Crime and Unemployment
By Mark Schultz and Rachel Vilsack
September 2011
PDF of article
Former offenders face many barriers to employment after their release from prison.
Imagine yourself staring through the window of an electronically controlled steel door, looking at the outside world and asking, “How am I going to find work?” That is a question asked by many people in Minnesota prisons every day. In fact, 7,633 residents of state correctional institutions walked out free men and women in 2010, almost 2,000 people more (a 35 percent increase) than the number released in 2005 (see Tables 1 and 2).
Table 1
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Number of Released by Offense Type in Minnesota
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|
Offense Type
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2005
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2006
|
2007
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2008
|
2009
|
2010
|
|
Sex Offense
|
679
|
667
|
743
|
744
|
667
|
700
|
|
All Other Person Offenses
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1,252
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1,247
|
1,339
|
1,376
|
1,422
|
1,628
|
|
Property Offense
|
1,368
|
1,356
|
1,420
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1,327
|
1,272
|
1,395
|
|
Methamphetamine Offense
|
636
|
826
|
759
|
759
|
719
|
793
|
|
All Other Drug Offenses
|
889
|
982
|
942
|
807
|
925
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1,089
|
|
DWI Offense
|
110
|
216
|
389
|
506
|
577
|
583
|
|
Other/Unknown
|
746
|
871
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954
|
951
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1,144
|
1,445
|
|
Total
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5,680
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6,165
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6,546
|
6,470
|
6,726
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7,633
|
|
Source: Minnesota Department of Corrections. The data do not include releases of short-term offenders (those serving less than one year because of violations).
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Table 2
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Number of Releases by Age Group in Minnesota
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Age Group
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2005
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2006
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2007
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2008
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2009
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2010
|
|
Under 21
|
191
|
189
|
192
|
145
|
177
|
202
|
|
21-24
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1,026
|
1,117
|
1,033
|
998
|
971
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1,231
|
|
25-29
|
1,172
|
1,251
|
1,444
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1,391
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1,428
|
1,585
|
|
30-34
|
895
|
947
|
995
|
1,027
|
1,080
|
1,296
|
|
35-39
|
894
|
948
|
969
|
903
|
976
|
1,021
|
|
40-44
|
771
|
773
|
863
|
867
|
807
|
852
|
|
45-49
|
421
|
536
|
627
|
680
|
729
|
744
|
|
50-54
|
193
|
249
|
252
|
275
|
336
|
413
|
|
55-59
|
81
|
94
|
97
|
115
|
132
|
181
|
|
60-64
|
19
|
35
|
51
|
38
|
51
|
77
|
|
65 and Over
|
17
|
26
|
23
|
31
|
39
|
31
|
|
Total
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5,680
|
6,165
|
6,546
|
6,470
|
6,726
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7,633
|
|
Source: Minnesota Department of Corrections. The data do not include releases of short-term offenders (those serving less than one year because of violations).
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While there is little data available on the labor force participation rate of former offenders, some studies indicate three-fourths of ex-offenders remain jobless up to a year after their release.1] With an economy recovering from a significant recession and a high surplus of job seekers, this population likely will be overlooked by employers. So, as more people are released from correctional facilities in Minnesota, the population of unemployed ex-offenders is likely to grow.
Barriers to Employment
Some may think these individuals made poor decisions, served their time, were rehabilitated, and are ready and eager to become tax-paying members of Minnesota’s labor force. While this might be true, having a criminal background is one of the greatest barriers a person can face when looking for work.2]
Criminology research confirms the difficulty that former offenders encounter when searching for a job[3] Research also provides evidence that employers, despite stating they would hire an individual with a criminal record, often choose not to after finding out about a criminal past[4] What we see then are high numbers of people leaving prisons each year and entering a labor market where employers deny jobs to otherwise qualified applicants. This phenomenon partially accounts for the growing number of unemployed people with criminal backgrounds.
