As part of my internship, I have the opportunity to research a topic related to the work LMM does. I focused my research on LMM’s initiatives involving hiring individuals who have been involved with the justice system, also referred to as individuals with lived experience. I conducted interviews with LMM staff partners that have lived experience in order to better understand the benefits of Fair Chance Hiring.
My research focused on the difference in state laws, focusing on Ban-the-Box and criminal record expungement. Many states have laws that restrict employers, particularly public employers, from asking about an individual’s criminal record. Additionally, most states have established restrictions and waiting periods for expunging criminal records. Some states are now implementing automatic criminal record expungement laws based on specific criteria, eliminating the need for individuals to apply for expungement. It has been found that fewer individuals with lived experience go through the process of having their criminal record expunged, primarily because they are unaware of this option. Many individuals would benefit from the automatic expungement of criminal records.
States have implemented laws aimed at increasing employment rates and decreasing recidivism rates for individuals with lived experience. However, according to data collected by the Department of Justice from 24 states, the recidivism rate one-year after release is 43%. This indicates that there is work to do to create more effective laws that will improve the lives and employment opportunities of individuals with lived experience.
Based on my interviews with individuals who have lived experience, Ban-the-Box has not proven effective and continues to create barriers that prevent these individuals from obtaining employment. However, there was a general consensus that expungement of criminal records would be more effective in helping individuals with lived experience secure jobs. From my interviews, our society needs to become more comfortable with forgiving past crimes to allow individuals with lived experience to move forward with their lives. Otherwise, individuals with lived experience are less likely to change the behaviors which originally led to their involvement with the justice system, which could contribute to the high recidivism rate in the United States.
When asked about the benefits of hiring individuals with lived experience, respondents indicated that they tend to have a different mindset and work ethic because they have more to prove. Individuals with lived experience strive to improve their lives and understand that they have less room to make mistakes, which deepens their understanding of gratitude. Additionally, all interviewees agreed that businesses would greatly benefit from hiring individuals with lived experience. In hopes of lowering the recidivism rate in the United States and helping individuals with lived experience obtain employment, we would benefit from implementing laws that follow specific criteria and automatically expunge criminal records.
– Caitlin Larkin, Communications & Advocacy Intern
Sources: United States Recidivism Rate – Department of Justice
