Employment After the Fact

An owner of a jewelry store in need of a new sales associate would not be using his/her best judgment if he/she hired a person who had previously been convicted of robbing jewelry stores. Likewise, the human resources manager of a bank would probably be making a mistake if he/she employed a person who had served a prison sentence for embezzlement.

On the other hand, it would more than likely be safe for the hiring manager of an upscale restaurant to offer a server position to an ex-felon convicted of D.U.I.'s. An individual's driving record should be of very little concern to the owner of a restaurant, fellow employee, or even a customer.

Every citizen who wishes to work should be allowed the opportunity to work; a criminal record should not be used against them where employment is concerned unless the crime that was committed is directly linked to the type of work involved. An arrest record should not label a person in every respect. It is only one piece of a person's composition. Also, an arrest record should not signify a lack of skill or intelligence. For example, a man who robbed a bank does not necessarily lack the skills required to become a plumber.

Many factors are involved as to why a person commits a crime. For some, it is the need for excitement, others may not have had the proper upbringing. The list of reasons is a very extensive one. However, most people who have committed crimes are capable of being reformed or rehabilitated. In many cases, not all, the absence of boredom prevents a person from engaging in illegal activities. Therefore, if an ex-con is productively working for a company, he/she is busy and boredom does not have any room to exist.

In the United States, possession of a controlled substance is illegal; the reason for possession may vary. Depending on the amount and whether or not it is contained in more than one bag, the charge may range from simple possession to possession with intent to distribute. The latter of the two charges implies that the person in possession of the illegal substance had premeditated intentions of selling the product. Obviously, possession with intent to distribute is a more serious charge than that of simple possession. Albeit the sentence received for a charge of distribution is more severe, the end result for both levels of the crime is a life-long record of the same proportion.

In an interview conducted by Frontline, Eric Schlosser, and American journalist and correspondent for the Atlantic Monthly, made a compelling comparison between alcohol and marijuana usage and the way in which society views each.

... the sort of people who smoke, are being disqualified for employment by corporations and government agencies around the country. It's perfectly fine if you've had ten beers, driven drunk, run down the street naked the night before, but as long as you pass your drug test, you're employable. Someone who has smoked a joint in their home on a Saturday night and takes that test a week later can be disqualified for a job.

The above statement is referring only to the use of marijuana, not a conviction. If the use by itself is grounds for termination, a previous conviction of possession is certain to be a brick wall when applying for a job. But not all convicted felons applying for employment are created equal. Some crimes involve violence while others do not. An armed robber of a convenience store is going to have a difficult time if trying to obtain employment at a 7-Eleven. So is the first time offender of possession of a controlled substance. The difference in crimes committed should be recognized and acted upon accordingly by the hiring personnel.

Another point worth considering is reform. Not all people convicted of a crime are going to commit that crime again. Some will. Some won't. Truthfully, there is no real way to know which one will and which one won't, but the felon who completely changes his/her life should be commended and rewarded with the same opportunities that a non-felon has.

One final argument of this issue is the economy and where an ex-con fits in. It makes sense for an ex-felon to work and make his/her own way than it does for the tax payers to support them through welfare programs. Providing employment also prevents more crimes from being committed. People who cannot afford food for their children or themselves are far more likely to rob and steal, thus creating a negative pattern in which they learn to survive. All people have to eat in order to stay alive, and those who have children are responsible for providing food for their children's survival as well. These people must work to earn the wages which purchase the food that is put on the table.

Everybody makes mistakes; some get caught while others do not. The bottom line is that every able bodied person deserves to earn a living. While it is logical that the options in which they have to choose from are limited, they should not be obsolete.