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
Its like a life sentence for you and your entire family, if your lucky enough to have one!
I agree 100%. I just got off the phone with a company I worked for from 2/2005-10/2008. I had to leave in 10/2008 to serve time for my crime which occurred in 1/2005. Anyway they said I would be excluded indefinately from being eligible for employment there due to a felony drug arrest. This is a customer service company! I could probably get disability but I want to work! A shame the people who want to work can’t and the people who don’t care about working can do whatever.
Is there anyway or anyone that can help us? Isn’t there something that can be done like a neww bill aor laws passed allowing full rights restored to felons once they have finsihed thier sentence, probation, payment of fines, and expungement? Why can’t I become a police officer if I wanted to even though I was convicted of a felony if that felony has had a certain time frame pass and all conditions met for expungement, for example. I feel that if you go thru the process of being an upright citizen, paid your dues, and want to do something to improve your life…you should be able to. It is so frustrating. If you made a couple mistakes in the past you are doomed for life it seems. There has to be something that can be done.
i just got out of prision for drug,larceny charges i did 11 monthsin a drug program while in prision and can’t find a job or get med or any other assi my biggest fear is going back,
but it seems there is no help at all
its all about da politics. The democrats wont listen to you cause they feel felons just wine about the right to have guns. The republicans dont want you cause your most probly black and live in a southern state that they control and blacks tend to vote democrat so how do you win? First youre gonna have to take gun rights off the table in your argument. Guns have nothing to do with feeding your family. By the way a pistol crossbow is affective and is not a firearm! Thats if you need to protect your family and your not prohibited from all weapons.Second you need to claim yourself as independant voters so the repubs can swoo your large numbers. It all depends on who wants the thousands of votes the most. you say you cant vote but your family and friends can and that just doubles if not triples your numbers. numbers work! im telling you! numbers work! you have them you just need to use them. its not too late to turn the injustises around!we have the right to chose our own destiny people! are we gonna sit by while the rest of the country profits? the time for bitching is over! now its time to stand up and fight. YOU WERE PUT ON THIS EARTH TO DO SOMETHING SO GO AND DO IT! DO IT FOR YOURSELF! DO IT FOR YOUR FAMILY! DO IT FOR YOUR COUNTRY! AND BY GOD DO IT BECAUSE THEY SAID YOU COULDNT!!! A MAN THAT STANDS FOR NOTHING, WILL FALL FOR ANYTHING! STAND AND FIGHT! STAND THE heck UP AND FIGHT! I SWEAR TO YOU WITH ALL THAT IS HOLY, THAT IF YOU STAND TOGETHER YOU WILL WIN THE FIGHT! STAND UP AND FIGHT! STAND UP AND BE HEARD! LAY DOWN NO MORE! LAY DOWN NO MORE!ITS BEEN TOO LONG! NOW’S THE TIME FOR RIGHT! TELL THE SONS OF BITCHES THAT YOU ARE SOMEBODY! YOUR CHILDREN ARE SOMEBODY!
I was convicted of a violent felony when I was 18 years old. I went to jail, got out and got a labor job. A few years later I got married and had a few kids. I went to college and got my degree and decided it was time to get a better job. I worked 50 hours a week and went to school at night. Then transferred to a University and got my degree. When it was time to apply to jobs, I saw people who had no work experience and got lower grades than me get good paying jobs. I got offered about 5 jobs, all of which they took back once my background check went through. I didn’t lie to them, they asked if I had been convicted in the past 7 to 10 years, and I responded “no” because it had been more than ten years. It didn’t matter, they still took the job back. Luckily I got on with a company that must not have done the background check, but Im getting paid way less than I should or could. After reading this I realize Im one of the lucky ones but what happens when/if i lose my job? I have a wife and three kids. When my family is hungry, or doesnt have a place to live, do I just explain to them that its not their fault, its daddys fault because he was dumb kid and got in trouble when he was 18. Will that feed my kids or put a roof over their head. No! I did everything that was asked of me! I was out on bail and turned myself in to jail. I did my time and when I got out I stayed out of trouble. I went to school and got my BA. I got married and paid taxed and raised my kids as well as I could. But if I lose my job when the next round of layoffs come around, and no one will hire me because I have a felony I wont be able to feed my children what am I supposed to do. Im not going to watch my family live on the streats and be hungry because I screwed up as a teenager. They should have left me in jail or killed me instead of letting me out and telling me that if I do everything right I can be a productive member of society agian. You dont want to hire me because I messed up as a kid…fine. But know this, I will do whatever it takes to take care of my family. Rob, steal or kill, my children will eat. You dont want to hire me, fine…..but I will take care of mine.
