When pundits discuss America’s still too high unemployment rate, they usually tell stories of individuals with impressive work histories and college degrees who are having a hard time finding a job after being downsized. Or, they relate tales of former manufacturing employees lost in our new, more tech-driven economy. Rarely does anyone share the plight of the more than 65 million Americans with some sort of criminal past who have a hard time finding work.
We need to talk about this population more often and come up with solutions to help them secure employment. The reality is that more and more people with criminal histories are trying to enter the work force but failed background checks keep thousands of people from getting hired, some for offenses that are decades old and as minor as disorderly conduct, drinking and having too much fun in the street with friends. Some of those being denied work have never been convicted of a crime, only arrested.
Every year, more than 700,000 people are released from state and federal prisons: they all need to find work so that they may support themselves and their families, contribute to their communities and to ensure poverty, frustration and desperation don’t force them to return to a life of crime. There are no federal laws that protect individuals with a criminal past from being discriminated against by employers. The Equal Employment Opportunity Commission, however, does suggest that employers take in account the severity of the offense, the amount of time that has passed since the crime was committed and how the crime relates to the position being applied for.
We need more than EEOC guidelines. There has to be a conscious effort by the business community to weed out practices that discriminate against ex-offenders. Most accept that some with a criminal past will not be able to work in certain sectors; for example, a child predator cannot work with children. But there are countless other positions this individual can hold that won’t present a danger to society. Employers also need to understand that, just because someone committed a crime once does not mean they’ll do it again. In fact, research shows that the farther back the crime occurred, the less likely the offender will be to repeat that mistake.
Current hiring practices are locking millions out of the work force. This discrimination not only hurts the individuals in question, it damages America’s long-term economic health. We’re losing millions of workers and need to help keep our country moving forward.





I am a 31 yr old ex-offender that has struggled in this situation. I was on drugs made bad choices and went to prison. I now have been clean for 8 yrs and I work with recovering addicts as a counselor. I am a women and some say that it is because of my gender that I was able to make it this far. In reality, I worked hard and wanted to change and make it so I am on my way, God willing. I do agree with you Judge. You take a man or women send them to prison and put them back in the same environment, with the same thinking, same friends, same frame of mind, same resources and the same stereotypes and you get the same result. If nothing changes nothing changes!!!! On one hand there has to be some accountability to the person being released and they have to have it set in their mind that no matter what I am going to do this different. Society does play a major role in recidivism. Lets lift these men and women up and help em out of the the streets instead of limiting them to what they already have been told thus far that this is what they are. It is a two way street it takes the drive of the person and understanding of society. People make mistakes all the time, thank God for grace and mercy. My sons father is struggling with this very situation and pray every day that the lord takes over the hearts and souls of society to help people that want it. I think that we know the problem we need a soultion. I sometimes wonder based on good behavior and good conduct if these people have job waiting when they go out would they return to the streets?
The question on the application that asks if you have ever been convicted of a felony and how long ago should only be used as informational and employers should use discretion when a prospective employee is going through the hiring process.
When someone get’s out of prison / jail, that means they have paid their debt to society and the courts have determined they are able to walk freely. When someone get’s out of prison, a lot of them re-offend because they don’t feel they are treated fairly, can’t get a good job because of their record and they may as well repeat history because that’s the ONE thing that most people will think they are capable of doing!
Employers should be given an opportunity to sign up for a self reliance program where the government will help pay a portion of the convicts wages, the employer get’s cheaper help, and the ex convict can put their old life behind and step forward in a new & better direction.
That would cost too much, you say. Well, I would rather pay taxes to help someone be a productive member of society than have to pay taxes for the 60,000 + dollars per year it would cost to house this inmate in prison! AND I don’t want to be a victim of their crime they may commit because they are just trying to survive the only way they know.
Most try when they get out, but they aren’t given a decent chance and they give up on themselves too easily because society has already given up on them!
They have programs like this for welfare mothers who they are trying to get independent. Either way, the ex convicts are going to cost money, we may as well keep our neighborhoods safe, keep parents with their kids, and pay part of their wages than to pay for incarcerating them.
Sir,
Thanks for posting this!
I FEEL THAT IS CORRECT.
mr. marhis i am ex-offender and never went to prison but i had to do house arrest for a whole year and the situation is stopping me from becoming a nurse in he state of arizona and it is hard and discouraging because i have two children that i raise by myself and i just want a better life for me and my children. what can we do
Judge Mathis, I agree with you 100%. Right now, my family and I are going through this with my brother. He’s 50 years old, and has made some very “stupid” decisions in his life. He spent some time in jail and now he really wants help. He’s trying like hell to get help with alcoholism, and he can’t. He managed to find a factory job in N.C. making minimum wage, but he can’t afford rehab! He found a center to dry him out, and after seven days, they want to kick him out. It’s such a disservice to people without means. It’s a heart-breaking thing to see him REALLY want help now, and being turned away. Do you have any suggestions? We’ve spoken with our minisiters, and they are looking into grants, etc., but I know that you are well connected and may have more leads. I would appreciate any information that you may have. Thank you.
