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Restore rights to ex-felons
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."
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Try walking in OUR shoes!
What the holier-than-thous don't understand (or are too corrupt to admit) is that MANY convicted felons were guilty of nothing more heinous than trusting a public defender with their case(s) and their lives.
Public Pretenders are employed by the State that is prosecuting the case, for the express purpose of encouraging Plea Bargains as a means of expediting their caseloads and the Court's overwhelmed dockets.
There are plenty of felonious criminals who enjoy every right they've ever enjoyed, simply because they could afford "legitimate and competent" representation [and didn't settle for the Wolf in Sheep's clothing appointed by the court, to screw them over.]
Bottom line is this: NO man, woman or government body can strip anyone of their rights for any reason.
Our Constitution does not grant our rights, it simply recognizes them as "Fundamental," as a means of protecting them from acts of tyranny (sadly, corrupt politicians have overruled our beloved Constitution for their own dark agendas).
Privileges may be taken away. Rights cannot! No matter how many losers "vote" for it (as if The People ever had the opportunity to cast a ballot for such vile crap).
Life is a gift from the Creator. Preservation of that life is our RIGHT and RESPONSIBILITY.
Whose laws govern you most? Those of God, or of man? A choice NO ONE can take away or abridge for any reason.
Ex-felons -vs- Bureaucrats
What makes you law thumpers think that just because
a guy or gal has been in prison, he or she does not have the capacity to make changes for the better?
You send us to prison to be punished but is it not the systems goal to "rehabilitate"? I'd like you to
define your own system. You the bureaucrats say, "Ok, lets parole this guy and why? Because in your eyes, he is what? REHABILITATED? Ok, so if I am "REHABILITATED," where is my second chance to be
a usful member of our society without you putting constant limits on me. I can answer that. It does'nt exist in the eyes of you uppidies. I'd
like to be able to make a difference some day but you won't let me because I'm an Ex-felon. I have been back in socity almost 40 years and you still
make it tough. I can't hunt for game, nor walk with my head high because I'm always reminded that I'm a bad little boy. But don't be to concerned bureaucrats, I would'nt vote if I could because I think you are all a bunch of liers. You know, It makes me wonder how may of you goody two shoes have committed crime. Must be who you blow or who you know. Look in the mirror sometime.
Well, no thank to you, today I am a successful business man and yes, made my fortune, but no, you won't see a dime for your self rightous campaign.
Have a nice fucking day. YES TO SECOND CHANCE!!
I feel your frustration
I completely feel your frustration. I was sentenced to 5-16 years in prison at the impressionable age of 17; of which i served 7.5 years followed by 6 months parole. My crime was not violent, however the courts threw the book at me.I never had been in any trouble prior to this. But my sentencing took place during an election period in my state." The judge and his cronies had to look good and tough for those votes." Anyway, I have had a difficult time in every aspect. Job searches have been hell. Society seems to look down upon all us ex-felons in one way or another. Honestly, I don't see any hope for us in the near future. there's too much burocratic crap out there for us to face. Also, they make a whole lot of money from us. My conviction was in 1996; I am now 29 yeaers old and I am doing alright. I help my father run a small business that is helping the very community that frowns upon me. What a shame. I'm not angry or bitter for what I've gone through,but a second chance would be so nice. For instance; I love the outdoors - to fish and hunt. I can't even own a hunting rifle. My crime did not involve a gun either. There has got to be an alternative. I dont think it will come soon enough to relieve our pressures. All we can do is keep up the best that we can and hope. Until then, people that make mistakes will continue to be "warehoused" and supressed.
I understand what you are
I understand what you are talking about I got in trouble when i was 21 years old and these people still don't want to give you a job. It's been 12 years and they still deny you a job. What do they want us to do they restore your rights to vote because it's helping them out but they won't change the law so that employers can only check back so many years on your background check. All I can say is keep god first and he will see you through.
