Research shows a key factor in preventing a felon from reoffending is having a job. But studies also show half of employers are unwilling to consider an applicant with a criminal background. So-called “ban the box” policies try to close that gap and Alabama legislators could consider such a proposal this session.
It’s a bill that could directly affect Asarahi Muhammed.
She left state prison in February after serving a two-year sentence on a number of identity theft, credit card fraud and forgery convictions. She wants to be back on her feet by July and living with her kids who Muhammed’s mom takes care of right now. That means finding a job.
“I know it’s definitely gonna be harder with a felony looking for a job,” says Muhammed. “Even at McDonalds, you know. It may be harder to get in there.”
Democratic State Senator Quinton Ross says the hurdles felons face finding work is almost like a second prison term. That’s why he believes a ban the box law is needed.
These rules prevent employers from asking about a criminal record in the initial part of the hiring process. Ross plans to re-introduce a ban the box bill in the legislature this session. In most cases, it would stop public and private employers from considering a criminal history until a conditional job offer had been made.
“It doesn’t preclude the fact that employers cannot ask the question,” says Ross. “They can have those discussions later on down the line. But at least to get them to the table, rather than just closing the door in their face as soon as they turn in the application.”
Birmingham Mayor William Bell issued an executive order in February applying ban the box to city hires. The National Employment Law Project, which supports ban the box policies, says 21 states and more than 100 cities and counties have adopted these measures. So have companies such as Target, Walmart, Home Depot and Starbucks.
Clemson University researcher Laura Bogardus studies employment issues. She says because ban the box is relatively new, there’s not good data on its effectiveness in landing former inmates jobs. She says anecdotally, those who are hired are some of the best employees.
“They’re appreciative of the opportunity. They’re appreciative of the chance to prove themselves. They’re appreciative of the chance to support their families,” says Bogardus. “They tend to have a higher retention rate. It’s been good feedback thus far.”
Ban the box may have found support from big corporate names, but it’s a different situation for small businesses says Rosemary Elebash, Alabama director of the National Federation of Independent Business. She says hiring costs business owners valuable time so they need the information from the outset.
“If you’ve got somebody that’s convicted of drunk driving for three times, are you gonna interview them to drive the van for your daycare center to pick up kids after school?” says Elebash.
Elebash says a 2014 survey of her organization’s members found 90 percent opposed ban the box. That doesn’t mean they won’t give people chances they just need to know criminal history upfront says Elebash.
Republicans control the legislature in Alabama and they’re traditionally the party of business. State Senator Cam Ward is active on judicial issues and he thinks there is some appetite for a ban the box bill among fellow Republicans, but not the current proposal. He says paring it down to just public sector hiring might gain more traction.
“I think incremental is much better,” says Ward. “There is still a lot of opposition out there. So I think you’ve got to show people both proponents and opponents that the idea actually works.”
Asarahi Muhammed, the woman who just finished her prison sentence, says a ban the box law in Alabama probably would help her. She says perhaps those who haven’t been to prison don’t understand that people change.
“Just because we get in trouble doesn’t mean that we’re a bad person,” says Muhammed.
She wants understanding and a fresh start.