Crime and Employment
Research points to a link between unemployment or underemployment and crime. Researchers found significant evidence that the longer an individual spends unemployed, the more likely he or she is to re-offend[5] Conversely, those who found employment in stable jobs were less likely to commit further offenses. Unfortunately, when ex-offenders do find work, it is usually low-quality and poorly paid employment. Not only does employment decrease the probability of re-offending, there is evidence that recidivism is less likely among former offenders in high-quality jobs[6]
Table 3
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Misconceptions About Ex-Offenders
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|
Untrustworthy
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Threatening
|
|
Dangerous
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Poor attitude
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|
Deceptive
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Don’t care
|
|
Not intelligent
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Not dependable or reliable
|
|
No skills
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No computer skills
|
|
Won’t stay with employer
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Low stress tolerance
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Poor communication skills
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Don’t think before acting
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Chemically dependent
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Mean/rude
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What Can Providers Do?
Employment service providers often work with clients to end the cycle of crime and find quality employment. While there is a common and enduring belief in society that nothing can be done to assist ex-offenders[7] the reality is that much can be done to help them.
Table 4 shows some issues ex-offenders face after release. Because of the multi-faceted nature of the issues, employment counselors are just one part of the strategy for helping ex-offenders find work. Other state and local agencies may be critical to the process, including human services, probation agents, counselors and mental health practitioners, and child care providers. Employment counselors must communicate and work together with their ex-offender clients and other service providers to increase the chances that these clients succeed.
Table 4
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Needs and Issues of Newly Released Offenders
and Some Individuals with Criminal Records
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Proof of identification
(i.e., driver’s license or state ID)
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Child care
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Attitude problems
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Legal issues
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|
Family issues
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Support systems
|
|
Mental/medical health
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Lack of short/long term goals
|
|
Financial/housing
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Skills and employment plans
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|
Transportation
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Job search and preparation
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Another important role for employment service providers is to establish contacts and networks within companies and use them to help educate and keep businesses informed of the benefits of hiring people with less-than-perfect backgrounds. This provides opportunities to dispel misconceptions among employers, such as viewing ex-felons as unskilled, dangerous, or a liability. These perceptions are often false. Part of the reason ex-offenders often are such productive workers is they are highly motivated to fit back into civilian life. Many of these people have more to lose than the average person (their freedom) and thus have a higher stake in conforming to society norms or the business culture[8]
Table 5 illustrates some benefits of hiring someone with a felony background. Two of the most tangible points for employers are the Work Opportunity Tax Credit (WOTC) and the Federal Bonding Program. The Work Opportunity Tax Credit offers up to $2,400 in tax credits to businesses that hire an individual with a felony record. A federal bond offers $5,000 to $25,000 in insurance coverage against employee theft, embezzlement, forgery, and larceny at no cost to the employer. (See sidebar for more information.)
Table 5
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Benefits of Hiring Ex-Felons
|
|
Gain a hard-working employee with a strong work ethic
|
|
Opportunity to train a new employee in company procedures
|
|
Employ a loyal and motivated employee
|
|
Employ a worker with a positive attitude and willingness to
do what it takes to succeed
|
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Help ex-offender become a tax-paying citizen
|
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Possible reimbursement for training wages
|
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Work Opportunity Tax Credit
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Federal bonding
|
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Federal Tax Credits and Bonding
Employers may be eligible for the Work Opportunity Tax Credit (WOTC), which offers up to $2,400 in tax credits for hiring a person with a felony record. To take advantage of this program, the employer is required to fill out ETA 9061 and IRS 8850. These are available at the following websites:
www.PositivelyMinnesota.com/WOTC
www.doleta.gov/business/incentives/opptax
Federal bonding is also available to employers that hire ex-felons. A federal bond offers $5,000 to $25,000 of insurance against employee theft, embezzlement, forgery, and larceny at no cost to the employer. For more information visit:
www.PositivelyMinnesota.com - keyword search “bonding”
www.bonds4jobs.com
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Showcasing Skills and Work
One misconception about people with criminal records is they aren’t skilled enough to be productive employees. This is where the help of an employment counselor may be important. Conducting assessments, looking at work experience, and talking with clients allows counselors to identify skills that can be included on a resume. Another barrier in the application process is a lack of work history because of incarceration. Many ex-offenders don’t realize that a job inside prison is still work experience, and the skills obtained at these jobs are important. Because most employers like to see an applicant with a steady work history, this work experience can be used on a resume to decrease, or even eliminate, gaps in employment caused by incarceration.
