Going to Work
with a
Criminal Record

Lessons from the
Fathers at Work
Initiative
Dee Wallace
Laura Wyckoff
Author

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o f

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Going to Work
with a
Criminal Record
Lessons from the
Fathers at Work
Initiative

Dee Wallace
Laura Wyckoff

A

P

u b l i c a t i o n

o f

P

u b l i c

/P

r i v a t e

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Working Ventures

Public/Private Ventures is a
national nonprofit organization that seeks to improve
the effectiveness of social
policies and programs. P/PV
designs, tests and studies
initiatives that increase supports, skills and opportunities
of residents of low-income
communities; works with
policymakers to see that the
lessons and evidence produced are reflected in policy;
and provides training, technical assistance and learning
opportunities to practitioners
based on documented effective practices.

Board of Directors
Matthew McGuire, Chair
Vice President
Ariel Capital Management,
Inc.
Frederick A. Davie
President
Public/Private Ventures
Yvonne Chan
Principal
Vaughn Learning Center
Jed Emerson
Advisor on Blended Value
Investing
and Management
The Honorable Renée
Cardwell Hughes
Judge, Court of Common
Pleas
The First Judicial District,
Philadelphia, PA
Christine L. James-Brown
President and CEO
Child Welfare League of
America
Robert J. LaLonde
Professor
The University of Chicago
John A. Mayer, Jr.
Retired, Chief Financial
Officer
J.P. Morgan & Co.
Anne Hodges Morgan
Consultant to Foundations
Siobhan Nicolau
President
Hispanic Policy
Development Project
Marion Pines
Senior Fellow
Institute for Policy Studies
Johns Hopkins University
Clayton S. Rose
Retired, Head of Investment
Banking
J.P. Morgan & Co.
Cay Stratton
Director
National Employment Panel
London, U.K.
Sudhir Venkatesh
Associate Professor
Columbia University
William Julius Wilson
Lewis P. and Linda L.
Geyser University Professor
Harvard University

Research Advisory
Committee
Jacquelynne S. Eccles, Chair
University of Michigan
Robinson Hollister
Swarthmore College
Reed Larson
University of Illinois
Jean E. Rhodes
University of Massachusetts,
Boston
Thomas Weisner
UCLA

Working Ventures seeks to
improve the performance of
the workforce development
field by providing practitioners and policymakers
with the knowledge and
tools needed to operate
effective employment programs. We support the field
by documenting effective
employment strategies and
practices, convening practitioner workshops and providing
resources to encourage program innovation.

Going to Work with a Criminal Record

Acknowledgments

The authors and Public/Private Ventures (P/PV) extend gratitude to all
who contributed to the development of this guide. At the Charles Stewart
Mott Foundation, Loren Harris (now with the Ford Foundation) and Neal
Hegarty made the Fathers at Work demonstration, and thus this resource,
possible as part of the Foundation’s focus on improving the lives of young,
noncustodial fathers.
The practitioners at the Fathers at Work sites provided the essence of
this guide by sharing lessons they have learned in this important work. In
particular, we thank Jane Fischberg, Makini Hassan, Ray Jones, Michael
McArthur, Tani Mills, Jon Morris, Kareem Omary, Lee Pusha, Alba Rivera
and Joel Wiley for their generosity and willingness to share.
At P/PV, Shayne Spaulding and Sheila Maguire played key roles in identifying important themes that were emerging from Fathers at Work and
provided feedback throughout the development of this publication. Martha
Miles, Carol Clymer, Renata Cobbs Fletcher and Fred Davie contributed
vital insights for the completion of this resource. Chelsea Farley and Laura
Johnson oversaw the publication process, and Penelope Malish provided
graphic design. Mark Elliott, formerly of P/PV, helped formulate the initial
idea for this document.
Roberta Meyers Peeples of the National HIRE Network and Debbie
Mukamal, formerly of the HIRE Network and now with the Prisoner Reentry
Institute at John Jay College of Criminal Justice, were essential contributors
to the Fathers at Work initiative and the information contained in this guide.
Finally, and foremost, we acknowledge the hard work of the young fathers
whose journeys in this initiative provide lessons for those seeking to
expand opportunities for all people who want to work.