Help i don't understand
I have been having so much problems in finding a job. i was a young 20 year old mother of three at the time of my crime. A crime i didn't commit may i add, but i too was dumb to the law so i took a plea bargin due to my public defender's advice. I received a 25 year sentence for 1st degree murder, where as after going to prison, i learn that i could have gotten a lesser charge for just been there. But i was young and scared and not knowing the law. But since i've been home for about 3years done prorale and not having any trouble paying my fees, i had two jobs. One i left because i moved back home to my family and the second job i left for maternity leave. Either way the pay couldn't help take care of my family.Now i have 5 children and married. My husband has a good job, but the way the prices are nowadays he can't do it by himself. I don't know what i need to do to get my record expunge or sealed so when i apply for a job i don't have to checked been convicted of a felony. I can't get ahead in my life because of a my mistake inlife. How can society stress be productive when they keep convicting me everytime i go and apply for a job. I mean these company has the right to deny anyone they want, but they would be bypassing a hard worker who would show up to work daily because they feel bless to have a good job to go to and get an honest pay. And they want to get made at the drug dealers, they might had tried all they could and been denied for jobs and they went back to the only job that would accept them. The drug game. I just want a chance to get my foot into a door so i can provide for my family. I don't want society to be responsible for me i want to be responsible for myself and my family.
RE: I haven't had a problem
you were Lucky, you better hang on to that job. I was lucky to, for Ten years I been working at one job. If your current employer would of known at the time he hired you, I don't think you would be working there. But having a juvenile convection is not the same thing. I am really glad you have had the chance to make that change for the better in your life.
ex felon no need to apply
I will tell you this shit not hiring ex felons is going to end up bitting TAX PAYERS in the ass. I am not going to tell you what i know, but ACLU is working on something that TAX Payers are going to be really up-set about. I haven't been employed in five years, i am lucky that i haven't made it back to prison. BUT if you the employer want to support me and all those ex felons out here, thats fine with me. I don't want you crying about supporting me and my kids. Serves you right.!
good for you
maybe you were a snitch, good resources, or people that really see something inside regardless of what happened in your life. It is the comment made that the rest have nothing to offer because they have not found jobs or to assume other felons are not as marketable due to not finding employment. You're the example of what others put on felons preventing them to futher a successful life in a positive way such as social stigmas, sterotypes, scapegoats, social isolation, debt bondage which forces one to re enter the system.
good for you
maybe you were a snitch, good resources, or people that really see something inside regardless of what happened in your life. It is the comment made that the rest have nothing to offer because they have not found jobs or to assume other felons are not as marketable due to not finding employment. You're the example of what others put on felons preventing them to futher a successful life in a positive way such as social stigmas, sterotypes, scapegoats, social isolation, debt bondage which forces one to re enter the system.
Employment discrimingation for ex felons
I have come to really experience the challenges of the ex-felon and have been trying to overcome the obstacles that everyday "Joe Taxpayer " fails to understand . I went to prison for a 6 year term for 2nd Degree Assault at the age of 25 . Not to say that I wasn't within my rights to protect myself when attacked by another but , I found myself at the mercy of the court in which I was blind to at the time . Now here I am 17 years later and have a hard time getting a "foot" in any door . I live in Washington State and have for the past 6 years....I have held some great temporary positions that without the felony on my record , could have been benificfial to me and my family . Many companies have a 10 year policy but, that does not mean that you are eligible for employment after the statue of limitations for that company is no longer in effect. I currently am a student taking an correspondence cource that my mate of 10 years and 2 kids later pays for out of her pocket because I am not eligible for any type of grant or student loan to persue my education , and later find that it will be of no great benefit to me because of the violence in my convicition which bars me from working in this type of field. The law needs revision as well all felon coming together to make it happen .
How long should someone pay for their mistakes???
13 years ago when I 17, stupid, and undisciplined I was sentenced to 4 years in prison followed by 3 years of probation for Armed Burgulary. I will admit my guilt and have from the very beginning. Within a week of being incarcerated I realized my wrongs, and made a commitment to change my life. Between being arrested and sentenced to 4 years in prison I was released on bail for 3 months, during which time I completed high school, and focused on a new lifestyle.
I was released from custody after 3 years 8 months in May of 1999, 9 years ago. Since that time I have completed college, graduating in the top 5% of my class and with honors. I have always had a strong work ethic, and have always put in the best work I can at any job I have held. To this day though I have yet to find a company that would hire me after looking into my background. For 13 years I have been committed to putting the past behind me, but the only time it comes up is when I go to look for a new career.