Job search success does not stop with a good resume. Counselors should also coach their clients on answering interview questions and promoting hiring incentives such as the WOTC and Federal Bonding Program. A good time to bring up these two programs in the interview is after discussing the applicant’s skills. The goal is to tell employers what skills the job candidate will bring to the company and supplement that with the financial gain and security offered by WOTC and bonding. The applicant can even bring informational sheets about the programs and the appropriate forms to the employer.
Taking the Next Step
Once an ex-offender identifies his or her skills and learns how to sell those skills to the employer, WOTC and federal bonding opportunities may follow. It might be difficult, however, for an ex-offender to stay committed to the new job, especially if it is the first job after release or conviction. Many clients may realize their first job is not what they really want to do. Often these jobs are entry-level work with less than desirable pay, hours, benefits, and opportunities for advancement. Moreover, the work itself might not be motivating or fulfilling. It is easy to get discouraged in this type of position, and the employment counselor plays an important role in helping clients keep things in perspective by reminding clients that while a first job might not be ideal, it is an opportunity to gain valuable skills and experiences, develop networks, gain potential references, and develop a reputation as a hardworking and skilled employee. This will likely open up possibilities for advancement or new job opportunities at a different company where pay and benefits are better, and the work is more satisfying.

One last action that employment counselors can suggest is working on criminal expungement. Expungement occurs when criminal records are sealed from view of employers. A minimum of seven years post-conviction is required for expungement, and the process can be difficult, time-consuming, and expensive. Counselors can share all the pertinent information regarding the expungement process, including the paperwork. The more positive things an individual does during the period after conviction or release, the better the chances for expungement. (See sidebar for more information.)
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Expungement Basics
Collect criminal records from the Minnesota Court Information System and Bureau of Criminal Apprehension, as well as any out-of-state or federal records.
Gather evidence that illustrates how expungement will benefit the former offender.
Prepare a statement that includes what occurred, goals, changes by the former offender, and anything else that might be positive.
Get assistance from a lawyer or free legal resources, if available.
For more information on how to prepare an application, visit the Council on Crime and Justice website at www.crimeandjustice.org. This website also has information on free legal help with the Volunteer Lawyers Network.
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Conclusion
Former offenders are a difficult population to work with, given the barriers they face and the misconceptions about them. Employment counselors, however, can take some steps to assist these clients:
- Collaborate and work with other local and state agencies to address work barriers.
- Educate and inform employers about the benefits of giving these potential employees a chance.
- Educate employers about incentive programs, such as the Work Opportunity Tax Credit and federal bonding.
- Assist clients to identify information that can be included on a resume, including skills and work history while incarcerated.
- Inform clients about incentive programs and how to promote them on applications and during the interview.
- Help them stay future-focused and keep things in perspective.
- Get them started on expungement.
While this isn’t a complete list of ways to help former offenders find work, it does represent some of the most critical actions employment counselors can take to serve them best.
Luis Brown-Pena, a DEED workforce development specialist who launched the agency’s Ex-Offender Employment Program in October 2008, said, “We are creating a new society.” By this he is referring to a new society filled with a growing population of people with criminal records who are looking for work. It is impossible to generalize what methods will best serve individual clients with criminal records; it is the job of employment counselors to get to know them and to develop strategies and employment plans that best fit their backgrounds and needs. Above all, counselors must remain committed to supporting former offenders in their efforts to find work.
1]Pager, Devah, 2007. “Marked: Race, Crime, and Finding Work in an Era of Mass Incarceration.” Chicago: University of Chicago Press.
[2]Crutchfield, Robert, and Pitchford, Susan, 1997. “Work and Crime: The Effects of Labor Stratification.” Social Forces 76(1): 93-118.
[3]See endnote 1.
[4]Pager, Devah. 2005. “Walking the Talk: What Employers Say Versus What They Do.” American Sociological Review 70(3): 355-380.
[5]See endnote 2.
[6]Uggen, Christopher, 1999. “Ex-Offenders and the Conformist Alternative: A Job Quality Model of Work and Crime.” Social Problems 46(1): 127-151.
[7]Rosenfeld, Richard; Petersilia, Joan; and Visher, Christy, 2008. “The First Days After Release Can Make a Difference.” Corrections Today (June, 2008): 86-87.
[8]Hirschi, Travis, 1969. “Causes of Delinquency.” Berkeley: University of California Press.
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