The Employment of People with Criminal Records in the European Union

This paper summarises a large-scale research project, jointly funded by the European Commission and the Northern Ireland Office, about the legislation, policies, and practices which act against the employment of people with a criminal record in the European Union. The disparity of legal guidance between countries effectively restricts the opportunities for people with a criminal record to work in the country they choose. This paper intends to increase awareness of the policies across Europe which affect the employment of people with a criminal record with a view to addressing the marginalisation of this group and thereby encouraging the re-integration of ex-offenders into society. Details of the work undertaken by a project based in Northern Ireland, 'Coping with Convictions' which endeavours to tackle some of the existing barriers to ex-offender employment are described. In addition, the recent introduction of UK legislation, allowing employers greater access to criminal record information, and the implications this may have for ex-offenders seeking employment are also discussed.     

Justice System Bias Perceptions of the Dually Marginalized: Observations from a Sample of Women Ex-offenders

Social constructions of race, gender, and class are known to shape stereotypes that condition interaction and behavior across various contexts, including the criminal justice system. From an intersectional framework emphasizing dual marginalization, this study relates in-depth interviews with women ex-offenders regarding their justice system experiences to explore perceived race and gender themed discrimination. Findings of reported pejorative language and degrading behavior reaffirm a well-documented generalized assumption by women of color that disparate treatment is normative. Discussion centers on how these views are detrimental to rehabilitation enrollment, related implications for offender programming objectives, and the utility of intersectionality theory for analyzing related justice topics.     

Co-constituting narrative: the role of researcher identity bids in qualitative interviews with women ex-offenders

Narrative criminology draws upon the stories of the research participants to better understand crime. These narratives are shaped not only by a range of structural, institutional and individual factors, but by dynamics within the interview itself. As both participant and interviewer deploy narrative techniques, they co-constitute identity meanings during the interview process. This study examines interviews with 30 women recently released from incarceration to identify ways that the researcher constructed and “bid” for identity meanings through narrative during the interview process. Specifically analyzed are the researcher’s “small stories” put forth in response to participants during the interview exchange. Ultimately, the co-constitutive nature of interview dynamics suggest that the researcher’s identity bids via small stories have implications for how participants assert their own identity meanings, account for their experiences, and ultimately orient or conceptualize their futures.     

Dilemmas and consequences of prior criminal record: a criminological perspective from England and Wales

This article considers the contemporary architecture of criminal record usage in England and Wales. We focus upon impact on ‘employment status’, partly because work is often now seen as key to good health and other self-esteem indicators in the modern world. First, we examine in the context of England and Wales, (a) the development of the contemporary criminal record system and extent of availability of prior record information in terms of employment (and other licensing purposes) and (b) the factors that helped shape the current architecture. Second, this article outlines what is known from the British criminological literature on employment and conviction records and what more is needed in terms of criminological research. Finally, we consider how convictions become ‘spent’ – in particular the English approach to ‘expungement’/sealing of the criminal record according to the 1974 Rehabilitation of Offenders legislation.     

Effective Detention: The Development of a Policy

The Dutch Prison Service developed a new policy on indoor employment programmes. The development of this policy, the definition of these programmes and the chosen methodology of Individual Employment Counselling is described. Also some examples of good practice are given. We learned a great deal from good practice, from external advisors, from co-operation with partners like employers, probation services, local authorities and from comparable programmes in other European countries. The development of these programmes was supported by changes in the prison service, economic growth in the Netherlands, a new employment policy initiated by the Dutch government, and by sub-financing of the European Social Fund. Future challenges are: better matching of prisoners (their motivations, their capacities and handicaps) with the programmes, further development of co-operation with partners and the implementation of a good monitoring system.     

Revived and Discouraged: Evaluating Employment Barriers for Section 3 Residents With Criminal Records

Section 3 was established in the Housing and Urban Development (HUD) Act of 1968 to provide employment for public housing residents in distressed communities while rebuilding underserved neighborhoods. As a provision that recipients of HUD funding must comply with, Section 3 reporting agencies are having trouble securing employment for ex-offenders. This is problematic since low-income ex-offenders unable to secure stable employment are more likely to recidivate. Research evaluating the specific barriers to employment for Section 3 residents with criminal records and policy recommendations are sparse although the problem is prevalent in communities nationwide. This study uses San Antonio, Texas as an example for conducting a policy review to identify the barriers to employment for Section 3 ex-offenders. The results of the qualitative analysis indicate that at the national level, HUD and the Section 3 provision do not create barriers to employment but state and local policies and practices do.     

The Employment of Ex-Offenders and the UK's New Criminal Record Bureau

This article outlines the development of the UK's Criminal Records Bureau designed to improve the efficiency and effectiveness of the screening arrangements for potential employees by disclosure of their criminal records to employers. The Bureau builds on existing arrangements that have been in place for a number of years. The authors argue that this development, which includes a much wider availability of criminal records, is an example of a new social policy that has the potential for an unintended consequence of large scale social exclusion, by limiting the prospects of employment for ex-offenders.     

NORMALIZATION AND LEGITIMATION: MODELING STIGMATIZING ATTITUDES TOWARD EX-OFFENDERS*

Successful community reentry and the criminological impact of incarceration may depend in part on the attitudes (and consequent reactions) that prisoners encounter after release. Theories of social stigma suggest that such attitudes depend, in turn, on the levels of familiarity with the stigmatized group (the normalization thesis) as well as on the credibility and trust they accord to sanctioning agents (the legitimation thesis). To assess these two hypotheses, we present the first multivariate analysis of public attitudes toward ex-offenders. Data from a four-state, random-digit telephone survey of more than 2,000 individuals indicate that, net of controls, personal familiarity with ex-offenders may soften attitudes, whereas confidence in the courts may harden them. As expected, non-Hispanic Whites, conservatives, and southern residents hold more negative views of ex-offenders. Our findings lend indirect support to concerns that incarceration is becoming “normalized”, and we suggest strategies for reducing the stigma of incarceration.     

Problems and service needs among ex-offenders with HIV risk behaviors entering sober living recovery homes

There is currently a nationwide effort to decrease the number of persons who are incarcerated in jails and prisons. However, many ex-offenders on probation or parole do not have access to affordable housing and larger proportions have histories of HIV risk as well as substance abuse problems. In California, sober living houses (SLHs) are becoming an increasingly popular housing option for these individuals. Based largely on the principles of alcoholics anonymous, SLHs require abstinence from alcohol and drugs and provide peer support for recovery. The current study examined the types of problems experienced among 330 ex-offenders with lifetime risk for HIV during the six months prior to entering SLHs. Nearly three fourths (74%) of all ex-offenders entering the houses had at least one HIV risk. The importance of housing was evident in the finding that housing status and participants’ perceptions of their housing situation were associated with a variety of problem areas, including substance use, HIV risk, psychiatric severity, and legal problems. SLHs represent an important housing option for ex-offenders, but many residents may need additional services to address various problems.