It is so hard to obtain employment. I am a ex offender with a sale of marijuana charge. I got out of prision in 2005. I have ince obtained an Associates Degree and was working on a criminology degree. I have been unabe t get a job for 3 years. No one will give a chance to a woman tying to do right for her family. I have used up all school loan money and finncial aid does not over the cost of tuiton or books s I have to drop out in my SENIOR year. I am so disappointed and scared of the future of my family. I am 3 paymen behnd on car notes, can notget gas for my house t be able to cook. It is all my husband can do to pay the bills. He has a job but is also an ex-offender and cannot get a job tha pays well. Any suggestions??? Ironically, I wanted my degree to help get involved withother 1st time offenders and help get them jobs to be able to stay out of the system.
I am a prime example of this article written back in May of 2011. I am an ex offender (1991) paid my fines, no jail time, two-year probations and seen my probation officer one time and that was the initial visit. I lost my job in 2009 due to reduction in the work force in the medical field and have not been able to fine employment or should I say once employment is found and background check is completed all of a sudden they have found a better candidate. The sad thing is I can”t even go to school to further my education due to a felony conviction, so what does the good old United States of America wants for myself and a million others out there to do? Commit more crime?
Unfortunatley I am a product of this situation, I just want a job that I am very qualified for , I was only 18 when this occured, in some way I feel punished for the last 33 years ,Dont you think I learned my lesson it was just a burglary and I had no prior offenses.
In response to this article I know someone who is a registered sex offender convicted in 1994 released from prison in 2001 and had a excellent job until the company found out about his background after he was there for five years He worked in a manufacturing environment with secured doors No unauthorized persons were allowed in the building without a security escort As soon as the company found out about his background he was fired That was two years ago and he has not been able to find a job since This man is an excellent electronics tech and just earned his MBA and is an ordained Minister but that is doing him absolutey NO good Where does a person turn It is like he is still in prison and just cant get out of it He has been spotless clean since being released from prison has bought a home and is married with a family In Florida it is the law that if there is a natural disaster he cant even go to a shelter for safety In the issue I am answering it mentioned discrimination I think this goes even farther than discrimination but what can a person do to regain his dignity It has gotten to be a living nightmare for him and his family What can he do
. The problems begin with our education systems inability to inadequately prepare our youth and people to speak proper English, dress appropriately and write legibly to fill out an application for all types of semi skill or highly skilled jobs. Once we improve our schools and educate our inmates with the right tools and work ethics, we can then attempt to amend the constitution to include those who have only been arrested or have “minimal crimes” on their record, as a “protected class” from discrimination.
I agree. I am a convicted felon and I know firsthand how it affects us. I am in the beginning stages of building my own company. 2ND CHANCES 4 FELONS. I went to countless interviews, to end up hearing “We are sorry but due to your criminal history we can not hire you at this time.” I was convicted in 1998. Since then, I am at a different place in my life. I am a mother, a college student, and a person willing to work hard and prove I DESERVE A SECOND CHANCE. Yet, the word FELON meant more than any of that. Based on my own hardships, I started my company. I do not receive any type of compensation for what I do. I do it to help felons who may not know that there are opportunities available to them. I am not saying all felons deserve a second chance but I am saying there are plenty who do. I welcome people to visit http://www.2ndchances4felons.com. I am a HUGE fan of Judge Mathis. I appreciate the compassion he has for ex-offenders. His voice can be heard by many and it represents those of us who are speaking but have yet or can not be heard. I hope to achieve my goals in the same manor that he has. I am on a mission to better the lives of ex-offenders as well. We HONESTLY need all the help we can get. Blessings to everyone.
Judge Mathis,
I understand the need for non-discriminatory laws, as a white 52 year old man who lived across the street from the projects in a smaller town as a kid, I have always questioned the way the welfare, and grant system worked. I won’t go to much into that because there are some anger issues involved. Yet did you know that the YUM! brands actually ask if your over 40 on their application? I did go to a Taco Bell interview, and was literally passed by while a X-felon was hired.
Personally with things being as they are I believe it is time to leave all of the we deserve a break stuff out of hiring. If the government wants to take care of convicts then they should hire them for whatever infrastructure needs there be or leave the were you convicted of a crime completely off of the application process.