We are all now at a disadvantage for survival , they are trying to starve us to death ,cant get a job at Mcdonalds! we should start a group , and gain our God given rights by all means necessary , we are all f’d regardless , we have to band toghether and show thease that this world is not for them only , we can share it toghether or we can mess it up for all. need to start something right away .
lets organize a do or die movement.
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 day. YES TO SECOND CHANCE!!
do i have to tell employers im a felon on a 12 year old drug charge in wa.state?
Please tell your story. It my not be in time to help me but it my help someone else. I am an x felon 17 years ago. I changed my life and helped others do the same. I have been in the mortgage industry for 10 years and lost my job. Now I can’t find employment to the the million dollar question. They love my resume, my experience, my interview, but when it comes to that question I am moved along. I lost to jobs opportunity’s at two large banks due to this biased question. I have paind my debt and improved my life for the last 17 years but I am still paying. My 9 year old who was not even born when it happened is paying.. There has to be change. It will keep felons felons
In Pennsylvania, you can apply for a Governor’s Pardon, 5 years after your conviction date. This will erase your record. Contact your state governor to see if this could be a possibility for you.
Good Luck.
I am not sure what state you and your husband live in, but in Pennsylvania, there is a Governor’s Pardon. This will conceal the record from the public. There is a 5 year waiting period from the conviction time. Check to see if your state offers this.
Good Luck.
This is discrimination. I am a convicted felon that has a son with autism and medical issues. I had to move back home with my Mom. I cannot support myself or my son. The system wants me to pay, but that is going to be difficult when I am not able to get a job. I am now in the process of trying to get medical assistance. I heard that if you are a convicted felon that you cannot even get medicaid. The courts even had the nerve to send my delinquent account to a bill collector. They want me to pay $800/month! I told the bill collector if the courts could conceal my record so I could work, they would get paid. Employers do not hire felons. Apparently, if employers hire felons, the company will lose their insurance. You are so right in saying that people who have records will go back to commit more crimes. It is not right, but how are we supposed to survive? The courts have reverted me back to a child at 38. I am not able to support myself or my child in any way. I have great work ethics, but employers will never know that since they can’t see past my criminal record. The system needs to be changed. The courts need to rehabilitate felons, not make them dependent on society.
My husband is an ex-felon. He was convicted for a drug conviction. I have watched my husband’s journey being on probation to parole. Serving time and paying his debt to society. Something he is still paying. I don’t understand this you pay your debt to society and once you are released you continue to pay. Let alone what about child support. The system wants you to pay but if you can’t get a job that doesn’t matter. You still have to pay child support. My nephew is a convicted felon who will be off of papers in the next couple of months. Charges are going to be dropped to misdemeanors & he is still turned down for a job. Child support wants him to still pay regardless if he has a job or not. It is a court order signed by the judge. This is something that really needs to be looked at. Discrimination is what I see. Some may not agree but if you go day after day and you are constantly turned down for something you have already paid for what would you call it.
