lapse with get us past this label of felon.
This always seems to be the “answer” to our issues of having a felony on our record. Do you really seriously think that if it were that easy we would be here right now reading this information we have been so whole heartedly waiting for? Do you really think for one moment we would bother asking people to be so understanding? Ask yourself this, are you the same person you were at the age of 16?..22?…25.? I am a 33 years old, who made a mistake at 18. No matter how much education I have, I am still looked down at in the eyes of most people as a criminal even though I served my time, did probation, and paid my court restituition! I am a loving married mother of 3 wonderful children who watch their mother hurt over mistakes I made in the past. At what point do we finally say,okay..you paid the price?
Lets pretend it was you for a moment, or your daughter or mom or brother, that you knew in your heart of hearts you or they were a different person, but people do not know you and judge you becaus of a paper that just printed out on their computer desktop. We are Gods children. If Christ our savior can forgive us, why can’t humans?
I am sorry about what you went through! I hope things get better for you. My best advice as a felon myself. Connect yourself to a church and become a member. The people in that family will not care about your past, they only care about your heart and soul! People in those communities own bussiness, have voice connections, its a pluss for you both socially and spiritualy! This what I did and I have two felonys on my record and work at a doctors office! I know right! Just try it…God loves you and he wants your to win in every way!
I too committed a felony at age 16 and was charged and convicted for it at age 18. Now I’m 29 and I can’t get a job. Recently I worked for 4 months for a company through a temporary employment agency. The company liked my strong work ethic and pro-active approach and decided they wanted to hire me as a full-time employee. They had me fill out an application and when they saw that I had committed a felony they fired me immediately.
Was there people trying to convince me at 16 that I should do the right thing? Sure there were. The only problem is that I WAS A CHILD. Kids do stupid things. Even adults do stupid things. I’ve been a law-abiding, hard-working member of society for all these years, even going so far as to spend 16 months volunteering in a community help program of my own volition just because it seemed like the right thing to do. But when I try to get a job so I can have a roof over my head and a meal to eat suddenly I’m the bogeyman.
Look, I did the crime and I did the time. Thank God I was given the opportunity to get straight because I was a messed up kid and I didn’t know how to cope. But what’s the point of rehabilitation or even of jail time if once you’re out nobody will allow you to take part in society?
So here’s my suggestion. To put someone in prison for a year costs the state over $23 thousand. (www.sagepub.com/upm-data/14873_Chapter9.pdf) the cost of a bullet is a little over a nickel.
Since obviously I wasn’t smart enough at 16 years old to listen to the people who were telling me to do the right thing why don’t you shoot me in the head?
all I can think to say is God Bless you always
Please do write your article. My son is on probation for an offense. He is not not guilty, but he pled guilty rather than face a trial. I could not afford a lawyer at the time. Our dilema now is that he cannot find employment, must work on probation and knows that even when his probation is over he will forever be descriminated against due to a felony conviction. Sure takes away motivation! This is killing me to watch him feel life is hopeless. You sound articulate enough to write an article. Please do .
Sandy