THE JOB GAP ECONOMIC PROSPERITY SERIES

jobs after jail
Ending the prison to poverty pipeline

Feburary 2016

By Allyson Fredericksen & Desiree Omli

The Alliance for a Just Society’s mission is to execute regional and national campaigns
and build strong state affiliate organizations and partnerships that address economic,
racial, and social inequities. www.allianceforajustsociety.org

The Alliance’s Job Gap Economic Prosperity series examines the ability of
working families to move beyond living paycheck-to-paycheck in today’s economy, seeking to understand both the barriers keeping families from achieving
economic prosperity and what actions policymakers can take to help families
and communities thrive. www.thejobgap.org

ALLIANCEFORAJUSTSOCIETY.ORG 206.568.5400 3518 SOUTH EDMUNDS ST., SEATTLE, WA 98118

TABLE OF CONTENTS
Executive Summary............................................................................... 5
Introduction............................................................................................. 7
Background.............................................................................................. 9
National Findings................................................................................... 13
State Findings.......................................................................................... 17
California.............................................................................................................................. 17
Connecticut.......................................................................................................................... 18
District Of Columbia......................................................................................................... 18
Florida.................................................................................................................................... 19
Illinois.................................................................................................................................... 21
Idaho....................................................................................................................................... 21
Louisiana............................................................................................................................... 22
Maine..................................................................................................................................... 22
Massachusetts..................................................................................................................... 23
Michigan............................................................................................................................... 23
Montana................................................................................................................................ 24
New York............................................................................................................................... 26
Oregon.................................................................................................................................... 28
Pennsylvania....................................................................................................................... 30
Texas....................................................................................................................................... 30
Virginia.................................................................................................................................. 31
Washington.......................................................................................................................... 33

Recommendations.................................................................................. 35
Conclusion................................................................................................ 37
Technical notes....................................................................................... 38
Endnotes................................................................................................... 40

There are nowhere near enough living wage jobs to go around in the United
States; workers are trapped in low wage work and unable to make ends
meet. It is even more difficult for those who have been incarcerated to find
work that pays a living wage, as institutionalized barriers to employment
limit the types of jobs available to those with conviction records.

This third report in the 2015-2016 Job Gap Economic
Prosperity Series looks at the barriers those with
conviction records face in finding high-paying jobs and
attaining a measure of financial stability.
In many states and cities, both public and private
employers can include a question on application
materials requiring applicants to disclose whether
or not they have a conviction record. While there is
growing momentum to “Ban the Box,” in most cases
these efforts only ban the box for public employment.
Additionally, there are thousands of regulations across
the country restricting or banning those who have been
incarcerated from employment in specific occupations
and industries. Commonly restricted fields include
health care, law enforcement & security, and legal
services – all industries that can provide relatively high
pay and job stability.
For the 70 million adults with a serious misdemeanor
or felony arrest or conviction record and the hundreds
of thousands more each year released from prison, their
record can be a life sentence of poverty and low wages.

Legislation banning employment in specific occupations
only serves to make it more difficult for those with
records to rebuild their lives after leaving prison.
On average, states have 123 mandatory bans and
restrictions for would-be workers with felony
convictions per state from employment in occupations
or industries, from obtaining certain types of
occupational licenses, and/or from obtaining certain
types of business or property licenses. 10 states have
more than 160 of these regulations, including 248 in
Texas, 258 in Illinois, and 389 in Louisiana. Only nine
states have fewer than 75 regulations.
Examples of restricted occupations include
relatively high paying jobs like pharmacists,
police officers, veterinarians, security guards, and
secondary school teachers.
There are additional regulations for other types of
offenses, and non-mandatory bans and restrictions.
For example, while many states have begun
decriminalizing marijuana and revisiting the severity
of sentences for other drug-related crimes, state

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regulations that restrict employment for controlled
substance crimes continue as barriers for many who
have been caught up in the criminal justice system.
Besides being barred from many job opportunities,
other related collateral consequences of having a
conviction record, including restrictions from access
to government-subsidized housing, food stamps, and
other assistance programs. While not direct barriers to
employment, these restrictions can make it even more
difficult for those without good jobs to get by.
For the 630,000 prisoners released from state and
federal prisons each year, these restrictions only
exacerbate the struggle to make ends meet faced by
workers in states across the country. With minimum
wages falling far short of what a single adult needs
to make ends meet, and not nearly enough jobs to go
around that pay a living wage, these additional barriers
can make it impossible for those who have been
incarcerated to find a good paying job.
With disproportionate arrest rates and longer and
harsher sentencing, people of color are more likely

6	

to be impacted by these barriers than are their white
counterparts. Along with a resurgence of debtors’
prisons and the criminalization of poverty, these
additional barriers serve to reinforce and continue the
existing racial wealth gap, making it even more difficult
for people of color to make ends meet.
There are a variety of tools that can give people with
conviction records a fair shot at making ends meet.
Ban the Box policies banning inquiries into conviction
records on employment applications can help prevent
discrimination in hiring; reviewing and removing
mandatory bans on employment and licensing for
specific occupations can broaden access to more types
of jobs for those with records. Expanding safety net
programs to those with records will also help those
unable to find a living wage job to get by.
When those with convictions are released from prison
after serving their time, they should not be consigned
to a lifetime of low wages and poverty. Everyone
should have the chance to make a better life for
themselves and their families.

Alliance for a Just Society | The Job Gap Economic Prosperity Series

An estimated 70 million people in the United States have a serious
misdemeanor or felony arrest or conviction record that could impact their
ability to find a job.1 Additionally, each year about 630,000 people, on
average, are released from state and federal prisons across the country after
completing their sentence,2 and at the end of 2014 about 4.7 million people
were on parole or probation under community supervision.3 All must find a
way to make ends meet.
It’s hard enough for those who have not been
incarcerated to find a good paying job. For people with
conviction records, finding a good job can be impossible.
At $16.87, the national weighted average living wage
is significantly higher than any minimum wage in the
country.4 Even in the states with a lower living wage,
minimum wage is not enough to allow a single adult to
make ends meet.
As noted in earlier reports in the Job Gap Economic
Prosperity Series, there are not enough good jobs to go
around. This leaves seven job seekers for every one job
that pays at least $15 per hour.5 In some states, there are
even more job seekers for each job opening that pays a
living wage in that state.
Those people with a conviction records, though, have
further barriers to employment. Though the Equal
Employment Opportunity Commission declared that
blanket bans on hiring people with a criminal record are
a civil rights act violation,6 every state in the country has
regulations restricting employment opportunities for
those with a conviction record. On average, states have

123 mandatory restrictions for those with felony records,
in addition to discretionary restrictions and restrictions
for non-felony records. Several states have more than
two hundred restrictions on the books, and Louisiana
has almost 400 restrictions.
Additionally, in many states restrictions bar employment
in occupations and industries that provide good paying
jobs, like health care, law enforcement and security, and
legal services. Without the ability to gain employment
in better paying jobs such as those in these occupation
categories, those with a felony conviction have even less
chance of making ends meet.
A conviction record can also restrict other areas of
life that impact one’s ability to get by. When a person
with a conviction record who cannot attain employment is unable to qualify for affordable housing or
food stamps, making ends meet becomes impossible.
There is a growing awareness that burdensome
restrictions make it nearly impossible to rebuild
a life and make ends meet after release. The
Commonwealth Court in Pennsylvania, for example,

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found that a lifetime ban against working in facilities
such as nursing homes and home health care agencies
was unconstitutional.7 Reviewing and removing such
mandatory employment bans, putting policies like
Ban the Box in place to prevent hiring discrimination,

8	

and ensuring that people with conviction records
have access to important safety net programs are
just some of the tools that can help give people with
conviction records a fair shot at making ends meet.

Alliance for a Just Society | The Job Gap Economic Prosperity Series

BACKGROUND
While all job seekers in the United States face steep odds of finding a
living wage job, those with a conviction record face additional barriers.
Those with conviction records make up a sizable portion of the country’s
population, with disproportionate rates in communities of color.
Disparities in convictions and sentencing for controlled substances and a
resurgence in the criminalization of poverty make it more likely for people
of color to have a conviction record, and therefore even more difficult to
find a job that pays enough to make ends meet.
According to estimates, approximately 70 million
adults in the United States – or about one in three
– have a felony or serious misdemeanor arrest or
conviction record that could be found on a background
check or otherwise be a barrier to employment.8
Additionally, each year an average of about 630,000
people are released from state and federal prison,9
often with few resources or contacts to help find
employment.
While these figures alone are staggering, communities
of color have higher rates of incarceration and
therefore have even higher rates of adults with
a conviction record than the population overall.
Though people of color make up only about 39
percent of the total population,10 they make up
approximately two-thirds of all state and federal
prisoners. 11 In fact, while about one in 87 white men
are currently incarcerated, black men and Latinos
have significantly higher rates of one in 12 and one in
36, respectively.

