In the US, all criminal records are life sentences
Last week, members of Congress once again introduced a bipartisan resolution declaring April 'Second Chance Month' in the U.S. A worthy cause, Second Chance Month is a time to recognize the challenges faced by people with criminal records and to advocate for meaningful reform.
Although the idea of a 'second chance' is celebrated, the reality is that the door to opportunity remains shut for millions of Americans coming out of prison. Without access to stable jobs and financial independence, many end up back behind bars or at least continue to have some kind of involvement with the criminal justice system.
Each year, more than 600,000 people are released from state and federal prisons. According to the Bureau of Justice Statistics, about two-thirds of those released will be rearrested within three years. One of the main contributors to this staggering recidivism rate is the inability to find meaningful employment.
A study from the Prison Policy Initiative found that the unemployment rate for formerly incarcerated individuals is nearly five times higher than the general population. For Black men with criminal records, the rate is even higher. It comes down to the fact that most employers conduct background checks. Even a quick internet search often reveals a past record, even if the offense was nonviolent or occurred many years ago.
With limited employment options, financial stability becomes unattainable, and the likelihood of reoffending increases.
If we are serious about reducing recidivism and supporting successful reentry, we should work to dismantle the systemic barriers that prevent people with criminal records from rebuilding their lives. I have three suggestions.
First, we should expunge criminal records from internet search results. In the U.S., if someone goes bankrupt, there is no searchable evidence of that bankruptcy after 10 years. However, if you make a mistake with something as simple as failure to appear in court or a charge of driving under the influence, your record appears in internet searches in perpetuity. These search engine results undermine even the most well-intentioned and best-prepared job applicants. This goes directly against the basic American ideal that everyone deserves a second chance.
A sensible reform would involve requiring search engines and third-party data aggregators to remove criminal records from search results after a designated period, particularly for nonviolent offenses. If Google can tweak its algorithms to demote low-quality content in search results in an effort to combat 'fake news,' it can give people who have been incarcerated a way to expunge their online record after a period of time or through some fair process, helping individuals move on with their lives without their past defining their future.
Second, we should provide tax credits to employers who hire individuals with criminal records. Financial incentives can be a powerful tool in encouraging businesses to do this. A federal tax credit program specifically designed for employers who hire formerly incarcerated individuals would reduce perceived risks and encourage companies to make these hires.
Although the Work Opportunity Tax Credi t already offers some benefits, they are very limited in that they are available to employers of individuals who have been convicted of a felony or released from prison for a felony only within the last year. A system of tiered incentives based on retention rates could further encourage long-term employment and stability.
Third, we should support entrepreneurship for people with criminal records. Not every citizen returning to life on the outside will find traditional employment opportunities, but entrepreneurship provides an alternative path. Starting a small business allows individuals to take control of their financial future and contribute positively to their communities.
Unlike corporate hiring managers, customers rarely ask small-business owners about their criminal backgrounds. They care about the quality of the product or service. Entrepreneurship training programs and mentorship initiatives can help people with criminal records build sustainable businesses.
My organization has demonstrated the effectiveness of this approach. By equipping individuals with practical skills and ongoing support, these programs reduce recidivism and foster economic growth.
Second Chance Month serves as a reminder that redemption and rehabilitation are possible — but only if we remove the significant obstacles that stand in the way.
Outside of people whose ancestors are from Africa, in America, all of our ancestors started anew and got a second chance. In this way, second chance is not a concept — it is central to what we are all about. Today, we are not living up to this basic principle.
Brian Hamiltonis a nationally-recognized entrepreneur and the chairman of LiveSwitch. He is the founder of Inmates to Entrepreneurs, where he serves as the leading voice on the power of ownership to transform lives. He is well known for being the founder of Sageworks (now Abrigo), the country's first fintech company. He is also the star of 'Free Enterprise,' an award-winning show on ABC based on Inmates to Entrepreneurs.
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