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Legal Restrictions on Formerly Incarcerated Ohioans Close
Pathways to 1.3 Million Jobs
Special to The Truth
An estimated 1.3 million Ohio jobs are either completely or
partially off limits to Ohioans with previous criminal
convictions. That is one in four of the state's jobs,
according to a new report
from Policy Matters Ohio, in
collaboration with the Ohio Justice and Policy Center and
the Fund for Our Economic Future.
Some 850 state laws and administrative rules – known as
collateral sanctions – limit job opportunities for Ohioans
with convictions who have already served their time,
including for most government jobs, jobs in healthcare and
even some janitorial or food service jobs, according to the
report. An estimated one in 11 Ohio adults is living with a
felony conviction. As many as one in three has a criminal
record of some kind. The barriers to work they face
contributed to at least $3.34 billion in foregone wages last
year.
Many extend to jobs that pose no special risk and ensnare
people whose convictions do not indicate that they pose any
danger – including for minor drug possession charges.
The 1.3 million restricted jobs
pay $4,700 more on average than unaffected positions and are
growing at twice the rate of other jobs.
"It doesn't help working people, employers, or the Ohio
economy to lock people out of so many jobs that could help
them contribute to their families and the economy," said
Michael Shields, researcher at Policy Matters and the
report's lead author.
The typical Ohioan out of work after serving time for a
felony conviction lost $36,479 in wages in 2017, according
to the report.
These sanctions can also
prevent formerly-incarcerated Ohioans from pursuing higher
education.
"This research illuminates the magnitude of the limits posed
by criminal backgrounds and the economic cost of this
barrier to employment," said Peter Truog, director of civic
innovation and insight at the Fund for Our Economic Future,
which helped underwrite the research. "We hope it helps
employers, policymakers and the broader civic community
understand these economic consequences and what's needed to
advance meaningful improvements."
The report recommends that:
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The state legislature eliminate excessive, arbitrary and
confusing collateral sanctions against licensing and
hiring.
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The Certificate of Qualification for Employment process
be made both better understood and more widely
available.
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Prosecutors and criminal defense attorneys account for
collateral sanctions in reaching plea deals, and defense
attorneys fully advise clients.
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Hiring managers use Equal Employment Opportunity
guidelines to weigh all relevant factors when a
prospective employee has a criminal conviction.
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The legislature ban the box for all Ohio jobs while
allowing managers to consider convictions later in the
process.
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Licensing boards track the number and cause of criminal
records-based denials.
"By restricting access to so many jobs for people who have
already paid the penalty for a crime, we can actually make
Ohio less safe, because we leave open few lawful paths to a
decent livelihood," said Pam Thurston, attorney at the Ohio
Justice and Policy Center, and report co-author. "Giving
people the chance to qualify for responsible jobs will
reduce recidivism, reduce public expense, and make Ohio a
fairer place to live."
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