Working Ventures

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Going to Work with a Criminal Record

Introduction

A

ccording to the Bureau of
Justice Statistics, 650,000
adults are released from
American prisons each year.
Many of them find their way to One-Stops
or community-based, faith-based and other
organizations that offer employmentrelated services. These formerly incarcerated individuals are overwhelmingly male;
they are typically poorly educated, may
have serious substance abuse problems, frequently have precarious housing situations
and typically face considerable difficulty
finding jobs. In addition, many have children they are striving—and required—to
support. Some owe arrearage, overdue
payments that continued to accrue during incarceration and can now gobble up
meager paychecks, making working “on the
books” seem like a losing proposition.
Nationwide, a few programs specifically
target former prisoners and possess
extensive experience placing them with
willing employers and helping them
stay on the job. However, if you are a
career counselor, trainer, job developer
or other staff member in a more typical

workforce organization—particularly
if your participants have traditionally
been mostly women—you may need to
better understand the constraints and
complexities of successfully putting to work
formerly incarcerated men, especially those
who are noncustodial fathers.
Based on the experience of organizations
taking part in the Fathers at Work initiative,
Going to Work with a Criminal Record offers
fundamental lessons on connecting people
with criminal records to appropriate jobs
and employers, as well as tools to organize
your efforts. It outlines how to avoid
mistakes and how to develop important
relationships, including with employers,
parole officers and the local child support
enforcement agency. It also invites you to
examine the attitude, staffing and capacity
of your organization to deal with an
increasing number of male job seekers who
bring new challenges.
To be sure, if your doors are open to lowincome individuals, the sheer number of
people returning from prison makes it
likely that many will seek your services.

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Working Ventures

The Lessons and Where to
Find Them in This Guide

wage earners. Tool 2: Examples: Developing
a Functional Résumé >>> page 47; Tool 3:
Scenarios: Thinking about Conviction
Questions >>> page 48; Tool 4: Assessment:
Improving Participants’ Answers >>> page 50.

Listed below are seven lessons workforce
organizations should consider as they help
formerly incarcerated people move toward
stable employment. A more detailed discussion of how program staff can put these
lessons into practice follows. The guide also
includes examples from specific Fathers at
Work organizations, resources and tools.
Lessons and tools can be found on the
pages indicated.
Lesson One:
Do No Harm

On page 8: Organizations that found success in helping formerly incarcerated
people get and keep jobs indicate that a significant part of the work is avoiding setting
their participants up for failure by training
them for careers they cannot legally pursue
or sending them to jobs from which they
are barred. Tool 1: Glossary: Rap Sheet and
Other Terms You Need to Know >>> page 44.
Lesson Two:
Tackling the Conviction Question and
Offering Support

On page 12: Employers ask questions, and
they check records. Staff can make a major
contribution to helping participants get
and keep jobs by preparing them to speak
accurately, reassuringly and as positively as
possible when they need to disclose their
convictions. Programs can also encourage
participants to focus on employment—as
opposed to their convictions—and to provide opportunities for peers to support one
another as they search for jobs and become

Lesson Three:
Finding Willing Employers: Market
Your Organization as Well as the
Job Seeker

On page 18: Businesses may choose not
to hire your program’s qualified participants because of their criminal records.
Successful workforce professionals know
who will hire whom and convince hesitant
employers that their organization will be
there immediately should problems arise.
Tool 5: Checklist: Knowing Who Is Ready to
Work and Ready to Hire >>> page 51; Tool
6: Checklist: Providing Retention Services
>>> page 52.
Lesson Four:
Consider Alternative Pathways into the
Labor Market

On page 26: Permanent full-time employment is the goal. But transitional or temporary jobs can be a first step to steady
employment for those returning from
prison and who may have scant work experience and/or few marketable skills.
Lesson Five:
Make Friends with Parole

On page 30: Most recently incarcerated
individuals come to a program attached to
a parole or probation officer. Complying
with parole can affect your participants’
ability to get and keep a job. Organizations
experienced in placing former prisoners know parole officers personally, share

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Going to Work with a Criminal Record

pertinent information and work together, if
possible. Tool 7: Worksheet: Reflecting and
Taking Action >>> page 53.