Not only do people of color make up a disproportionate
share of the prison population, they are also more
likely to have harsher and longer sentences. As ACLU
notes, “Black and Latino offenders sentenced in state
and federal courts face significantly greater odds of
incarceration than similarly situated white offenders and
receive longer sentences than their white counterparts
in some jurisdictions.”12 And, in 2009, though blacks
represented only about 13 percent of the country’s total
population, they represented nearly a third of those
sentenced with life in prison and more than half of those
serving life without the possibility of parole.13
As the ACLU notes, “Race matters at all phases and
aspects of the criminal process, including the quality of
representation, the charging phase, and the availability
of plea agreements, each of which impact whether
juvenile and adult defendants face a potential [life
without the possibility of parole] sentence.”14 High
rates of imprisonment lead to high rates of people of
color with a criminal record that could impact their
employment prospects, as well.

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One area in which people of color have especially
been targeted and seen harsher sentencing is
controlled substances. While white adults are more
likely “to have used most kinds of illegal drugs,
including cocaine, marijuana and LSD,” people

of color are more likely to be arrested for drug
possession.22 Though blacks represent only 12 percent
of drug users, they comprise more than one-third of
those arrested for drug offenses and more than half of
those in state prison for a drug offense.23 Additionally,

BAN THE BOX
Throughout the country, those with conviction records are required to check a box
noting their criminal history when applying for jobs. This box has had significant
consequences for the employment prospects of formerly incarcerated people.
As the National Employment Law Project notes, many prospective applicants are discouraged from even
applying for work due to the box, and employers often arbitrarily toss out any applications with the box
checked.15 This is despite the fact that blanket bans on hiring those with criminal records is a Civil Rights
Act violation.16
This discrimination compounds existing discrimination in hiring. As reported in the American Journal of
Sociology, “while the ratio of callbacks for nonoffenders relative to ex-offenders for whites is 2:1, this same
ratio for blacks is nearly 3:1. The effect of a criminal record is thus 40% larger for blacks than for whites.” 17
Campaigns across the country for fair chance hiring and “Ban the Box” legislation aim to help eliminate at
least this initial barrier to employment for those with conviction records. Over 100 cities and 20 states have
enacted fair chance and “Ban the Box” legislation, and President Obama recently took a first step toward
changes at the federal level.18 These policies eliminate the inquiry into a person’s criminal history during the
initial application phase, when it is most likely to impact employment decisions.19 Some jurisdictions do not
check a person’s criminal history until a conditional offer is made, and other jurisdictions go a step further
and only conduct a background check for certain positions.
However, the majority of legislation applies only to public employees. Only 21 jurisdictions out of
over 120 that have adopted this policy apply this employment practice to private employers within
that jurisdiction.20 The majority of locations that have enacted these policies have only applied it to
government positions, leaving many of the private employers able to discriminate against those with a
conviction record.
Additionally, some ban the box laws have exemptions for certain jobs. For example, Jacksonville, Florida,
exempts positions that require a physician’s license, positions that require membership in the state bar, and
law enforcement or corrections positions21 — many of which may be high paying positions.
Even with these limitations, though, fair chance hiring and “Ban the Box” legislation can be an important
step in removing barriers to employment for those with convictions.

10	

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“for nonmarijuana felony drug offenses, Latinos were
14 percent more likely than whites to receive plea
offers including jail or prison time.”24

and communities of color are targeted for low-level
citations, and those citations can quickly lead to high
levels of debt to the courts.28

The War on Drugs has exacerbated the problem,
with higher sentences for the types of drugs more
likely to be used by communities of color25 and
three strikes laws that leave judges with little to
no discretion in sentencing.26 Even misdemeanor
drug offenses can restrict employment options, and
these offenses can also bar access to food stamps,
subsidized housing, and other support programs.
27
So, disproportionate convictions and harsher
sentences for people of color not only impact their
time in the criminal justice system, but restrict their
ability to make ends meet years later.

In turn, these debts can lead to suspended drivers’
licenses and jail time. Additionally, some offenders
may turn to other illegal activities to acquire the funds
to pay off their court debts,29 which can lead to more
serious consequences and employment restrictions.
And, as most offenders leave prison with some level
of debt from fines, fees, restitution, and/or interest,30
the ability to make ends meet is especially important to
avoid a cycle of debt and prison.

The criminalization of poverty and resurgence of
debtors’ prisons can also lead to convictions that
impact employment and benefits, and like controlled
substance arrests, disproportionately impact people
of color. As discussed in the recent Alliance brief
“Debtors’ Prisons Redux,” low-income communities

INDIRECT EMPLOYMENT CONSEQUENCES
OF CONVICTION RECORDS
While employment-related consequences of conviction records directly restrict employment through bans on
employment or on specific licenses, there are also other consequences of having a conviction record that restrict a
person’s ability to make ends meet. For example, a controlled substance conviction can cause a person to have his
or her driver’s license revoked,31 preventing that person from getting to work, as can unpaid court fines and fees.32
In addition, access to public housing and other public benefits can prove to be difficult to obtain. For some
individuals, these benefits provide the stability they need in order to obtain and maintain employment.
In November 2015, the Department of Housing and Urban Development announced that arrest records
cannot be used to deny affordable housing.33 However, individuals can be barred from public housing
programs including the Section 8 housing choice voucher program and Section 8 project-based rental
assistance programs for certain convictions. Under federal law, a person who is subject to lifetime registration
on a sex offender registry in any state is prohibited from all federally funded housing programs.34 Drug and

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alcohol use and abuse, as evidenced by, among other things, a recent controlled substance conviction or a
pattern of controlled substance convictions, may also affect a person’s ability to obtain housing.35 In fact,
entire families can be denied housing or evicted if one member has a drug conviction.36
Research analyzing “the alcohol, drug, and criminal history provisions governing access to public housing” 37 of
40 housing authorities found that 37 ban applicants for drug-related activities for various lengths of time, 37 ban
applicants for alcohol abuse or nonviolent criminal activity for various lengths of time, and two directly mention
incarceration (without reference to the reason for incarceration) as a reason to exclude that applicant.38
In addition to housing, Temporary Assistance for Needy Families (TANF) and food stamps (SNAP) benefits
may be unavailable to individuals convicted of certain crimes. Federal law prohibits individuals who have
been convicted for certain felony drug offenses from receiving these benefits.39 However, states are allowed to
modify or opt out of this lifetime ban policy.40 Twelve states have adopted a lifetime ban for TANF benefits for
individuals who have been convicted of a felony for possession, use or distribution of illegal drugs including
Texas and Virginia; 27 states have modified disqualifications including California, Connecticut, Florida,
Idaho, Louisiana, Maine, Massachusetts, Michigan, Montana, Pennsylvania; and only 11 states and the
District of Columbia have opted out of the ban entirely including Washington, Oregon, and New York.41 SNAP
benefits are unavailable on a lifetime basis to individuals in 12 states including Virginia and 18 states have
modified disqualifications including Connecticut, Idaho, Louisiana, Michigan, and Montana.42
People coming out of prison also face hurdles in obtaining health insurance. Most states terminate
Medicaid eligibility for people in prison,43 so those who are eligible must begin the process anew once they
are released, making it more likely there will be a gap in coverage. However, states can suspend coverage,
instead of termination. Additionally, as is the case in legislation passed in New Mexico, Medicaid-eligible
inmates can “be given the opportunity to apply before release.”44 Such actions can help ensure that those
leaving prison who are Medicaid-eligible have no gap in coverage.