I am not sure how many people serve 4 years in prison, and then go on and do the things that I have done. 85% do go back to prison within 2 years of release. I have looked into getting my records sealed, which in the state I live in is impossible for someone with my "armed" charge. I have tried to get my rights restored, which 1.5 years later I still have not heard anything. I just don't know how long it will be till I have paid for my mistakes. I did my time, paid my restitution, and changed my life. I have almost floored people when I reveal my secret, because they just can't believe that I would have served 4 years in prison.
Needless to say, I will always have to pay for my crimes. I will always get passed up for the job to another person with less experience, less character, and less education than me. I understand the severity of my crimes, so when people say "well you deserve it", well I probably do. I just say this, when I was sentenced to 4 years 2 months and 22 days to prison followed by 3 years of probation they said it was to pay for my crimes. Well I would have gladly served an extra year in prison to really pay for my crimes, and not have to deal with this every day. I would have loved to be able to say, "well judge, if you give me an extra year will you seal my records when I get out." I thought I paid my debt to society, but that debt has high intrest payments aparently.
I haven't had a problem
I was convicted of 5 violent felonies involving guns that landed me in prison at 17. I was released after a couple of years and have not had any problem finding a job since then. My current employer found out about my convictions recently because of a required criminal background check for a project that we are working on, my employer gave me a letter and a chance to dispute it if I wanted to. I choose not to and they have not pursued it any farther. Anyways, I am 34 now and I think if you can't find meaningful employment, its not because you are a convicted felon, it is because you are in general not a very employable person.
Second Chance Bill
How many perfect people do you know? Do you think a mistake made twenty years ago should punish forever? I don’t. I think people can change. Please read my story and follow the link to sign my petition. With hope, prayers and signatures the “Second Chance Bill” will be introduced to 2009 General Assembly. The more signatures I collect, the better the chance of this Bill becoming a reality.
In October of 1985 I went to New York on vacation. I worked as a waitress mostly at night and carried a small handgun for protection. Without thinking I packed the gun in my suitcase. On my return flight I tried to catch an earlier flight and brought my suitcase to the ticket counter. The suitcase was searched and I was arrested for “Attempted Criminal Possession of a Weapon”. This is a class E felony. I didn’t understand why this was happening; to me I just made an innocent mistake. I was scared to death and was a single parent of a 5 year old. The lawyer that I hired said the crime carried a sentence of 1-5 years. I plead guilty because I feared that I would lose my child. The lawyer told me that when I left the state of New York I would not have to worry about this again. That turned out to not be true.
In the last 23 years I have not been in any more trouble. I raised my child, returned to college and recently graduated with honors. The purpose of returning to school was to find a successful job and increase my wages. I am also a Notary for the State of Virginia and a member of Phi Theta Kappa. In 1994 I had my civil rights restored by Governor Allen.
Recently I went on a job interview. The application asked if I had ever been convicted of a felony. Of course I said yes. I attached a letter of explanation, the order from the Governor restoring my civil rights and my notary certificate. I also added to the education portion that I graduated from college with honors. When the interviewer read my letter of explanation she excused herself and said that she needed to speak to her supervisor about my conviction before she could start the interview. After about 15 minutes, she returned. I couldn’t believe that I was being treated like this. They did interview me. After the interview I asked her how she thought I did. She said that I did very well and she thought of many jobs within the company that I could be considered for. She said that she thought my conviction could stop me from being hired and as it turned out it did. I sent my resume to this company through an internet add. Nothing in the job announcement asked about a felony conviction. This treatment made me feel very uncomfortable and prompted my decision to write this e-mail.
Recently many corporations have implemented a criminal and credit check on all prospective employees. Other than getting my civil rights restored I have asked the Governor of Virginia for a pardon. It was denied because the Governor cannot pardon a crime from another state. I applied for a pardon in New York and I was denied because the Governor only pardons extra exemplary convictions. The Governor’s office suggested that I have my civil disabilities restored in New York. The New York Supreme Court restored my civil disabilities March 4th, 2008. I asked for a Presidential pardon and I was not eligible because my offense was not federal.
I think that everyone deserves a second chance. How would you like to be judged your entire life for a mistake that you made when you were young? No matter what accomplishments you make, you are held back because of your past.
Here are a few of the requirements that I feel should be fulfilled before you’re granted a “Second Chance”:
1) Applicant has been conviction free for 10 years. Your conviction must not be a violent offense.
2) A resident of the state of Virginia. The conviction could have happened in another state.
3) Your civil rights have been restored.