In addition, Tool 8: Resources on page 56
offers overall guidance to better assist formerly
incarcerated individuals who enroll in your
employment program.

Lesson Six: Learn to Navigate the Child
Support System

On page 34: Noncustodial parents may
be reluctant to respond to child support
enforcement because of the system’s perceived connections to courts, the legal
system or potential incarceration. They
may also have concerns about taking legitimate jobs knowing that their wages will
be withheld to satisfy orders or pay arrearages. During the Fathers at Work initiative, employment organizations helped
participants confront their child support
enforcement concerns and, in some cases,
negotiate arrearage payment by accompanying them to court.
Lesson Seven:
Take a Close Look in the Mirror

On page 38: Organization staff members
may have preconceived ideas or negative
attitudes that can affect the type and quality
of services they make available to their formerly incarcerated participants. Providing
training during which your participants
and representatives from organizations that
advocate for former prisoners discuss the
issues that hobble the formerly incarcerated can both educate and sensitize staff.
In addition, some organizations have hired
former prisoners to work with former
prisoners, people who can relate to participants’ circumstances and offer guidance
based on their own experience with the
criminal justice system.

Where These Lessons
Came From
Lessons are from the Fathers at Work
initiative.

Going to Work with a Criminal Record contains
lessons generated by six organizations during the three-year Fathers at Work initiative: Center for Employment Opportunities
(CEO), New York City; Impact Services,
Philadelphia; Rubicon Programs, Inc.,
Richmond, CA; STRIVE, Chicago; Total
Action Against Poverty (TAP), Roanoke, VA;
and Vocational Foundation, Inc., Brooklyn,
NY. All six organizations had demonstrated
expertise in providing employment services
to low-income individuals with a variety of
barriers; some had more experience than
others with the former prisoner population,
but throughout the course of the initiative, all reported important insights into
helping young men with criminal records
get and keep jobs. The National Center
for Nonprofit Planning and Leadership
(now the National Project for Community
Leadership at www.npcl.org) provided the
participating organizations with technical
assistance on fatherhood and child support.
Fathers at Work was funded by the Charles
Stewart Mott Foundation and managed and
evaluated by Public/Private Ventures (P/PV).
P/PV worked with staff from the six programs to identify the lessons compiled here.

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Working Ventures

Fathers at Work Organizations
Center for Employment Opportunities (CEO)
Located in downtown Manhattan, CEO has provided employment and training services to people with
criminal records since the late 1970s. All of CEO’s participants have been convicted of nonviolent
crimes, most of which are drug-related. At the core of CEO’s employment strategy is a paid transitional work program. Weeklong preemployment and life skills training, individualized job development
services, Responsible Fatherhood Workshops and child support advocacy are also provided.

Impact Services
Since 1974, Impact Services has provided training programs for low-income people in Philadelphia and
surrounding areas. Impact’s programs include the Helping Offenders Work (HOW) program, which
serves people with criminal records and histories of substance abuse; the Greater Philadelphia Works
welfare-to-work program; and Veteran’s Services. Impact’s Fathers at Work program, known as Step-Up,
was created to work with two key referral sources: Philadelphia County’s Work Release Program and
the Pennsylvania Bureau of Probation and Parole. Impact Services offered participants life skills and job
readiness training, job placement, fatherhood workshops and mediation counseling. The organization
developed a relationship with the Pennsylvania Family Court, streamlining court processes for Impact’s
participants involved with Child Support Enforcement.

Rubicon Programs, Inc.
Located in the city of Richmond, CA, Rubicon provides a wide array of social services, including housing assistance, mental health services and other support services, to approximately 4,000 people a
year. While the organization serves a diverse population, its focus has traditionally been on people who
are homeless, mentally disabled or on welfare. Rubicon’s Fathers at Work offerings included job readiness and skills training, job placement services, peer support groups and on-site child support assistance provided through a partnership with the Contra Costa Department of Child Support Services.

