Post #269
900 words; 4 minutes to read
Allowing the addition of positive information to criminal record files would support better employment and other outcomes for individuals wanting to rehabilitate themselves.
(This post is drawn from a fuller report by Cardus Canada, available free of charge here.
Work is a fundamentally good aspect of human life. In employment, we offer our efforts at the service of others. We get a paycheque in recognition of our talents and sacrifice. We use those wages to support ourselves, our families, and those who depend on us. Despite the unavoidable drudgery in every job, work is, ultimately, a service to community.
For people with criminal records, having a job can offer a second chance. A wage with which to buy the necessaries of life. A meaningful place to put their talents to work. A workplace community in which to form bonds with other people.
People with criminal records have a much harder time than others finding a job. Employers are reluctant to hire people with criminal histories for any number of reasons. To some extent, this is understandable. There are some jobs that require a clean record. The problem is that many employers exaggerate the negative effect of having a criminal record. According a survey by the John Howard Society of Ontario, as many as 15 percent of employers would veto any applicant with a criminal record, regardless of the severity or age of the person’s crimes.
Complexity of the human person
The reality is that people are complex, but criminal records do not capture this complexity. Criminal records can contain quite a bit of information (more than you might think), but it is all one-sided. They are compilations of the worst moments of a person’s life: they can list, among other things, a person’s arrests, convictions, and sentences.
But no person can or should be reduced to the contents of their criminal record. The record does not capture the totality of the person . But it is precisely the tendency to think that a person is defined by their record that prevents people who carry them from finding a good job that will help them reset their lives on a firm foundation.
More to the point, the criminal record doesn’t even capture the totality of the person’s relationship with the criminal justice system. Their ‘criminal history’ includes so much more than just a list of arrests, convictions, and sentences. If someone has been to prison, then they would have a record of behaviour from when they were incarcerated. Many would have a record of behaviour from their parole officer, too. They may also have participated in work placement programs or learned a new skill during a training program while they were in prison. Others may have gotten sober during a drug or alcohol treatment program, or received counselling or spiritual care while in prison.
Humanizing criminal records: a proposal
What if we gave people the option of including some or all of this information on their criminal records? This is what I have suggested in a policy proposal I call “humanizing criminal records”.
Humanizing criminal records would rebalance them, so that the more positive side of someone’s criminal history could be made available to employers. Instead of only seeing the negative aspects of a prospective employee’s relationship with the justice system, an employer could see some of the positive things that happened, such as those identified above: their records of behaviour, their
involvement in skills training or work placement, and possibly even treatment and care received through the justice system.
A humanized criminal record must respect privacy rights, of course. This information is highly sensitive and not everyone may wish to share it. The decision on whether to include this information (or some portion of it) on the criminal record must remain in the control of the person whose record it is. It would also have to be based on accurate and objective criteria.
A useful step forward
Humanizing criminal records is not a silver bullet. For example, it won’t solve the problem of employers who veto people based on the mere fact that they have a criminal record at all. But that doesn’t mean it won’t help with other problems.
This idea has some precedent. One academic has suggested using employability certificates, which would be based in part on the work placements and skills training received through the criminal justice system. Another proposed letting job applicants provide evidence of their rehabilitation. Correctional officers can also provide reference letters for incarcerated people. These are good things and have the potential to show another facet of a person who carries a criminal record. But they don’t deal with the stigma of the criminal record itself.
Including some of this positive information directly on criminal records themselves would help to show a more positive side. My hope is that, over time, this would also reduce the stigma of criminal records overall. Imagine if, in the future, it were second-nature to think not just of arrests, convictions, and sentences, but also of skills training and work placement programs when someone mentions their criminal record. Granted, that may be a long way off, but it is a worthy goal.
In the meantime, humanizing criminal records could help people get jobs that could provide them a good income and a healthy workplace community. As long as the information is accurate and objective, then why wouldn’t we give people a chance to share this other side of themselves?
If people with criminal records believe that this would give employers a better chance at seeing their true selves, then we shouldn’t stand in their way.
About this blog: The John Howard Canada blog is intended to support greater public understanding of criminal justice issues. Blog content does not necessarily represent the views of the John Howard Society of Canada. All blog material may be reproduced freely for any non-profit purpose as long as the source is acknowledged. We welcome comments (moderated). Contact: blogeditor@johnhoward.ca.
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