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NATIONAL FINDINGS
In addition to discrimination and barriers put in place by employers
such as the criminal record check-box on employment applications, those
with conviction records are often banned from employment in certain
occupations and industries, many of which provide high-paying jobs.
All 50 states and Washington, D.C. have legislation
restricting employment for those with felony
conviction records (for any type of felony), as well
as restrictions on employment for non-felony

convictions including controlled substances. These
are in addition to mandatory restrictions for other
types of misdemeanors, and discretionary restrictions
for felonies and for specific types of misdemeanors,

DEFINITIONS
MANDATORY RESTRICTIONS ON EMPLOYMENT
In this report, mandatory restrictions on employment include three types of regulations: mandatory bans
on types of employment; mandatory bans on professional licenses and certifications needed to access
specific types of employment; and mandatory bans on business and related licenses needed to access
specific types of employment. Restrictions are often on specific fields or places of business, such as nursing
homes, but can also include specific occupations such as dentists or police officers.

OCCUPATION CATEGORIES
Because many regulations restrict fields rather than specific occupations, all regulations for 16 states and
Washington, D.C. were coded with general occupational categories, rather than specific occupations. These
categories are similar to those from the Bureau of Labor Statistics, with some differences to occupations in
similar fields that would otherwise be in separate categories.
More information can be found in the Technical Notes section of this report.

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which are not analyzed in this report.In total, there

In addition to these restrictions, there are also 112

are over 6,000 mandatory employment restrictions for

mandatory federal restrictions. These regulations restrict

felonies, with an average of 123 restrictions per state.

employment in a number of different occupations, such

Every state has at least 41 mandatory restrictions on

as employment as a nuclear power security personnel,

record, and several states have more than two hundred

employment requiring a loan originator license,

restrictions. Louisiana far exceeds the number of

employment or contract with the Federal Deposit

restrictions in any other state, with 389 mandatory

Insurance Corporation (FDIC), and employment as a

restrictions.

passport acceptance agent, among others.

45

TABLE 1

REGULATIONS RESTRICTING EMPLOYMENT FOR PEOPLE
WITH A FELONY CONVICTION, BY STATE
Restriction Category

Employment

Occupational
and Professional
License and
Certification

Business
License
and Other
Property
Rights

Alabama

93

52

34

101

Alaska

62

54

18

75

Arizona

113

88

45

133

Arkansas

115

56

33

120

California

94

94

67

171

Colorado

81

41

22

97

Connecticut

51

30

23

57

Delaware

114

83

37

129

District of Columbia

72

35

21

75

Florida

147

102

67

168

Georgia

86

59

48

147

Hawaii

37

16

19

41

Idaho

128

57

43

145

Illinois

143

77

122

258

Indiana

138

102

43

160

Iowa

50

28

37

74

Kansas

80

28

40

91

Kentucky

135

72

22

141

Louisiana

300

84

127

389

Maine

79

28

25

88

Maryland

87

40

35

109

Massachusetts

61

26

32

70

Michigan

64

34

32

94

Minnesota

62

34

33

78

Jurisdiction

14	

Total*

Alliance for a Just Society | The Job Gap Economic Prosperity Series

TABLE 1 - CON’T

REGULATIONS RESTRICTING EMPLOYMENT FOR PEOPLE
WITH A FELONY CONVICTION, BY STATE
Restriction Category

Employment

Occupational
and Professional
License and
Certification

Business
License
and Other
Property
Rights

Mississippi

89

49

41

104

Missouri

100

48

31

110

Montana

57

35

19

61

Nebraska

100

62

37

112

Nevada

57

28

25

88

New Hampshire

222

128

95

240

New Jersey

96

53

51

125

New Mexico

43

39

35

88

New York

96

58

63

149

North Carolina

102

71

40

120

North Dakota

35

24

11

41

Ohio

220

118

65

224

Oklahoma

179

86

46

193

Oregon

88

47

38

100

Pennsylvania

72

34

43

119

Rhode Island

30

28

35

74

South Carolina

52

31

38

83

South Dakota

44

31

20

52

Tennessee

152

87

50

172

Texas

226

133

81

248

Utah

101

61

48

115

Vermont

39

19

21

41

Virginia

80

40

55

127

Washington

38

48

40

96

West Virginia

133

90

42

143

Wisconsin

100

83

88

161

Wyoming

79

27

13

83

Jurisdiction

Total*

*Because many regulations include restrictions in multiple restriction categories, totals do not reflect the sum of the three categories.
Source: American Bar Association Criminal Justice Section

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While occupations that are banned vary some
from state to state, there are some categories of
occupations that come up in many states. Health care,
law enforcement, and legal services – all relatively
high-paying fields – are some of the most commonly
restricted occupation categories.

These categories also include occupations in the top
60 occupations with the most projected job openings,
like licensed vocational nurses, police officers, and
lawyers.46 Restrictions in these occupations can
impose a significant burden and restrict higher-wage
employment for those with conviction records.

TABLE 2

COMMONLY RESTRICTED OCCUPATION CATEGORIES
Percent of Openings With
Median Wage Less Than
$15 per Hour

Category

Average Wage*

Number of
Openings**

Law Enforcement & Security

$19.66

114,710

41.5%

Health Care
Legal Services

$24.60
$42.72

508,900
33,390

34.7%
0.0%

**Weighted average of median wages in all occupations within the BLS category most closely matching the Occupation Category
**Total number of projected openings in all occupations within the BLS category or categories most closely matching the Occupation Category
Source: Bureau of Labor Statistics

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STATE FINDINGS
While every state in the country restricts employment in some way for those
with felony convictions, specific restrictions vary by state. Additionally, nonfelony convictions including those for controlled substances can also be cause
for restriction from employment.
The following provides a more detailed look at the restrictions faced by those
with felony convictions and controlled substance convictions in 16 states and
in Washington, D.C. Additionally, stories from individuals with conviction
records illustrate the difficulties faced when a conviction record stands in the
way of making ends meet.

CALIFORNIA
Each year an average of nearly 93,000 people
are released from prison in California. State
regulations make it nearly impossible for many
of them, and others with conviction records, to
find good paying employment.
In California, there are 171 mandatory restrictions
on employment for people with felony convictions.
People with controlled substance convictions are
subject to 67 mandatory employment restrictions.
The employment category with the most
restrictions in California is Health Care, with
34 mandatory restrictions for any felony.
Occupations restricted in that category include
good-paying jobs like Licensed Vocational Nurses,
which has a median wage of $24.86 per hour.

171
TABLE 3

Categories of Employment with the Most
Restrictions in California
Category

# of Restrictions

Health Care
Gaming
Legal Services
Law Enforcement & Security
Transportation

34
14
13
11
5

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CONNECTICUT
Each year an average of nearly 6,000 people are
released from prison in Connecticut. State regulations make it nearly impossible for many of them,
and others with conviction records, to find good
paying employment.
In Connecticut, there are 57 mandatory restrictions
on employment for people with felony convictions.
People with controlled substance convictions are
subject to 31 mandatory employment restrictions.

57

TABLE 4

Categories of Employment with the Most
Restrictions in Connecticut

The employment category with the most
restrictions in Connecticut is Law Enforcement
& Security, with nine mandatory restrictions
for any felony. Occupations restricted in that
category include jobs like Security Guards,
which has a median wage of $13.35 per hour.

Category

# of Restrictions

Law Enforcement & Security

9

Gaming

6

Bail Bonds

5

Government

3

Charitable Organizations

3

Legal Services

3

DISTRICT OF COLUMBIA
Regulations in the District of Columbia make it
nearly impossible for many people with conviction
records to find good paying employment.
In the District of Columbia, there are 75 mandatory
restrictions on employment for people with
felony convictions. People with controlled
substance convictions are subject to 53 mandatory
employment restrictions.
The employment category with the most
restrictions in the District of Columbia is Health
Care, with 13 mandatory restrictions for any felony.
Occupations restricted in that category include
good-paying jobs like Pharmacists, which has a
median wage of $55.19 per hour.

18	

75
TABLE 5

Categories of Employment with the Most
Restrictions in District of Columbia
Category

# of Restrictions

Health Care
Law Enforcement & Security
Legal Services
Government
Education

13
7
5
4
4

Alliance for a Just Society | The Job Gap Economic Prosperity Series

FLORIDA
Each year an average of nearly 33,000 people
are released from prison in Florida. State
regulations make it nearly impossible for many
of them, and others with conviction records, to
find good paying employment.
In Florida, there are 168 mandatory restrictions on
employment for people with felony convictions.
People with controlled substance convictions are
subject to 77 mandatory employment restrictions.