I am actually thinking about becoming a convict just to get their perks (way down on my list but a thought). The times have changed sir, and everyone is struggling your not going to see the sympathy for the “ghetto” folks when the boomers are drawing food stamps.
Cordially,
John
I wish I knew how to present a bill to my senator about revising laws for people that has made mistakes in their past. It is so discouraging to be discriminated upon, because I am a nurse and I have a felony that is 14 years old.
My son lives here in Houston with me and has been trying to find a job for 2+ years. No one will hire him because he is a felon. He is now 28 and has enrolled in college and is working on a better life but getting very discouraged because I am having to support him, therefore his self esteem is going down the tubes. If they don’t want criminals to go back to the life of crime why don’t they give them a chance? Please if you know of anyone in Houston, Texas that is willing to give him a chance please let me know @lynnsteno@yahoo.com. How do they expect someone to make a living legally if they won’t even give them the chance?
I Really do agree with this my broher is going through this same thing rite now and it makes him really upset he trys to do the right thing and get a job but everywhere he go they turn him away because of his backround check and this is making him have the mind set to run to the streets and thats not what he want to do but he can find no other way out I just wish, hope and pray everyday that he dont turn to a life of crime and that someone somewhere give him a fighting chance and see pass his criminal past. All i can say is help lord.
Dear Judge Mathis, I agree with what you are saying here about discriminating against ex-offenders and can relate because I have a family member that is going through this right now. He recently broke down in front of me and is on the brink of losing it. I feel so sorry for him because when he is hired at a temp job and the company likes his work and want to hire him but when they look at his backround they say I am sorry and then they let him go. The most recent job actually hired him he disclosed his information upfront but after doing the backround check he was called the very morning he was suppse to start work. He has been demoralized to the point that he is giving up. He is not a repeated offender but I’m afraid that this is going to drive him to do other things. So judge my question is, what can he do? Can you please give me some advice? Thanks, love your show!
Judge Mathis my name is Tracie and my husband and I are experiencing those issues you are discussing in this article. He is not able to provide for his family the way he wants to because no one will give him a chance. He commited crimes but he also did his time and for the past few years has changed his life so he could be a better man, husband, and father. He has gone back to school and completed his Associates degree and since has enrolled into the Bachelor program and wants to improve our quality of life. He has made some bad choices in his life and is still paying for those choices even after turning his life around. When people do background checks for apartments and jobs we have to start looking else where because this is where the judging begins. People are so quick to judge but never want to help others. He is getting frustrated adn wants to give up at times but by the grace of God we are still making it without his income. People are so quick to turn up their noses but must also realize that we are all one bad decision from a jail cell. He made some very bad choices and he has never denied that but he is not making those same choices today. He just needs for someone to give him a chance to show them he is a good decent man and wants to contribute to society and just live his life and take care of his family. It hurts me to see this man making a change and he still gets beat down and all he wants to do is provide for his family and get a second chance at life. Is that to much to ask.
YES this is so true!Im 33yrs got a felony at 19yrs.And since ive got GED, workready cert.,andCNA lic. and going to school now for truck driving. And GUESS WHAT. Still cant get hired since i got layed off lack of work from last job. over yr ago. I m giving up on tryn to get job cause been turned down so many times
So how do you get felony off record? Help i want to work and noone will give me a chance
A crime is committed, a young man is accused by members of a high school football team and a female witness gives a statement. Young man has alibi, however the football coaches and teachers testify on behalf of the players.
Young mans attorney tells him to take a plea and receives 5yrs. Once in jail the female witness writes letters apologizing for “lying to cover football players”. Now 5yrs later, the young woman uses facebook as another tool to apologize.
The young man claimed innocence but was convienced by his attorney to take a plea because of the witnesses.
This young man was charged with aggravated robbery. Is there anything he can do now? He can not get a job, can not obtain housing, nor attend school. The teachers, coaches, witnesses, and even the public defended sided with the local football players who actually committed the crime.
Discrimination exists because it is downplayed by those who have never experienced true discrimination. Child Support brings out the discrimination in people. Not many have ever heard of let alone read 45 CFR 303.8(b)(1), but everyone knows that chid support is for the best interest of the child. Everyone knows that they, meaning the state can take up to 50% of a non custodial parents pay, but no one has ever read 15 USC 1673(b) to be sure. Everyone has heard of a deadbeat parent. How many have heard of 18 USC 228. As a father I am expected to make sure that my son grows up knowing how to follow the rules, yet expected to just do what I’m told when it comes to the rules, you know, just pay the child support and shut up. I mean it is my child, why should I be questioning taking car of my child right. Society feels that however I am treated is ok as long as I’m taking care of my child, even if that means being denied due process and equal protection of th law. Discrimination violates the Supremacy Clause, why do I as a black man know that?
