Politics & Government

Ban the Box: Bill Would Ax Criminal History Questions on Job Applications

If approved, Virginia would join a growing number of states giving offenders a fair shot at work.

A bill filed by state Del. Rob Krupicka, if it survives the 2014 legislative session, would prevent the state government and private employers from asking about criminal history on job applications in Virginia.

Ban the Box legislation, as it is known, has gained popularity across the country in recent years as states and localities try to make it easier for people who have paid their debts to reenter society.

As of August, more than 50 cities across the United States had local Ban the Box laws in place, according to the Wall Street Journal, as did at least 10 states. In October, Target Corp., one of the country's largest employers, announced it would remove the criminal history question on job applications at its stores throughout the United States.

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Krupicka's legislation would make it a crime for the state government or private employers in Virginia to ask a potential employee about any arrest, charge or conviction until after a conditional offer of employment is made.

At that point, if an inquiry is made and a person's criminal history has a "rational relationship" to the job duties in question, the employment offer can be withdrawn. Someone convicted of robbing cash registers could be denied a job as a bank teller, for instance.

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"What we're finding across the country is that a lot of people who have any kind of criminal background are denied the chance to even interview for jobs. They are screened out of the interview process even before they have the chance to demonstrate their skills," Krupicka, a Democrat whose district includes parts of Alexandria and Arlington and Fairfax counties, told Patch. "People see that box checked on an application, and they just throw that resume away."

Krupicka's office has reached out to SALT — Social Action Linking Together — to coordinate efforts on pushing for Ban the Box legislation. SALT describes itself as a parish-based network in the Catholic Diocese of Arlington that tries to bring the social and economic teachings of the church to bear on public policy and legislation.

In an interview, Krupicka talked about the money Virginia already spends on rehabilitating incarcerated individuals, particularly on education and job training, and the pressure put on them to become constructive members of society. A barrier on job applications practically shuts down any opportunity these people have to rejoin society, he said.

"The downside is if they're not able to work, not able to reenter society, they're more likely to go back to doing the things that got them in trouble in the first place," Krupicka said. "We want to at least give them a fair shot."

He added: "At beginning of process, let's look at people on the merits of their skills rather than jumping to a conclusion about something they've done in their past and assume that they can't be redeemed."

If the bill becomes a law, as it is currently written, a private employer that violates the ban-the-box legislation would be subject to a $100 penalty for each violation.

Some state agencies, such as law enforcement, would be exempt.

Krupicka said the No. 1 answer he heard from the prison system when he asked about lowering recidivism rates was banning the box. He modeled his legislation after efforts in other states and believes Virginia will eventually follow suit.

"No one has to hire them," Krupicka said. "But it does give these men and women a fair shot, which I do think is important."

SALT, a nonpartisan group open to all faiths that's 1,200 members strong, is concerned about reports from Northern Virginia service providers and advocates who regularly see ex-offenders released into the community "without a nickel in their pocket, with the clothes on their backs and significant anger and depression because there is no one who cares or who can help them become self-sustaining or get a job," SALT coordinator John Horejsi told Patch in an email. 

Many of these former prisoners are forced to steal or shoplift to survive, he stated.

SALT considers Ban the Box an "essential" component of any meaningful and effective program designed to help former prisoners reenter society, Horejsi said in an email.

"Our question is why aren’t Virginia legislators doing more to help ex-prisoners succeed and to save taxpayers money? After all, today’s prisoner is tomorrow’s neighbor," he stated.

This article has been updated to include more information from SALT.


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