Anonymous
Where do I begin…. I was 18 years old in 1986 and went out with a 16year old one day and he snatched a purse. I knew he was going to do it so I am guilty of that crime as well. Here is the kicker… I was told that the lady said that I slapped her hands while the 16 year old grabbed it. It did not happen that way. I was scared, and took a plea bargin and got probation for 3 years with no issues I was charged with agravated robbery and had a public defender. When I tried to get a job, the second I put down that I was convicted of a felony I was not even considered any longer. What to do??? I then, on the question that asked Have you ever been convicted of a felony started to check no and keep my fingers crossed. Mind you I was an 8th grade drop out, homeless at the time of the crime, and completely clueless of the world.. I was hired by the largest retailer, Walmart. I advanced through hardwork to become a Store Manager!!!! I have been employed for 18 years have opened 9 stores and worked in 3 states.None of this would of happened if I said yes to the felony. This should be proof that society is biased. I was an 8th grade dropout!!! I really want to tell my story. I guess this is a start. I was responsible for hiring 1,000 of associates for walmart and I know for a fact that if you check yes. it goes into the no pile that was their policy until they started to do background checks but even if you check yes it will never go any further and you would not be called for an interview. I have so much more to tell…
people, this fight cant be about getting fire arms back. it just cant. if thats what you gripe is about then you dont need any rights. If it came down to guns or jobs and housing for my family? thats a no brainer! if you want a gun you can get a gun, but if you want a job and housing, well thats a different story. i can protect my family easily without a gun. but aint it the darndest thing that its hard to feed them, clothe them and keep a roof over our heads. thats the important things in life man. you would probably just selling the gun any way to have money for your kids supper tonight. fight for whats right not for “a”right. does it break your heart more to see your kid ask you for something you cant give them or to think about the very slim possibility that you might find your gun in the dead of the night to shoot a thief that means to do no harm? if a intruder wants you dead you will be killed in your sleep most undoubtedly anyway! a killer kills, a thief steals. and yet no one hires a felon still. the stereo type stems from felons whinning and crying about wanting their firearms back. please dont ruin the small chance that the rest of us have to make it right by our kids by making our fight about gun rights. my kids ask whats for dinner? not, are you gonna shoot the bad guy tonight? gun arguments ruin it for the rest of us. BTW.. would i kill an intruder in my house if i needed to? you bet your ass i would.
i feel the same as everyone here! its about the politics folks. plain and simple. our government is the biggest control freak in the world! think about this! whats the best way to control people? you guessed it! you take their rights away! and the best way to do that is? right again! make a whole population (or a good portion of it) felons. Im not 100% sure on the stats but you can bet your bottom dollar that there is a good portion of politions that could be labled felons. they have loopholes tho. my argument is that i think we have a country full of cowards that wont stick up for the peoples rights! we let them make laws that take away our rights and stand idely by and let them because we are to busy with our own selfish lives and wont speak up unless it affects us personaly! i say rise up and stand against those that are doing nothing for the people and doing just for theirselves. wake up! at the rate they are going, its not going to be long before 90% of americans will do something that the government can lable as a felony. you can think that these people making these posts are loons or conspiritalists. thats shallow thinkin. remember what i said in the beginning? the best way to govern a nation is to take away the rights. and make them dependent on government. lets take this country back. i urge you to write to your congressman or woman, have family and friends write. they will do the will of the people or they simply wont get into office. tell them there are no free rides any more they will work for the people or they will be unemployed like us!!!! you cant sue government but you can fire or not hire them. you may not be able to vote in your state but your friends and family can. look at the numbers! 10 felons have 10 family members or friends that can vote. now keep multiplying those numbers and you have the votes to turn an election. i ask you one thing HOW BAD DO YOU WANT IT? HOW BAD DO YOU WANT IT? THEN MAKE IT HAPPEN! PULL YOUR RESOURSES TOGETHER CAUSE WITH NUMBERS… WE CAN MAKE THE CHANGE!
My husband had quite the past,but has paid his debt to society with 14 years of his life, yet the stigma remains. He is a hardworking fair individual who doesn’t look for handouts. We applied for an apartment and were denied because of a charge that occured when he was 16 years of age; he is now 40. I need to know what I can do for not only him but for everyone else with a looking to do the right thing.
http://www.learnaboutguns.com/2008/07/28/gun-rights-for-convicted-felons/
Alot of great information and discussions going on there.!
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