STRIVE (Support and Training Result in Valuable Employees)
STRIVE is a nonprofit job training and placement organization that serves low-income residents in
Chicago. It is part of a national network of organizations, each following a similar model for employment services. STRIVE Chicago offers four weeks of classroom-based soft skills training, followed by
rapid placement and two years of intensive follow-up services. The focus is on personal responsibility
and attitudinal change, combined with training in job search techniques. STRIVE has an active alumni
group and parenting support groups for men and women.

Total Action Against Poverty (TAP)
TAP was founded in 1965 as the designated community action agency for the Roanoke Valley in
southwest Virginia. Each year, TAP serves more than 6,000 individuals in 3,000 families through more
than 30 programs, from Head Start centers and housing support to transitional living services and food
banks. TAP also operates a wide range of job training and educational services, known collectively as
This Valley Works. TAP’s Fathers at Work in Virginia program was established within its Families in
Transition department. Core services include individualized job placement, fatherhood support groups
and staff co-location with the child support enforcement agency.

Vocational Foundation, Inc. (VFI)
VFI was founded in 1936 to help New York City’s disadvantaged youth achieve educational and
employment goals. VFI has operated programs for young fathers since 1984. Each participant in the
Young Fathers Program is supported by a primary case manager, called a career adviser. Career advisers provide career counseling, crisis intervention and resource referrals; they conduct fatherhood
workshops and coordinate with Child Support Enforcement; and they provide follow-up support after
participants complete the program.

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Going to Work with a Criminal Record

From January 2001 through June 2004, the
six Fathers at Work organizations focused
their efforts on low-income fathers under
age 30, with the aim of increasing their participation in the labor market, earnings,
parental engagement and financial support
of their children. In order to accomplish
this, each of the six organizations developed a formal partnership with its local
child support enforcement agency.
Two organizations, CEO in New York City
and Impact Services in Philadelphia, provided services exclusively to former prisoners and, in addition to collaborating with
child support enforcement, developed
partnerships with the appropriate criminal
justice agencies. Although the other four
organizations did not exclusively target formerly incarcerated people while recruiting
participants for their programs, 76 percent
of the young fathers across all six sites
reported that they had been convicted of
a crime.
Lessons are framed by P/PV’s Working
Ventures workshops.

Going to Work with a Criminal Record was
also developed from a series of workshops
offered by Working Ventures, a P/PV initiative to improve performance in the workforce development field. In keeping with
its practice of drawing on the expertise of
seasoned professionals, Working Ventures
frequently used staff from the Fathers at
Work initiative as workshop presenters. The
workshops offered additional opportunities
to identify information and tools valuable

to employment organizations serving formerly incarcerated people—and these are
included in Going to Work.
Lessons incorporate basic principles of
workforce development.

Though developed for program staff working with formerly incarcerated people, the
lessons in Going to Work reflect principles
of workforce development used by effective organizations serving a variety of participants. Key principles include learning
about employer needs and preferences;
assessing the job seekers’ experience, skills
and personality to make good matches;
following up to ensure retention; and taking action when problems arise on the job.
One increasingly accepted principle of
good job development—the dual customer
approach of providing services to employers as well as job seekers—seems especially
relevant when placing people with criminal
records. For example, employers may be
convinced to hire formerly incarcerated
people if they know that program staff have
disclosed accurate information about the
candidate and will provide continued support. Throughout Going to Work, you will
find descriptions of resources that contain
additional strategies and tools for effective
workforce development.

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Working Ventures

What the Lessons Are

Lessons provide guidance but don’t
constitute legal advice.

Lessons are broadly applicable, but
not state specific.

Based on the experiences of the Fathers at
Work programs, Going to Work addresses
issues, explores strategies and provides
tools to assist formerly incarcerated individuals with employment. But as you read
the guide, you will come to understand that
these issues are complex and play out in
different ways. As mentioned throughout
Going to Work, laws and regulations differ
from state to state. Be sure to consult an
attorney as needed.

