Administration withdraws proposal to require federal job-seekers to disclose diversions

The Washington Post reports that the White House has directed the Office of Personnel Management (OPM) to drop its proposal to expand the types of criminal records that must be disclosed by applicants seeking federal jobs and contracting work.  OPM’s proposal, which we described in March, would have required applicants for federal jobs and contracting work to disclose participation in pretrial diversion programs in the last 7 years.

In March, we launched our non-conviction records project, a major study of the public availability and use of non-conviction records – including arrests that are never charged, charges that are dismissed, deferred and diversionary dispositions, and acquittals.  The appearance of these records in background checks can lead to significant discrimination against people who have never been convicted of a crime, and result unfairly in barriers to employment, housing, education, and many other opportunities.  Our letter opposing the OPM proposal cited our research on diversions and pointed out that while “state lawmakers, judges, and prosecutors favor diversionary dispositions in appropriate cases to help people avoid the restrictions and stigma of a conviction, OPM’s proposal disfavors them by treating them like convictions.”

We are pleased to see the administration quash this ill-advised proposal, in the face of opposition from advocates on the left and right, lawmakers from both parties, and prosecutors and public defenders.  At a time of growing consensus in Congress and the states about the need to prioritize rehabilitation and reintegration for individuals with a criminal record, the federal government should be moving to reduce the collateral consequences of diversion (as Indiana and Wisconsin did in 2018 when they prohibited licensing boards from considering arrests not resulting in conviction, or California and Nevada did in 2017 when they prohibited employers from considering an applicant’s successful completion of diversion).

While every state legislature has in some way addressed the problem of reintegration since 2012, Congress has not enacted any laws dealing with the problems presented by collateral consequences for more than a decade.  Now is the time for federal action in support of reintegration, as the withdrawal of the OPM proposal evidently recognizes.

New reports document federal progress on collateral consequences

The Presidential Memorandum that formally established the Reentry Council in April 2016 mandated a report documenting the Council’s accomplishments to date and plans moving forward.  The resulting report, The Federal Interagency Reentry Council: A Record of Progress and a Roadmap for the Future, was issued today.

Also today the White House issued a fact sheet with new commitments to the Fair Chance Business Pledge.

Finally, the Justice Department released a National Reentry Week After Action Report

We will be taking a close look at these reports on the federal government’s recent efforts to address collateral consequences, and expect to post the results of our review shortly.

 

 

White House criticizes occupational licensing restrictions

Occupational licensing requirements pose more of a barrier to employment than ever before, and perhaps no group of the population has been more affected by these barriers than people with criminal histories.  About 25% of the country’s workforce is now employed in a field that requires a state occupational license, and many of these licenses take criminal history into account for eligibility or retention purposes.  As a result, a record number of people with criminal records — many of whom have devoted their lives to a particular occupation or profession — are finding it difficult or impossible to earn a living in their chosen field.

Now the White House is weighing in on the issue, saying that “Policymakers should refrain from categorically excluding individuals with criminal records, and instead should only exclude those individuals whose convictions are recent and relevant, and pose a legitimate threat to public safety.” The White House’s urging appears in a new report aimed at curtailing the “inconsistent, inefficient, and arbitrary” burdens that current occupational licensing systems can place on workers, employers, and consumers.” Read more

Glenn Martin’s “prison-like” White House experience

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The Crime Report published this report about Glenn Martin’s recent experience as an invited guest at the White House, described in Glenn’s open letter to the President, giving further details of the treatment he received and describing the Administration’s response.

Glenn Martin’s “prison-like” White House experience

July 2, 2015 09:01:56 am

Two weeks after criminal justice advocate Glenn Martin was nearly denied access to a White House event he was invited to, he’s still waiting for an explanation.

In a widely distributed “open letter” to President Barack Obama last week, Martin revealed that he was required to have a special escort in order to enter the White House complex for a discussion with senior officials on breaking down barriers facing ex-prisoners.