4) At least four references that can prove that you have turned your life around since the conviction. One of which must include that the applicant graduated from a community college, university or trade school since the time of conviction.
If the applicant is granted a “Second Chance”, the record will be sealed. This will allow the person to carry on with his or her life without the constant discrimination that they will have to endure without a “Second Chance”
If you agree with “The Second Chance Bill”, please follow the below hyperlink and sign this petition. http://www.petitiononline.com/2ndchnce/. I appreciate your help.
So tired of searching
This makes you want to play off of these high profile people making these rules by applying for SSI. You made me disabled now give me my money that your tax dollars are going into.
i've done everything i can
lets see where do i begin well lets start here!!!........i have done everything to better myself since being convicted of grand theft and burgalury of an allocated building basically i broke into a shed and stole a three wheeler i didn't go to prison but served 2 two years probation.ok about a year later i met my wife she was the best thing that happend to me. before that conviction in my life i had some minor offense nothing big.i had no education no degree no nothing.i labored for a company for awhile and they taught me a trade it was still labor intenseive but i was working.later after i met my wife and stuff i started thinking about getting my life together,moved from florida to ohio i thoughjt that would be great new begining and so forth well not so first month there got my ged that was awsome didn't even study the next thing i did was try to enlist in the army they told me to get 15 college credits and i would be considerd a high school grad and they would have to do a back ground check so told them my story they said no problem i'm telling you i jumped hoop's for these guy's well days later they said that a waiver would be needed and it would be sent to command for reveiw well all this stuff came out in the mean time it's called time and place it is where an officer of the law stop's you and takes your name birthday and social in the eye's of the army thats a conviction and an occurance so my waiver was denied but i thought no worries i'll go back to school and get a degree and in the mean time get a job. not happen'in any job no matter what i tried the people would not hire me because of my back ground so i started lieing saying no to the question 2 ta 3 months later they would fire me for stupid reasons none of which make any since but since i lied on my app's i couldn't do nothing about it so i would file for unemployment when they would fight it for the stupid thing they fired me for it would get denied every time i'm sure it pissed them off pretty bad because they constantly fought it and it was still denied even now they keep trying but threw all this i've given up on every thing i still can't get a job and the school has since found out about my conviction.which makes me ineligable to complete my degree because in that field the employers would not hire me any how. basicaslly through all this crap i have learned that if you make a mistake in your life you pay for it, for life and the loved ones you aquire along the way pay for it too it suck's to say it but i did, i have no rights no matter what anyone say's here if your convicted of a felony you have no right's even if you get them back when i tell people my story they can't beleave it. and i've given you guy's the short version. the thing is i didn't even go to prison for the crime i did. i live in one even now and unless something change's i'll remain in one i just want to better my life and the life of my wife and children.
employment discrimination of ex-felons
I am an ex-felon, my age is 53. I was released 5 months ago, and I am having difficulty getting proper housing and a job. I have a family,andmy wife is disabled. I am trying to work hard and make the right choices. The discrimination of poor ex-felons should be taken to the courts. Martha Stewart for one example, she made money while in prison, and I see her on television doing commercials, and making even more money. I'm sure that she hasd no problem in finding a home. It seems that the system is against the poor, and more so the poor ex-felons.
Something has to change!
I was 16 years old when I made the one misstake that would change my life forever... I broke into a house, and stole some food. Yes it was wrong, but I was a hungry runaway that was confused to say the least. Here it is 11 years later, and I still can't join the military, can't drive cross country, can't work in the medical field, can't be a teacher, can't serve my community, my family, nor my self. Why does this country punish people for thier entire lives, even after we pay for our misstakes? All I want are the same opportunities as everyone else. This land is supposed to be the land of opportunity, but in all reality the opportunity is only designed for those who have never made misstakes. Yes, I work, and I get by, but the fact is if given the opportunity I could make a difference in someones life. Is this what we teach the kids of this nation, that misstakes are made, and never forgiven? If thats the case then how can we ever learn from our misstakes fully? Hey, but what do I know? I'm just a convicted felon.
employment discrimination for exfelons
I have lost countless jobs solely because of my past convictions,not to say the jobs Ive never been considered for because of this. somthing must be done to give exfelons a chance to move on in their lives in a non discriminative positive step forward on the road to rebuilding a productive life. Society must help in the rebuilding process. These convictions I speak of are 25 years past.
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