The Fathers at Work demonstration took
place in five states, all with different laws.
Lessons in Going to Work will be useful in
assisting formerly incarcerated people,
but many factors related to career choices,
training and employment are governed by
the laws and policies of individual states.
In other words, regulations governing the
employment of people with convictions
in Virginia may be different from those in
New York State and different still from
those in California. Varying regulations
include those governing licensing and
barring people convicted of certain
crimes from specific occupations, the
process for obtaining rap sheets and the
questions employers may legally ask on job
applications and during interviews. You
need to be familiar with your state laws and
local policies in order to offer accurate
information to your participants and their
employers. You can increase your expertise
by accessing resources described in the
sidebar on page 7.
In addition to regulations regarding
the hiring and employment of formerly
incarcerated individuals, the policies and
practices of state and local child support
enforcement agencies also vary—wildly. A
link to all state child support enforcement
agencies can be found on the homepage of
the US Department of Health and Human
Services Administration for Children and
Families: www.acf.hhs.gov/programs/cse.

Lessons address employment but don’t
cover all issues affecting the livelihood
of people with criminal records.

Issues such as inadequate housing and substance abuse are often substantial impediments for people trying to put their lives
together after incarceration; however, these
issues are not covered in this guide. Also,
while Going to Work provides useful information about how to help former prisoners obtain stable employment, it does not
discuss skills training. Instead, it focuses on
the interface between the organization that
prepares formerly incarcerated individuals
to seek jobs and the employers who may be
reluctant to hire them.

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Going to Work with a Criminal Record

The guide does touch on the issue of child
support—a major element of the Fathers
at Work initiative—but for additional
information about child support enforcement, how it affects fathers and what your
program might do, see the forthcoming
P/PV report Fathers at Work: Navigating the
Child Support System.

Who the Lessons Are For
Going to Work with a Criminal Record was
developed for the staff of organizations
that provide employment-related services to job seekers with criminal records.
Please keep in mind that Going to Work is
written from the perspective of program
staff—which provides an important piece
of the puzzle, but not the only piece. Job
seekers themselves should be considered
the best sources of information about
their backgrounds, career aspirations, and
their strengths and barriers to employment. You will be most effective in helping participants get and retain jobs when
you consider them equal partners in the
employment process.

Resources for People
Convicted of Crimes
Who Are Seeking
Employment
The National H.I.R.E.
Network offers a clearinghouse for state-specific
resources, information and
assistance for job-related and
legal services related to criminal records and employment
at www.hirenetwork.org.
Employment
Discrimination and What
to Do About It, published by
Legal Action Center, contains
practical guidance on how
people with criminal records
should handle discussions of
their convictions on employment applications and during
job interviews. The publication has been adapted for
California, Illinois, New York,
Pennsylvania and Virginia and
can be downloaded at www.
lac.org/pubs/pubs_top.html.

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Working Ventures

Lesson One

Do No Harm

Hippocrates told physicians to do no harm, but he could have been advising modern-day workforce professionals. For example, you may have
heard the classic story of a man who received barber training in prison
and then couldn’t get a barber’s license when he was released. Or the
woman who entered health care training, later to discover that her career
choices were limited by the nature of her prior convictions. In these
cases, harm was done indeed—possibly by trainers or counselors with the
best intentions.
Organizations and programs that have found success in helping people
convicted of crimes get and keep jobs indicate that a significant part of
the work is avoiding setting people up for failure by training them for
careers they cannot pursue or sending them to jobs for which they are disqualified. In order to avoid disappointment, wasted time and resources
and a loss of trust by employers and participants, you must know
1) whether job seekers have been convicted of a crime and 2) what constraints the conviction presents to employment.

Going to Work with a Criminal Record

9

Know That
…the Record Matters
You need to know about a person’s criminal record and current supervision status to help
the job seeker with occupational choices and the job application process.

…There Are Occupations That Are Not Choices
Some jobs by law or convention are out of reach for people with criminal records. For
example, “occupational bars” prevent people with drug convictions from taking jobs that
involve pharmaceuticals. Financial institutions, by law, cannot hire people with convictions
related to theft or fraud. In addition, regulations in some states preclude people with
records from obtaining a number of professional licenses.