Martin, who is one of the country’s leading advocates for ending those barriers, is an ex-inmate himself. Now head of JustLeadershipUSA, he served time for a robbery conviction 20 years ago—and has since achieved national prominence for his work with former prisoners.

Although he was invited to the meeting, along with a select group of advocates, scholars, elected officials and law enforcement authorities, he was treated as a security risk.

“The staggering symbolism of the ordeal was not lost on me, Mr. President,” Martin wrote in the June 25 letter to Obama and Secret Service Director Joseph Clancy.

“In a country where 65 million people have a criminal record on file, being selectively barred from entering the White House for a discussion about those very same people was as insulting as it was indicative of the broader problem.”

Read more

White House escort insults and humiliates people with a record

June 25, 2015
President Barack Obama
1600 Pennsylvania Avenue Northwest
Washington, DC 20500

Dear President Obama,

I write to you as a national leader, criminal justice reform advocate, and founder of JustLeadershipUSA, a bold new organization dedicated to cutting the US correctional population in half by 2030 on the guiding principle that those closest to the problem are closest to the solution.

Recently, I had the honor of participating in a strategic planning initiative that addressed both the intersection of, and possible remedies to, the issues of gun violence, policing, and mass incarceration in the United States.  On Wednesday, June 17, 2015, George Washington University Law School served as host to a select group of civil rights and religious leaders, scholars, elected officials, law enforcement officials and foundation officers brought together by The Joint Center for Political and Economic Studies and The Joyce Foundation.

Our day culminated with an invitation to join members of your domestic policy staff in the Eisenhower Executive Office Building for a discussion about their work on these issues. A day of thoughtful and inspired dialogue, however, quickly turned into one of needless humiliation and stigma for me. As each of my colleagues received green passes granting them immediate access, I received a pink ID bearing the label: “Needs Escort.” Its inspiration was quickly and unsurprisingly confirmed: anyone with a criminal conviction requires an escort at all times on the White House grounds. The staggering symbolism of the ordeal was not lost on me, Mr. President. In a country where 65 million people have a criminal record on file, being selectively barred from entering the White House for a discussion about those very same people was as insulting as it was indicative of the broader problem.

Along with millions of others, I have watched with tremendous pride and optimism as your administration has stated that our carceral policies are patently counterproductive. Further, those policies disproportionately target communities of color, running roughshod over our declared principles of justice, fairness, and proportionality in the process. I submit to you that the treatment I received as an invited White House guest, and by extension all others with prior convictions, further erodes the life of those principles. In your letters of commutation you have concluded, “Remember that you have the capacity to make good choices. By doing so, you will affect not only your own life, but those close to you. You will also influence, through your example, the possibility that others in your circumstances get their own second chance in the future.” This counsel is as applicable to our nation’s corridors of power as it is to our most travailed citizens. The work of the mature democracy is to organize itself in such a way that best enables that process without undue hardship.

Along my journey to national advocacy, I’ve disabused myself of several of our national delusions, the most poignant being the myth of the voiceless masses who require the spokesmanship of a noble and courageous few. I never met any of the alleged voiceless during my incarceration, only the deliberately silenced. In the corridors of our nation’s highest office, I found my voice and my person restricted in an agonizingly similar way to that which I encountered in prison. Rather than being debilitated, I walked away further emboldened and hopeful that when guided by a commitment to justice, power might listen.

There is strong evidence to believe that is the case. In your March interview with David Simon you stated rightfully: “Part of the challenge is going to be making sure, number one, that we humanize what so often on the local news is just a bunch of shadowy characters and tell their stories.” There is no expression capable of fully capturing how uplifting these remarks are for millions of our country’s men and women. In the spirit of that conviction, I humbly request a meeting with myself and a select group of other formerly incarcerated leaders at your earliest convenience.

Sincerely,

Glenn E. Martin
Founder and President
JustLeadershipUSA