168

TABLE 6

The employment category with the most
restrictions in Florida is Banking, with
19 mandatory restrictions for any felony.
Occupations restricted in that category include
good-paying jobs like Mortgage Brokers, which
has an average salary of $49,995 per year in
Florida, according to PayScale.47

Categories of Employment with the Most
Restrictions in Florida
Category

# of Restrictions

Banking & Financial Services
Health Care
Legal Services
Insurance
Law Enforcement & Security

19
17
15
15
12

People weren’t judging me based
on who I was at the time, but
instead on who I had been – over
a decade prior.
CHARLES MCKINNEY | EATONVILLE, FLORIDA
In 1972 I ended my first and only period of
incarceration. When I walked out of prison I
brought a life sentence of limited opportunities
with me. Back then people referred to men like
me as ‘jailbirds’, and as a ‘jailbird’ I knew it would
be tough to find someone willing to take a chance
on employing me. 

My expectations were low and I set my sights on
entry level, manual labor jobs where the need for
workers was great enough for them to overlook a
prior conviction. I was able to find a job working
in construction, and was given an interview on
the spot, never having to fill out an application or
have a background check done. 

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The wages were low and the work was hard, but
I was happy to have an opportunity to work. I
saw every opportunity, no matter how small, as
a reward from God for not turning back to the
lifestyle that got me in trouble. 
Several years in the construction field began to
take a toll on my body and I began to look for a job
where I could get off my feet. It was during this
transitional period that I first encountered the
criminal conviction question on job applications
and began to understand what everyone in prison
had warned me about. People weren’t judging me
based on who I was at the time, but instead on
who I had been – over a decade prior.
After several rejections and having countless
applications ignored, I was finally able to land a
job as a truck driver. The company I drove for was
willing to take a chance on me and they never
regretted it.

20	

In 2011 I had the opportunity to take over our
family business from my parents and I now own
Trinity Laundry in the small town of Eatonville,
Florida. Eatonville is the oldest African American
town in the nation and the childhood home of
author Zora Neale Hurston. While the town is rich
in history, it is severely lacking in opportunities. 
With over a quarter of the town living below the
poverty line, running a business in Eatonville
is about more than making money. I want to
provide a service that my community needs at
a reasonable price and offer a friendly ear to my
customers and neighbors. Every time I unlock the
doors of the Laundromat in the morning, I am
reminded that while I made a big mistake 40 years
ago, good things can still happen to me. 

Alliance for a Just Society | The Job Gap Economic Prosperity Series

IDAHO
Each year an average of more than 4,000
people are released from prison in Idaho. State
regulations make it nearly impossible for many
of them, and others with conviction records, to
find good paying employment.
In Idaho, there are 145 mandatory restrictions on
employment for people with felony convictions.
People with controlled substance convictions are
subject to 24 mandatory employment restrictions.
The employment category with the most
restrictions in Idaho is Health Care, with
71 mandatory restrictions for any felony.
Occupations restricted in that category include
good-paying jobs like Veterinarians, which has a
median wage of $37.98 per hour.

145

TABLE 7

Categories of Employment with the Most
Restrictions in Idaho
Category

# of Restrictions

Health Care
Child Care
Food & Beverage
Law Enforcement & Security
Accounting

71
16
7
5
5

ILLINOIS
Each year an average of more than 30,000
people are released from prison in Illinois. State
regulations make it nearly impossible for many of
them, and others with conviction records, to find
good paying employment.
In Illinois, there are 258 mandatory restrictions on
employment for people with felony convictions. People with controlled substance convictions are subject
to 88 mandatory employment restrictions.
The employment category with the most restrictions
in Illinois is Law Enforcement & Security, with 29
mandatory restrictions for any felony. Occupations restricted in that category include good-paying jobs like
Police Officers, which has a median wage of $34.43 per
hour. Additionally, there are 43 regulations restricting
employment with government agencies and serving
on commissions and other elected offices, such as
serving on the fire protection district board.

258
TABLE 8

Categories of Employment with the Most
Restrictions in Illinois
Category

# of Restrictions

Law Enforcement & Security
Health Care
Gaming
Education
Banking & Financial Services

29
22
20
12
8

Alliance for a Just Society | The Job Gap Economic Prosperity Series	

21

LOUISIANA
Each year an average of more than 17,000
people are released from prison in Louisiana. State
regulations make it nearly impossible for many of
them, and others with conviction records, to find
good paying employment.
In Louisiana, there are 389 mandatory restrictions
on employment for people with felony convictions.
People with controlled substance convictions are
subject to 102 mandatory employment restrictions.
The employment category with the most restrictions in Louisiana is Health Care, with 58 mandatory restrictions for any felony. Occupations
restricted in that category include good-paying
jobs like Registered Nurses, which has a median
wage of $28.29 per hour. Additionally, there are 151
regulations that restrict serving on commissions
and other elected offices, such as serving on the
Veterans’ Affairs Commission.

389
TABLE 9

Categories of Employment with the Most
Restrictions in Louisiana
Category

# of Restrictions

Health Care

58

Gaming
Government
Law Enforcement & Policing
Notary Services

14
12
12
4

MAINE
Each year an average of nearly 1,000
people are released from prison in Maine. State
regulations make it nearly impossible for many
of them, and others with conviction records, to
find good paying employment.
In Maine, there are 88 mandatory restrictions on
employment for people with felony convictions.
People with controlled substance convictions are
subject to 33 mandatory employment restrictions.
The employment category with the most
restrictions in Maine is Health Care, with
34 mandatory restrictions for any felony.
Occupations restricted in that category include
good-paying jobs like Chiropractors, which has
a median wage of $30.22 per hour.

22	

88

TABLE 10

Categories of Employment with the Most
Restrictions in Maine
Category

# of Restrictions

Health Care
Law Enforcement & Security
Education
Banking & Financial Services
Animal Control

40
7
3
3
3

Alliance for a Just Society | The Job Gap Economic Prosperity Series

MASSACHUSETTS
Each year an average of nearly 3,000 people are
released from prison in Massachusetts. State
regulations make it nearly impossible for many of
them, and others with conviction records, to find
good paying employment.
In Massachusetts, there are 70 mandatory
restrictions on employment for people with
felony convictions. People with controlled
substance convictions are subject to 22
mandatory employment restrictions.
The employment categories with the most restrictions in Massachusetts are Gaming and Law Enforcement & Security, with nine mandatory restrictions each for any felony. Occupations restricted
include good-paying jobs like Police Officer, which
has a median wage of $29.14 per hour.

70

TABLE 11

Categories of Employment with the Most
Restrictions in Massachusetts
Category

# of Restrictions

Gaming
Law Enforcement & Security
Government
Health Care
Education

9
9
5
5
3

MICHIGAN
Each year an average of more than 12,000
people are released from prison in Michigan.
State regulations make it nearly impossible
for many of them, and others with conviction
records, to find good paying employment.
In Michigan, there are 94 mandatory restrictions
on employment for people with felony
convictions. People with controlled substance
convictions are subject to 74 mandatory
employment restrictions.

94

TABLE 12

Categories of Employment with the Most
Restrictions in Michigan
Category

# of Restrictions

Health Care
14
The employment category with the most
Legal Services
9
restrictions in Michigan is Health Care, with
Law Enforcement & Security
9
14 mandatory restrictions for any felony.
Gaming
6
Occupations restricted in that category include
Transportation
5
those involving employment or contract work
at a nursing home, county medical care facility,
hospice, hospital, home for the aged, or home health agency, many of which pay good wages. Additionally, there are
14 regulations that restrict serving on commissions and other elected offices, such as serving in the state legislature.

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23

MONTANA
Each year an average of more than 2,000 people
are released from prison in Montana. State
regulations make it nearly impossible for many of
them, and others with conviction records, to find
good paying employment.

61

TABLE 13

In Montana, there are 61 mandatory restrictions
on employment for people with felony
convictions. People with controlled substance
convictions are subject to 46 mandatory
employment restrictions.

Categories of Employment with the Most
Restrictions in Montana

The employment category with the most
restrictions in Montana is Law Enforcement
& Security, with nine mandatory restrictions
for any felony. Occupations restricted in that
category include good-paying jobs like public
safety officers, including Police Officers,48 which
has a median wage of $22.79 per hour.

Category

# of Restrictions

Law Enforcement & Security
Transportation
Gaming
Food & Beverage
Legal Services
Health Care

9
5
4
3
3
3

Child Care

3

The most difficult moment I faced
checking ‘The Box’ was on my
college application.