What You Can Do
…to Avoid Setting the Job Seeker Up for Failure
Make Sure Job Seekers Have Proper Documentation
Program staff should verify that all job seekers have proper documentation for employment. Assistance obtaining documents can be particularly important for recently released
prisoners whose documents frequently have been lost, misplaced or expired during incarceration. Proof of citizenship is a requirement for any legitimate job. Proof of address, a
current driver’s license, professional licenses, certification or diplomas are often necessary
too, and getting one document is inevitably a prerequisite for getting others. When job
seekers cannot afford fees, programs can help by advancing funds or paying to replace missing documents. Prior to the job search, program staff should provide job seekers with the
opportunity to practice completing the I-9, a form employers must submit verifying that an
employee is eligible to work in the United States.
Ask the Right Questions Up Front
Program staff members should ask thorough questions of participants during the program intake process to get as much information as possible about criminal records.
Although questions might seem an invasion of privacy, staff can explain that they are
not just being “nosy” but will use this information to help individuals with their career
development, match them to the best job and advise them on dealing with applications
and interviews—during which employers will expect straight answers.
Along with asking about convictions on the application for your program, Fathers at Work
staff recommended interviewing participants and probing for clues about involvement with
the justice system that could show up on a background check. Asking about “legal issues” or
“court dates” can lead to information about convictions, probation and parole status. If your
state allows employers to ask about arrests, program staff should ask about arrests as well to
help participants form appropriate answers on application forms and during job interviews.

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Working Ventures

Obtain specific information about convictions and about any
involvement with the justice system, including pending encounters
Here’s Why
The criminal record of a participant indicated “theft” but not “grand theft,” a
term that can include auto theft. A full discussion of the conviction kept a job
developer from placing the man at a car dealership—a position for which he
was otherwise qualified.
Another Reason
A job developer from one of the Fathers at Work organizations remembered
asking a young man if he had a criminal record. “No,” he replied. The
job developer successfully placed him in a position, but two weeks later
she received a phone call from the employer, who reported that his new
employee had phoned in and said he wouldn’t be at work that day—and
possibly longer. That evening, the job developer called the young man and
discovered that he had been in court on a charge from several months
before. When the job developer reminded him that he had told her he didn’t
have a criminal record, he said that he had told her the truth—she hadn’t
asked if he had a court date coming up.

Encourage Job Seekers to Obtain Their Rap Sheets
In addition to asking about convictions on program application forms and during intake
and interviews, staff can get information by obtaining their participants’ rap sheets. A full
picture of conviction history can minimize surprises, prevent disappointment and identify
errors that need to be cleared. In fact, because employers will likely see the information
when they conduct background checks, you should encourage the job seekers to obtain
their own rap sheets to verify their accuracy. If employers conduct checks after hiring and
the participants’ disclosures conflict with the record, they could be fired for lying—even if
discrepancies were unintentional.
Rap sheets can be obtained from different law enforcement agencies, depending upon the
state where the conviction took place. The National H.I.R.E. Network offers information for
all states, including contact information for the appropriate state agency, fees charged and an
outline of the state-specific processes at www.hirenetwork.org/resource.html. Participants
involved in federal offences can access their rap sheets from the Federal Bureau of
Investigation at www.fbi.gov/hq/cjisd/fprequest.htm.
See Tool 1: Glossary: Rap Sheet and Other Terms You Need to Know (page 44)

Information in rap sheets may not agree with what the job seeker
has revealed
Here’s Why
•	 Errors in recording: Human error in documenting can result in grave
mistakes. For example, a clerical error, such as typing 123 instead of 132,
can change the nature of the crime recorded.
•	 Faulty memory or understanding: The job seeker may not remember
correctly or understand the final disposition of an encounter with the
corrections system. For example, charges may have been pled down,
resulting in a lesser conviction, and the person failed to understand the
implication or legal language. If the disposition took place when the
person was under the influence of drugs or alcohol, memory and
understanding could be even shakier.

