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An unfortunate fact of our society is that people go to prison.

For one reason or another,


crimes are committed and judiciary steps are taken to protect the rest of us. Eventually, most of
these convicted criminals are released back into society, and that is where the concern comes
in. Released felons search to reenter the workplace and begin life over again. A natural
tendency is for us to fear them because they have committed some heinous crime for which
they should be forever shunned. Is that really true? Why are felons stereotyped as dangerous
and why does that make things difficult for them finding employment?
Some quick definitions to make this article perfectly clear: there is a distinct difference
between jail and prison. A jail is a temporary holding for recently arrested persons or those
convicted of misdemeanor (a minor crime of little value). Jails are county run. Prisons are a
more long term facility and run at a state or federal level. A criminal convicted of a felony
(federal offense or high value crime) or sentenced to a year or more will be placed in a prison.
As of the end of 2012, violent crimes made up 53.8% of total convicted prisoners. That is
a startling statistic, but it has been relatively steady from the mid 90s until 2012. This number
would also easily frighten a potential employer away from the idea of an ex-felon employee.
However, murder and manslaughter comprise only 14% of sentenced prisoners leaving the
remaining 39.8% to crimes such as rape, sexual assault, robbery, and simple assault. This
same study showed property crimes (burglary, larceny, fraud) made up 18.8% of sentenced
prisoners. Again, this is another offense that would be a direct threat to employers.1
A statement by Tammy R. Pettinato written in the Marquette Law Review, Contrary to
the myth that once criminals pay their debt to society they can start afresh, criminal records
typically follow individuals around for the rest of their lives, essentially ensuring that all but the

Carson, E. Ann, Ph.D. Prisoners in 2013. U.S. Department of Justice, 30 Sept 2014. 16.

lucky few will remain on the margins of society.2 This unfortunate stigma is very much present
in our society. What comes to mind when thinking of a released prisoner? What is assumed
about what they did? The statistics previously quoted show that the common assumptions of
violent crime are only half true. It is not accurate for anyone to assume that felon is directly
linked with harmful behavior and should immediately be barred from employment.
What can we know about an ex felon who is searching for employment? These prior
statistics can be interpreted to mean a change of heart and good intentions. People make
mistakes, but those who really try are able to pull themselves up with a little help from the rest of
us. The Congressional Research Service in their most recent publication on offender reentry
stated, The conventional wisdom is that post-release employment is one of the most important
elements for an ex-offender to successfully transition back into the community.3 It is no secret
that they are looking for employment, the same as the rest of us.
The Bureau of Justice Statistics (BJS) reports that since 1990 an average of 590,400
inmates have been released annually from state and federal prisons. 4 This accounts for a
significant percentage of the unemployment in America. The difference is, they have made
serious mistakes. They made mistakes maybe a little bit bigger than everyone else's, but they
are well on the path to becoming a productive member of society if we allow them. While there
is a high percentage of ex-felons returning to prison, that statistic can be helped by a general
knowledge on the part of Americas citizens to understand more fully their situation and judge
accordingly. George W. Bush said in his 2004 State of the Union Address, America is the land

PETTINATO, TAMMY R. "Employment Discrimination Against Ex-Offenders: The Promise And


Limits Of Title YII Disparate Impact Theory." Marquette Law Review 98.2 (2014): 831-879.
Academic Search Premier. Web. 23 Oct. 2015.
2

3Nathan

James. Offender Reentry: Correctional Statistics, Reintegration into the Community,


and Recidivism. Congressional Research Service (2015)
4

Ibid.

of second chances, and when the gates of the prison open, the path ahead should lead to a
better life. We can help make that happen.

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