MELISSA SMYLIE | GREAT FALLS, MONTANA
Montana has “The Box” – and I am all too familiar
with it. I am one of the jobseekers required to
check that box every time I apply for a job. I am a
formerly incarcerated, returning citizen.
The most difficult moment I faced checking
“The Box” was on my college application. Most

24	

people don’t even bother applying for college –
a felony conviction makes it nearly impossible
to get into college.
I had to provide three letters of recommendation; a
complete criminal background report – including
traffic tickets – and I had to meet with the dean for

Alliance for a Just Society | The Job Gap Economic Prosperity Series

an interview to size me up. I was finally accepted
and I am proud to say that I am a top student. I
will graduate this year with a degree in paralegal
studies and a minor in political science.
I’ve been out of prison for six years and work
hard to be an example to my two daughters: one
is grown and one is in middle school. Both know
that their mom is hard working, serious, and
firmly dedicated to justice and registering people
to vote – especially parolees, low-wage workers
and low-income single parents like myself.
In Great Falls, there are employers who hire only
parolees because they can take advantage of them.
Wage theft is a big problem. One employer regularly
changes workers’ hours at the end of the week, even
though employees punch a time clock. Sometimes,
they are told to punch out early, but finish their
work – which can take another hour or so.

Even though I was promised an assistant manager
position, I was passed over twice because I
refused to work off the clock. By under-reporting
hours, the store manager makes his labor costs
look better and he enjoys a larger profit-sharing
bonus – at a cost to his employees.
Most returning citizens are unaware of their
voting rights. I help register voters at the
prerelease center. In Montana, you can vote as
long as you’re not in prison. The center director
scolded me once for helping people understand
their rights. She said: “We have to supervise these
people. Why would we advocate for them?” That
is easy to answer: “Because it’s the law and they
are eligible!”
People need to know the facts and the challenges
of being a returning citizen. My suffering was a
sacrifice I needed to make to improve the lives of
others.

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25

NEW YORK
Each year an average of nearly 24,000 people are
released from prison in New York. State regulations
make it nearly impossible for many of them, and
others with conviction records, to find good paying
employment.
In New York, there are 149 mandatory
restrictions on employment for people with
felony convictions. People with controlled
substance convictions are subject to 643
mandatory employment restrictions.
The employment category with the most
restrictions in New York is Health Care, with
16 mandatory restrictions for any felony.
Occupations restricted in that category include
good-paying jobs like Pharmacists,1 which has a
median wage of $57.10 per hour.

1	

The regulation restricting those with felony convictions from pharmacist-related employment is not limited
to Pharmacists, nor does it include all Pharmacists. The regulation only pertains to employment with manufacturers or
distributors of controlled substances not intended for human
or animal consumption.

26	

149
TABLE 14

Categories of Employment with the Most
Restrictions in New York
Category

# of Restrictions

Health Care
Law Enforcement & Security
Legal Services
Gaming
Education
Hazardous Materials

16
15
10
10
5
5

Alliance for a Just Society | The Job Gap Economic Prosperity Series

I have probably applied for well
over 100 jobs in the last year. I
know that at least 40 of them
turned me down because of my
race – and my record.
EARL T. EDWARDS, SR. | KINGSTON, NEW YORK
I am a 43-year-old African American man born in
Harlem. I have been living in Kingston since 2004.
I was just a year away from earning my business
degree from Marist College in Poughkeepsie when
I had to serve a one-year sentence at Adirondack
Correctional Facility. I was released last September,
and have been struggling since to regain my
employment stability – and my life.
I have probably applied for well over 100 jobs in the
last year. I know that at least 40 of them turned me
down because of my race – and my record.
I live in a studio apartment and work as a selfemployed event coordinator. I love working with
people, and this job makes good use of my business
skills – but the work is sporadic and I have to
scramble to make ends meet financially.
On nights when I don’t have events I work as a
security guard at our local bars. I try to do some
landscaping work during the day when possible.
Sometimes that means I get to bed at 3 a.m. and have
to be up at 7 a.m. to get a ride to the landscaping job.
I don’t have a car, so I have to rely on walking, rides,
and borrowing cars from friends and family to get
to my jobs. Working nights also puts me at risk of
violating my curfew – and my parole.
I can make up to $800 a night working events, and

$120 a night on the security jobs. The landscaping
work pays about $10 or $15 an hour. It sounds like
a good income, but I can’t count on the availability
of work.
A good portion of my income goes to child support
for my four children. The rest goes to rent and
utilities, then whatever little bit is left goes for
hygiene items and laundry. As a single man and
formerly incarcerated, I don’t qualify for Section
8 housing, however, I do get about $400 a month
toward rent – which is about half of the total cost
per month. I get Medicaid and food stamps as well.
It’s impossible to save for emergencies –
sometimes just making it through to the next day
is an emergency. I’d love to continue my education
and become a substance abuse counselor, but
tuition is impossible.
Just to have a single, consistent job that pays a
living wage and lets me get home earlier would
really help bring some stability into my life, relieve
the stress and depression I feel, and let me provide
more financial security for my kids.
We are dealt these cards in life and the system
is fixed, so you have to figure out how to work
around it. You have to put yourself into a better
position to win.

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27

OREGON
Each year an average of nearly 5,000 people
are released from prison in Oregon. State
regulations make it nearly impossible for many
of them, and others with conviction records, to
find good paying employment.

100

TABLE 15

In Oregon, there are 100 mandatory restrictions
on employment for people with felony
convictions. People with controlled substance
convictions are subject to 77 mandatory
employment restrictions.

Categories of Employment with the Most
Restrictions in New York

The employment category with the most
restrictions in Oregon is Health Care, with
23 mandatory restrictions for any felony.
Occupations restricted in that category include
good-paying jobs like Mental Health Counselors,
which has a median wage of $24.25 per hour.

Category

# of Restrictions

Health Care

23

Transportation
Child Care
Gaming
Law Enforcement & Security
Insurance

10
6
5
4
4

Legal Services

4

It’s been more than 10 years since I was
incarcerated and returned to society and it’s
been a real struggle finding employment.
EMANUEL PRICE | PORTLAND, ORE.
My name is Emanuel Price and I live in Portland,
Ore. When I was 19 years old and just finishing
up my sophomore year in college, I did something
stupid, got caught, and went to prison. I served
four-and-a-half years in Oregon prisons before
being released. Even though this crime was 19

28	

years in my past, it still haunts me today.
I work so hard now, to take responsibility for what
happened, and to also make the best of my life
after my conviction. It’s been years since I was
incarcerated and returned to society and it’s been

Alliance for a Just Society | The Job Gap Economic Prosperity Series

a real struggle finding employment. Not because
I’m ill-equipped or not qualified, but because my
background inhibits my forward progress.
Even after I continued my education and was
trained in conflict resolution, my criminal record
held me back from finding a job that even paid
minimum wage, much less the living wage I
needed to support my family.
There were so many times when I would fill out
a job application and as soon as I turned it in, I
could read the body language when they saw that

I had a criminal record. I could see the look on
their face. I knew that look—I wasn’t going to get
that job – I wasn’t even going to get an interview.
And this cycle repeated over and over for ten long,
challenging years.
Eventually I decided to start my own non-profit,
Second Chances Are For Everyone. I know my
experience isn’t unique, and that everyone who
has served their time is just looking for a fair
chance to find a job with a decent wage that allows
us to take care of ourselves and our families.

Alliance for a Just Society | The Job Gap Economic Prosperity Series	

29

PENNSYLVANIA
Each year an average of more than 18,000 people
are released from prison in Pennsylvania. State
regulations make it nearly impossible for many
of them, and others with conviction records, to
find good paying employment.
In Pennsylvania, there are 119 mandatory restrictions on employment for people with felony
convictions. People with controlled substance
convictions are subject to 73 mandatory employment restrictions.
The employment category with the most
restrictions in Pennsylvania is Law Enforcement
& Security, with 20 mandatory restrictions for any
felony. Occupations restricted in that category
include good-paying jobs like Police Officer,
which has a median wage of $28.92 per hour.