Judge Mathis, Love your show!. My family has suffered from this discrimination as well. I have been with my boyfriend for a little over 3 years and I am a witness to this type of injustice. My boyfriend has a felony from 1998 for possesion of marijuana,no jail time , whatsoever, and yet it is stll inpossibe for him to get hire. It truly destroys a man pride and dignity unable to provide financially for his family. I sympathize with all of the comments posted on this site. One felony has turn our world upside down. Everyone deserves second chance. How do they expect these men to take care of their children and pay child support if no one will hire them? – Yet they are subjected to penalties , passport or driver license revocation or possible even jail time. It really is an endless cycle of oppression. We’ve have spent countless nights on our needs sending prayers up, our shirts damped from tear jobs. Its not fair- its not right, there needs to be a change. My prayers goes out to the families out there in similar situation. If anyone knows of any employers in the Jacksonville, FL area that are willing to give ex-offenders and opportunity to pursue their dreams, please send me an email at ssmonroe949@gmail.com. Thank-you Judge for the opportunity to share my story with you. God Bless!
Judge Mathis, How are you doing Sir? This is the question I ask everyday, “How does society expect ex-offender to learn from there mistake and see there is a better/ right way of doing things when Society wont give you a second chance or a first chance for some people?” Some people do things because that’s all they know, most people because they cant get a chance in the real world. I don’t think its fair that a person does 10 yrs in jail and then cant get a job for 5 yrs or the job he does get is minimum wage, how does it seem fair? How are you supposed to show that you have changed and learned from what you have done? I’m not saying break your back for ex-offenders but at least do for them what you would for everyone else. A lot of ex offenders have a lot to offer back to society. Most don’t want to see there youth doing the same things that they are doing. I know personally I made a mistake a few years back and i have paid for my mistake. I have had a steady very consecutive work history for the last 13years and i’m 28 yrs old. I have never stopped working since i have started working in my life. in 13 yrs i got fired from one job. My references alone show that i’m a great worker who is dedicated to making sure everyone can grow as a person and at there job. But I cant find work. Even the people around get frustrated because they try just as hard to held me and we come up with nothing. Yes i understand that we had a hand in the decision that we choose and there are consequences to our actions but how long are we suppose to pay for something that the criminal justice system says we have already paid for. Why should i have to take a job making the bare minimal because of what i have done before especially if i’m trying and doing everything i’m supposed to as a responsible person. People are only as strong as there surroundings let them be. By that i mean you can be the most self determined person, strong-minded, focused person happy person but if everyday all you get is rejection, looked upon like your nothing or you efforts are always down played eventually you began to not care about what others think, you put your guard up more, it starts to affect you some way. I feel very strong about this situation not only because i’m in the situation but because we will never be able to really build as people if we don’t get this looked at as a problem. I have a 14 yr old nephew and he has never been in trouble and he is a great determined, focused respectful kid but i know he is in that age where the influences of the world are hard. I don’t want him to make a juvenile mistake (doesn’t even have to be really serious, just things boys do) that brands him for life. Even though its your supposed to learn and better yourself from your mistakes……Where do we go for help? I just want to work. Thank you for letting me share.
I also have struggled with Ex-Offender discrimination since my 1st offense which was 22 yrs. ago when I was 19, for Conspiracy to Commit Armed Robbery, which I served 6mos in jail then 18 mos. in prison. 1 yr. ago I was charged with a new Felony for Accessory after the fact of a felony which I’m currently serving a 4 yr. probation term for but can get off in 1 yr. with good behavior. How do I obtain substantial employment so that I don’t have to depend on assistance from Department of Human Services? My email is tsr_tammy@hotmail.com I’d love to hear back from you and thank you so much for your time. Mrs. Robertson
EX-OFFENDER DISCRIMINATION
I have an associate degree in electronic engineering technology. I have worked in the electronic field which such devices as the first portable computer and MRI both at the development stages, in Silicon Valley. I have a first class F.C.C. license and a universal E.P.A. refrigerant certification. For the past decade I have been in direct sales to consumer and have excelled in this field earning six figure commissions. Although I am a very hard and devoted highly skilled worker. I have made some very bad choices, that makes it hard to pass a background check. I have losted everything, home, cars, savings. I don’t want a handout, but a job that I can use my vast skills to assist my employer to achieve their goals. I only plead for a chance to prove my value.
I recently realized through author Michelle Alexander how serious the problem is for the formely incarcerated to find employment. What can I, an average American citizen do to make a change? I want to help.