Ban the Box

Background:
According to a 2008 study by the PEW Center on the States, an estimated 2.3 million adults are currently incarcerated in America. If people on parole and/or probation are included, the total number in the criminal justice system nationwide more than triples – to approximately 7.2 million. In addition, an estimated thirty million people in the U.S. have felony convictions. Seventeen million people have served time in jails and prisons; and three million are expected be released from prison over the next five years. According to the Legislative Analyst’s Office 2008-2009 data, the average cost to incarcerate an inmate in a California prison is approximately $47,000 per year. Nationally, the unemployment rate among formerly-incarcerated people is estimated to be 65% to 70%.
The number of women in prison grew by 832% from 1977 to 2007
•Two thirds of women in prison are there for non-violent offenses, many for drug-related crimes
•Women of color are disproportionately represented in prison
•There are more mothers in prison than ever before
•Nearly two-thirds of women in prison are mothers
•Seventy-seven percent of mothers in prison reported providing most of the daily care for their child(ren)
-Children of incarcerated parents are more likely to drop out of school, engage in delinquency, and subsequently be incarcerated themselves.
Issue:
As social workers, we recognize that employment is critical for formerly-incarcerated people to achieve successful reentry. However, almost every job application in the United States asks the question, “Have you ever been convicted of a felony?” Although they may be qualified for the position, those with prior convictions find difficulty in obtaining those employment positions due to employers unwillingness in allowing them to continue through the hiring process once they disclose their criminal history. In California, more than two-thirds of its state parolees are returned to prison within three years of being released; in addition, 39% of these re-incarceration rates are not due to new crimes committed, but have resulted due to technicalities in their parole violations. Denying former prisoners a chance at gainful employment denies them a second chance to become self-reliant members of society. Every ex-offender who finds gainful employment and successful reintegration into the community is one less recidivist depleting criminal justice and corrections resources.
Ban the Box is a grass roots campaign initiated and led by formerly-incarcerated persons. Its aim is to remove questions about past criminal convictions on public employment applications. This will allow applicants with prior convictions the opportunity to demonstrate their skills and experience alongside other applicants. Increasing the employment opportunities for ex-offenders will result in reduced rates of recidivism from prisons by 50%, reduced taxpayer’s spending on prisons; an increase of self-sufficient workers, stronger families due to ability to provide financial, cognitive, and emotional support for children, and a society which encourages rehabilitation.
Over the past year, major U.S. cities including Boston, Chicago, St. Paul, Minneapolis, and San Francisco, have adopted model hiring reforms that promote employment of people with criminal records while protecting the integrity of their City hiring process. Describing the significance of the Chicago initiative, Mayor Richard Daley put it best when he said, “Implementing the new policy won’t be easy, but it’s the right thing to do . . . We cannot ask private employers to consider hiring former prisoners unless the City practices what it preaches.”
Key points to the initiative
Banning the box will not affect jobs where a BCI (Bureau of Criminal Investigation) check is mandated by law, such as working with children, disabled, and elderly (also exempts sensitive positions, where cause is shown);
Banning the box will allow for a BCI check upon a conditional offer employment.

Banning the box will not adversely affect employers. Banning the box increases the pool of qualified workers from which to choose. Many employers have found that people with past criminal records are excellent employees, with useful job skills and good work habits.
Banning the box will not stop employers from conducting background checks, or from considering job-related convictions for a specific position. If a position requires a background check, the record can be reviewed after an initial offer of employment is made.