119
TABLE 16

Categories of Employment with the Most
Restrictions in Pennsylvania
Category

# of Restrictions

Law Enforcement & Security

20

Gaming
Transportation
Government
Legal Services

19
16
10
5

TEXAS
Each year an average of nearly 73,000 people
are released from prison in Texas. State
regulations make it nearly impossible for many
of them, and others with conviction records, to
find good paying employment.
In Texas, there are 248 mandatory restrictions on
employment for people with felony convictions.
People with controlled substance convictions are
subject to 75 mandatory employment restrictions.
The employment category with the most
restrictions in Texas is Health Care, with
55 mandatory restrictions for any felony.
Occupations restricted in that category include
good-paying jobs like Optometrists, which has a
median wage of $46.82 per hour.

30	

248
TABLE 17

Categories of Employment with the Most
Restrictions in Pennsylvania
Category

# of Restrictions

Health Care

55

Law Enforcement & Security
Legal Services
Education
Government

15
11
10
8

Alliance for a Just Society | The Job Gap Economic Prosperity Series

VIRGINIA
Each year an average of more than 12,000
people are released from prison in Virginia. State
regulations make it nearly impossible for many
of them, and others with conviction records, to
find good paying employment.
In Virginia, there are 127 mandatory restrictions on
employment for people with felony convictions.
People with controlled substance convictions are
subject to 76 mandatory employment restrictions.
The employment category with the most
restrictions in Virginia is Education, with 34
mandatory restrictions for any felony. Occupations
restricted in that category include any public or
private school employment, which includes goodpaying jobs like Secondary School Teachers, which
has a median wage of $27.78 per hour.

127
TABLE 18

Categories of Employment with the Most
Restrictions in Virginia
Category

# of Restrictions

Education

10

Child Care
Transportation
Law Enforcement & Security
Real Estate

9
9
8
6

Legal Services

6

I’m qualified to do more, but
the job market and the way it’s
set up – your background can
affect employment.
KOREY JOHNSON | PRINCE WILLIAM COUNTY, VIRGINIA
I am an African American husband and father.
I have a wife and four children – three boys and
a girl. I have lived in Prince William County,
Virginia for 25 years -- my mom and brother live
here, and my family is settled here. But, it has
been difficult for me to find work here because of
my criminal history.

I plan to eventually go to law school and get a
degree in either civil law or constitutional law.
But for now I work at a restaurant in Maryland
where I’m the assistant general manager. I’m
qualified to do more, but the job market and
the way its set up – your background can affect
employment.

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31

My first experience with the law came over
a bounced check of $19. I paid off the fines,
but I missed my court date. Since Virginia has
“mandatory minimums,” I was given a 10-day
sentence. It was the first time I came in contact
with the system.

The people in this community are great – but
the over-policing is a huge problem. I have been
stopped 56 times by the police since I have lived
here. Every time I get in the car, I fear that I’m
going to be stopped or harassed. It’s a huge stress
factor.

I had more trouble later. I ended up with three
convictions of Driving While Intoxicated within 10
years, which is an automatic felony in Virginia. My
driver’s license was suspended because I couldn’t
pay child support, which I couldn’t pay because I
was unemployed, in part because of my existing
criminal record.

We even had to put cameras in my van because
of the constant harassment. I’m not sure why
they do it, maybe it’s retaliation because I’ve filed
complaints.

I’ve done my time, but I still have issues with
background checks; some employers used Lexus
Nexus or Insight to check my background, which
has prevented me from getting a lot of jobs.
I also still have a very restricted driver’s license;
I can only drive an hour in the morning to get to
work and an hour at night to go home. I have an
hour commute from Virginia to Maryland, so there
aren’t any options to go anywhere else. It would be
great if I could take public transportation to work,
but it’s just not feasible.

32	

I speak out about issues. What’s the point of having
a light if you keep it under the table? If you have a
light you have to bring it to the top of the hill and
let it shine on everything.
We need to speak out about the need to ban the
box on job applications. Our governor in Virginia
has taken good steps for state job applications, but
we need all employers to follow that lead.
We need our candidates and our elected officials
to be confronted with those issues and speak up
about them – along with racial profiling and better
wages – or nothing is ever going to change.

Alliance for a Just Society | The Job Gap Economic Prosperity Series

WASHINGTON
Each year an average of more than 18,000
people are released from prison in Washington.
State regulations make it nearly impossible
for many of them, and others with conviction
records, to find good paying employment.
In Washington, there are 96 mandatory
restrictions on employment for people with
felony convictions. People with controlled
substance convictions are subject to 65
mandatory employment restrictions.

96
TABLE 19

The employment category with the most
restrictions in Washington is Health Care, with
15 mandatory restrictions for any felony. In
that category, people with felony convictions
are ineligible for temporary practice permits
for a variety of good-paying jobs, including
Optometrists, which has a median wage of
$50.12 per hour.

Categories of Employment with the Most
Restrictions in Virginia
Category

# of Restrictions

Health Care

15

Banking & Financial Services
Legal Services
Law Enforcement & Security
Transportation

7
6
6
6

Some places I applied to were
direct in their rejection, others
were more subtle.

GREGORY BORIS | SEATTLE, WASHINGTON
When I was released from prison last August,
I was determined to turn my life around. I had
served for the last 12 years and had resolved to
learn from past mistakes and make something of
myself. I knew it would be hard, especially for me

because I have gang tattoos on my face and on
one hand.
I was upfront with potential employers, mostly
because my tattoos generally bring up certain

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33

questions. But also, I didn’t want to hide my past.
Some places I applied to were direct in their rejection,
others were more subtle.
In all, I applied to dozens of jobs for weeks
without anything to show for it. Some who leave
prison would have given up by this time and
returned to their old ways. That’s how so many
people end up right back where they started:
behind bars.
I’m estranged from my family. I still speak to
them and they know that I’m out of prison, but I
let them down so many times their trust will have
to be regained. For now, I am on my own.

34	

Luckily my story is on its way to having a happy
ending. I found someone who was willing to give
me a chance and let me prove myself. I cook on
a Hawaiian food truck. They liked me so much I
also cook in the same owner’s restaurant. Both
the truck and the restaurant are full-time jobs so
all I do is work. It’s exhausting, but I’m happy to
be looking at a better future.
It is still very much an uphill battle, as it is for
so many people who have served time, because
of the way the system is set up. It’s a battle I am
taking one day at a time.

Alliance for a Just Society | The Job Gap Economic Prosperity Series

RECOMMENDATIONS
In states across the country, the consequences of a conviction record continue
long after release from prison. The following tools can help ensure that those
with a conviction record have a fair chance at finding a living wage job.

Eliminate lifetime legislative bans to employment.
Lifetime bans to employment in specific occupations
only serve to keep people with records from rebuilding
their lives, especially when the bans have no
connection to the offense and there have not been
repeated offenses. Eliminating lifetime bans would give
people with records a better chance at reintegrating
into society and eventually finding a good paying job.
Review and/or remove other mandatory legislative
restrictions to employment. Mandatory bans,
especially those that ban anyone with a felony
conviction, can significantly impact the ability of
people with conviction records to find stable, highpaying employment. This is especially true for bans
that apply to all felonies, regardless of whether the
felony has any relation to the occupation in question.
Eliminating mandatory bans would, at minimum, give
employers more discretion and allow those who have
served their time a fair shot at making ends meet.
Ban the Box: remove inquiries into convictions for
public and private employment at the state and federal
level. Eliminating the conviction history checkbox on
employment applications can significantly increase
the chance of those with records receiving interviews

and, ultimately, jobs. While Ban the Box policies do
not prevent employers from using background checks
to influence hiring decisions, such policies can help
ensure that those with records are not discriminated
against from the beginning of the employment
process. Eliminating the conviction history checkbox
from applications for employment with the federal
government and for federal contractors would
be a significant step in eliminating employment
discrimination for those with conviction records.
Implement strong enforcement of Ban the Box
policies. Without enforcement and a structure for
processing complaints, many employers will continue
to discriminate against those with records by including
an inquiry into conviction records on employment
applications. Consequences should be strong enough
to deter employers from violating the ordinance. Such
consequences can include things like cancellation
of government contracts, lawsuits (if the ordinance
applies to private employers), and/or significant fines.
Reform legal financial obligation (LFO) policies.
Legal financial obligations, including court fees and
fines as well as fees assessed during incarceration,
can be a significant financial burden upon release

Alliance for a Just Society | The Job Gap Economic Prosperity Series	

35

from prison. Reforms including limiting the amount
of LFOs, including automatic fees; capping interest
rates applied to outstanding LFOs; and establishing
clear criteria for determining ability to pay49 could
help ensure that such fines and fees do not serve as an
additional barrier for those with conviction records to
making ends meet.

companies that either make an explicit effort to hire
those with conviction records or that have structures
in place to prevent discrimination against those with
conviction records. Contracted companies that do
not meet wage requirements and/or are found to
discriminate against those with conviction records
should lose their contracts.

Increase the minimum wage to at least $15 per hour
and eliminate the tipped minimum wage. Nearly half
of all jobs in the country pay less than $15 per hour,
so increasing the minimum wage and eliminating
the tipped minimum wage will help workers in any
job. Until other policies are amended to ensure that
those with conviction records are not barred from
employment in traditionally higher-paying jobs, a
higher base wage would help those who find a job stay
out of poverty.

Ensure that those with conviction records are
eligible for safety net programs. While some
people with conviction records have family or other
support structures to help them get by until they find
employment, many have no support upon release.
Additionally, because many can only find low-wage
employment, additional supports like subsidized
housing are still necessary. When safety net programs
like housing vouchers and food stamps exclude those
with conviction records, it can make it impossible for
those with records to even scrape by, let alone find
any measure of financial security. Additionally, those
who are eligible for benefits such as Medicaid and food
stamps should be able to enroll prior to release.

Invest in businesses that pay high wages and employ
those with criminal records. Federal, state, and local
contracts should be tied to wages and ensure that
contracted workers are paid enough to make ends
meet. Additionally, though, subsidies should go to

36	

Alliance for a Just Society | The Job Gap Economic Prosperity Series

CONCLUSION
For the 70 million adults with a serious misdemeanor or felony arrest or
conviction record and the hundreds of thousands more each year released
from prison, their record can be a life sentence of poverty and low wages.
Legislation banning employment in specific occupations only serves to make
it more difficult for those with records to rebuild their lives after leaving
prison.
Instead of pushing those with conviction records to the margins, and
preventing them from making ends meet, policies should help give all workers,
including those who have been incarcerated, a fair shot at financial stability.

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37

TECHNICAL NOTES
EMPLOYMENT
RESTRICTIONS ANALYSIS
Restricted occupation categories was completed
based on data from the American Bar Association
Criminal Justice Section’s National Inventory of the
Collateral Consequences of Criminal Convictions.50
Counts of restrictions by state and detailed
analyses were based on mandatory restrictions for
all felonies in the following database categories:
Employment; Occupational and professional license
and certification; and business license and other
property rights.

OCCUPATION
CATEGORY ANALYSIS
Occupation categories were developed from the
employment restriction data for 16 states and
Washington, D.C. Occupations were coded by field,
rather than by activity to produce broad categories that
differ from other occupational or industry categories,
such as those from the Bureau of Labor Statistics. For
example, security guards, police officers, and security
alarm technicians are in the same category (Law
Enforcement and Security).

same occupation, since these are largely invisible to
the average job seeker. Also not included, for similar
reasons, are job openings for unpaid family workers
and self-employment.
Though occupation categories in this report do not
exactly match those by the Bureau of Labor Statistics,
the number of job openings for Law Enforcement &
Security, Health Care, and Legal Services are based
on the most comparable categories from Occupational
Employment Projections 2012-2022 data from the
Bureau of Labor Statistics.

AVERAGE MEDIAN
WAGE ANALYSIS
Wage analysis for Law Enforcement & Security, Health
Care, and Legal Services are based on the weighted
average - based on number of projected openings - of
median wages for occupations in the most comparable
categories from the Bureau of Labor Statistics.

JOB OPENINGS ANALYSIS
Job openings include the following:
•	

Job openings due to growth — the result of new
jobs being created by new or existing firms.

•	

Job openings due to replacement — the result of
people retiring, entering school or the military,
moving across state boundaries, changing
occupations, or otherwise leaving the occupation
in which they currently work.

The analysis does not include job openings that result
from people changing employers but remaining in the

38	

Alliance for a Just Society | The Job Gap Economic Prosperity Series

ABOUT THE AUTHORS
Allyson Fredericksen is a Senior Policy Analyst at the Alliance. Allyson has
produced state and national reports on living wage standards, student debt,
Medicaid expansion, women’s access to healthcare, and the foreclosure
crisis. Her research has been featured in local and national media outlets
including the New Yorker, Bloomberg BNA, the Huffington Post, Seattle
Times, Puget Sound Business Journal, Portland Business Journal, and more.
Allyson holds an M.A. in Policy Studies from the University of Washington
with a focus on racial justice and the safety net. Her prior experience
includes advocating for increased affordable housing and a strengthened
safety net, and research on training outcomes for child care workers in
Washington State.

Desiree Omli is a Policy Intern at the Alliance. Desiree is a graduate
student in the Master of Public Administration program at Seattle
University. Her focus is on public policy within the criminal justice
system, specifically reentry, juvenile justice, and eliminating racial
disparities. Desiree holds a B.A. in political science and communications
from the University of Washington, and graduated cum laude from
California Western School of Law. Prior to transitioning to public policy,
Desiree worked at the San Diego Office of the Public Defender and at the
Northwest Defenders Division in Seattle.

ACKNOWLEDGMENTS
This study has benefited from contributions from the following: Kathy Mulady, Libero Della Piana, and Jill Reese
of the Alliance for a Just Society.
The authors would also like to thank Design Action for their work with layout and graphics design.
Finally, the authors want to thank the organizers at Alliance affiliates for collecting stories and releasing the
report, and the storytellers for providing us with a glimpse into the tough realities faced by those with conviction
records trying to make ends meet.

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39

ENDNOTES)
1	

Ensellem, M. & Ziedenberg, J. (2015). “Strategies
for full employment through reform of the
criminal justice system.” Center on Budget and
Policy Priorities. http://www.cbpp.org/research/
full-employment/strategies-for-full-employmentthrough-reform-of-the-criminal-justice

8	 Ensellem, M. & Ziedenberg, J. (2015). “Strategies for
full employment through reform of the criminal
justice system.” Center on Budget and Policy
Priorities. http://www.cbpp.org/research/fullemployment/strategies-for-full-employmentthrough-reform-of-the-criminal-justice

2	 Author’s analysis of conditional and unconditional
release data from Carson, E & Mulako-Wangota,
J. (2015). “Count of Total Releases 2010-2014.”
Bureau of Justice Statistics. Generated using the
Corrections Statistical Analysis Tool (CSAT) Prisoners at www.bjs.gov.

9	 Author’s analysis of conditional and unconditional
release data from Carson, E & Mulako-Wangota,
J. (2015). “Count of Total Releases 2010-2014.”
Bureau of Justice Statistics. Generated using the
Corrections Statistical Analysis Tool (CSAT) Prisoners at www.bjs.gov.

3	 Bonczar, T., Kaeble, D., & Maruschak, L. (2015).
“Probation and parole in the United States, 2014.”
Bureau of Justice Statistics. http://www.bjs.gov/
index.cfm?ty=pbdetail&iid=5415

10	 Catalyst (2014). “Quick take: People of color in
the United States.” http://www.catalyst.org/
knowledge/women-color-united-states-0

4	 Fredericksen, A. (2015). “Pay up! Long hours and
low pay leave workers at a loss.” Alliance for a
Just Society. https://jobgap2013.files.wordpress.
com/2015/10/pay-up-revised-final.pdf
5	 Fredericksen, A. (2015). “Patchwork of paychecks:
A shortage of full-time living wage jobs leaves
workers scrambling to make ends meet.”
Alliance for a Just Society. https://jobgap2013.
files.wordpress.com/2015/12/patchwork_of_
paychecks.pdf
6	 Wright, K. (2013). “Boxed in: How a criminal record
keeps you unemployed for life.” The Nation. http://
www.thenation.com/article/boxed-how-criminalrecord-keeps-you-unemployed-life/
7	

40	

Johnson, C. (2015). “Pa. court: Unconstitutional
to bar employment due to criminal record.”
National Public Radio. http://www.npr.
org/2015/12/30/461500728/penn-courtunconstitutional-to-bar-employment-due-tocriminal-record

11	 Author’s analysis of Bureau of Justice Statistics
(2015) “Estimated sentenced state and federal
prisoners per 100,000 U.S. residents, by sex,
race, Hispanic origin, and age, December 31,
2014.” Generated using the Corrections Statistical
Analysis Tool at www.bjs.gov.
12	 American Civil Liberties Union (2014). “Written
submission of the American Civil Liberties Union
on racial disparities in sentencing.” Submitted to
the Inter-American Commission on Human Rights.
13	 American Civil Liberties Union (2014). “Written
submission of the American Civil Liberties Union
on racial disparities in sentencing.” Submitted to
the Inter-American Commission on Human Rights.
14	 American Civil Liberties Union (2014). “Written
submission of the American Civil Liberties Union
on racial disparities in sentencing.” Submitted
to the Inter-American Commission on Human
Rights. https://www.aclu.org/sites/default/files/
assets/141027_iachr_racial_disparities_aclu_
submission_0.pdf

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15	 Polk, Z. (2015). “Best practices in fair-chance
enforcement.” National Employment Law Project.
http://www.nelp.org/publication/best-practicesin-fair-chance-enforcement/

codeswitch/2014/07/17/332075947/study-revealsworse-outcomes-for-black-and-latino-defendants
25	 Political Research Associates (2005). “Defending
justice: An activist resource kit – How is

16	 Wright, K. (2013). “Boxed in: How a criminal record
keeps you unemployed for life.” The Nation. http://
www.thenation.com/article/boxed-how-criminalrecord-keeps-you-unemployed-life/

the criminal justice system racist?” http://

17	 Pager, D. (2003). “The mark of a criminal record.”
American Journal of Sociology 108(5). http://scholar.
harvard.edu/files/pager/files/pager_ajs.pdf

26	 The Leadership Conference. “Justice on Trial.”

18	 National Employment Law Project (2015).
“Ensuring people with convictions have a fair
chance to work.” http://www.nelp.org/campaign/
ensuring-fair-chance-to-work/

27	 American Bar Association Criminal Justice

19	 Pager, D. (2003). “The mark of a criminal record.”
American Journal of Sociology 108(5). http://scholar.
harvard.edu/files/pager/files/pager_ajs.pdf

28	 Fredericksen, A. & Lassiter, L. (2015). “Debtors’

20	 Rodriguez, M., & Mehta, N. (2015). “Ban the box:
U.S. cities, counties, and states adopt fair hiring
policies to reduce barriers to employment of people
with conviction records. National Employment
Law Project. http://www.nelp.org/content/
uploads/Ban-the-Box-Fair-Chance-State-andLocal-Guide.pdf
21	 Jacksonville, Florida Ordinance 2008-911-E.
http://nelp.3cdn.net/875d685220c2b5cbd2_
gcm6bn5wh.pdf
22	 Knafo, S. (2013). “When it comes to illegal drug
use, white America does the crime, black America
gets the time.” Huffington Post. http://www.
huffingtonpost.com/2013/09/17/racial-disparitydrug-use_n_3941346.html
23	 NAACP. “Criminal justice fact sheet.” http://www.
naacp.org/pages/criminal-justice-fact-sheet
24	 Demby, G. (2014). “Study reveals worse outcomes
for black and Latino defendants.” National
Public Radio. http://www.npr.org/sections/

www.publiceye.org/defendingjustice/pdfs/
factsheets/10-Fact%20Sheet%20-%20System%20
as%20Racist.pdf

http://www.civilrights.org/publications/justiceon-trial/sentencing.html

Section (2015). National Inventory of the Collateral
Consequences of Criminal Conviction. http://
abacollateralconsequences.org/

prisons redux: How legal loopholes let courts
across the country criminalize poverty.” Alliance
for a Just Society. http://allianceforajustsociety.
org/issues/criminalization-of-poverty/
29	 Carter, M. & Adcock, C. (2015). “Prisoners of
debt: Justice system imposes steep fines, fees.”
Oklahoma Watch. http://oklahomawatch.
org/2015/01/31/justice-system-steeps-manyoffenders-in-debt/
30	 Rosenberg, T. (2011). “Paying for their crimes,
again.” The New York Times. http://opinionator.
blogs.nytimes.com/2011/06/06/paying-for-theircrimes-again/?_r=0
31	 American Bar Association Criminal Justice
Section (2015). National Inventory of the Collateral
Consequences of Criminal Conviction. http://
abacollateralconsequences.org/
32	 Fredericksen, A. & Lassiter, L. (2015). “Debtors’
prisons redux: How legal loopholes let courts
across the country criminalize poverty.” Alliance
for a Just Society. http://allianceforajustsociety.
org/issues/criminalization-of-poverty/

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41

33	 Albright, L. (2016). “HUD: Arrests cannot be used
to deny affordable housing.” People’s World. http://
www.peoplesworld.org/hud-arrests-cannot-beused-to-deny-affordable-housing/
34	 McCarty, M., Falk, G., Ailson Aussenberg, R., &
Carpenter, D. (2015). “Drug testing and crimerelated restrictions in TANF, SNAP, and housing
assistance.” Congressional Research Service.
https://www.fas.org/sgp/crs/misc/R42394.pdf
35	 McCarty, M., Falk, G., Ailson Aussenberg, R., &
Carpenter, D. (2015). “Drug testing and crimerelated restrictions in TANF, SNAP, and housing
assistance.” Congressional Research Service.
https://www.fas.org/sgp/crs/misc/R42394.pdf
36	 Mock, B. (2015). “Should people with criminal
histories be banned from public housing?” CityLab.
http://www.citylab.com/crime/2015/09/shouldpeople-with-criminal-histories-be-banned-frompublic-housing/406015/
37	 Curtis, M., Garlington, S., & Schottenfeld, L. (2013).
“Alcohol, drug, and criminal history restrictions
in public housing. Cityscape: A Journal of Policy
Development and Research, 15(3). http://www.
huduser.gov/portal/periodicals/cityscpe/
vol15num3/ch2.pdf
38	 Curtis, M., Garlington, S., & Schottenfeld, L. (2013).
“Alcohol, drug, and criminal history restrictions
in public housing. Cityscape: A Journal of Policy
Development and Research, 15(3). http://www.
huduser.gov/portal/periodicals/cityscpe/
vol15num3/ch2.pdf
39	 McCarty, M., Falk, G., Ailson Aussenberg, R., &
Carpenter, D. (2015). “Drug testing and crimerelated restrictions in TANF, SNAP, and housing
assistance.” Congressional Research Service.
https://www.fas.org/sgp/crs/misc/R42394.pdf
40	 McCarty, M., Falk, G., Ailson Aussenberg, R.,
& Carpenter, D. (2015). “Drug testing and crimerelated restrictions in TANF, SNAP, and housing

42	

assistance.” Congressional Research Service.
https://www.fas.org/sgp/crs/misc/R42394.pdf
41	 McCarty, M., Falk, G., Ailson Aussenberg, R., &
Carpenter, D. (2015). “Drug testing and crimerelated restrictions in TANF, SNAP, and housing
assistance.” Congressional Research Service.
https://www.fas.org/sgp/crs/misc/R42394.pdf
42	 McCarty, M., Falk, G., Ailson Aussenberg, R., &
Carpenter, D. (2015). “Drug testing and crimerelated restrictions in TANF, SNAP, and housing
assistance.” Congressional Research Service.
https://www.fas.org/sgp/crs/misc/R42394.pdf
43	 Alliance for a Just Society (2015). “Making Medicaid
part of the welcome home from prison.”
44	 Ibid.
45	 Author’s analysis of American Bar Association
Criminal Justice Section (2015). National Inventory
of the Collateral Consequences of Criminal
Conviction. http://abacollateralconsequences.org/
46	 Author’s analysis of data from the Bureau of
Labor Statistics.
47	 PayScale. “Mortgage broker salary and benefits: My
personal salary report.” http://www.payscale.com/
mypayscale.aspx?app=SalaryAndBenefits&pid=3
3d71284-7c07-4a5d-8bae-035b3eba575c
48	 Montana Dept. of Justice. “Becoming a public safety
officer.” https://dojmt.gov/post/applicant-new/
49	 Fredericksen, A. & Lassiter, L. (2015). “Debtors’
prisons redux: How legal loopholes let courts
across the country criminalize poverty.” Alliance
for a Just Society. http://allianceforajustsociety.
org/wp-content/uploads/2015/11/DebtorsPrisons-Redux-FINAL.pdf
50	 American Bar Association Criminal Justice
Section (2015). National Inventory of the Collateral
Consequences of Criminal Convictions. http://
abacollateralconsequences.org/ 

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