Going to Work with a Criminal Record

11

Address Criminal Background Barriers to Retention and Advancement
Correcting and clearing records can make a difference not only when the employer does
an initial background check but also when people with convictions are promoted or
moved to another position. Even if employers don’t run background checks for entry-level
jobs, advanced positions may have different requirements or more stringent screens. In
short-term programs, especially those emphasizing rapid placement, job seekers may not
have time to clean up their rap sheets, explore having their records expunged (sealed or
erased) or obtain certificates of rehabilitation. Continuing to help people take corrective
actions after they are employed can lower the risk that they will be denied advancement
opportunities—and become disillusioned after initial employment success.

Discuss advancement in advance
Here’s Why
Rubicon staff discovered that a local biotech company could provide entrylevel manufacturing positions appropriate for job seekers with criminal
records. However, the more skilled and better-paying jobs in the company
occurred in the life science division, where employees work with living
organisms. Because people with criminal records are barred from working in
these positions, the obvious route for advancement was unavailable to them.
Knowing this ahead of time prevented future misunderstandings. However,
an opportunity did exist at the company because it had unwanted turnover
in its manufacturing jobs. The program was able to help fill those positions
and offer its retention services.

Understand Probation or Parole Status
Individuals with past convictions might be on probation or parole. Understanding your
participants’ status and conditions of probation or parole is important. For example, participants may be required to report to a parole officer and/or attend substance abuse or anger
management treatment at times that conflict with program attendance, job search and work
schedules. People may be limited as to where they can work by restrictions on where they
can/must live or by terms that prohibit them from being in certain locations. Curfews can
mean that taking a third-shift job violates parole and could result in jail time. You can do
harm if you arrange training or jobs at times or in places that cause your participants to violate their parole. (Strategies for working with parole can be found on pages 31 and 32.)

Working Ventures

12

Lesson Two

Tackling the
Conviction Question and
Offering Support
In many ways, helping formerly incarcerated people prepare for steady
employment differs little from assisting other low-income individuals. Your
organization and its partners probably offer participants the opportunity to
assess interests, develop soft and job-specific skills, put together a résumé
and learn to interview effectively. An additional skill is required for participants with criminal records: describing their conviction accurately and discussing it in a positive manner—when asked. For organizations that target
former prisoners, preparing them to answer the “conviction question” is a
routine, repetitive part of their job. At other organizations, staff may need
to build expertise by knowing what employers are likely to ask, how much
needs to be revealed and what to advise their participants as they prepare
to face down the elephant in the interview room.

Going to Work with a Criminal Record

13

Know That
…Answering the Conviction Question Is Complex
Employers ask about criminal records on job applications in many different ways, and the
rules about what they are legally allowed to ask vary from state to state.

What You Can Do
…to Prepare Participants
Practice the Right Answers to Employer Questions Throughout
the Job Search
Because omitting criminal record information can be construed as lying and cause for
dismissal from a job, programs should encourage job seekers to give honest and accurate
answers about their criminal records to both the staff and employers.
On Résumés

Program staff can help job seekers develop functional résumés that underscore the job
seekers’ skills rather than chronological résumés that present a series of jobs. Although a
functional résumé downplays employment gaps, employers will sometimes ask how long the
applicant held specific jobs and what he was doing in between them. If necessary, job seekers should be prepared to answer questions and explain their absence from the workforce.
Encourage Truth-Telling:
“I would suggest that the person be up front about gaps in a résumé when
asked because nothing is more refreshing than the honest truth. At least the job
seeker won’t have to look over his shoulder worrying about getting fired if the
company finds out he lied or withheld information.”
—Job developer, CEO

See Tool 2: Examples: Developing a Functional Résumé (page 47)

On Job Applications

Experienced staff assert that leaving the space blank after the question “Have you been
convicted of a crime?” is not advisable. And lying or obfuscating is not an option. Job seekers should answer the question accurately without volunteering additional information.
In order to help job seekers offer accurate and honest but the least damaging answers,
program staff should continuously collect and study job applications and create and
update notes or “cheat sheets” specific to the individual. Job seekers can use the notes
when filling out applications or practicing for interviews. Both staff and job seekers need
to understand the laws in their state that govern what employers can ask on applications
and during interviews and what they can consider when making hiring decisions. (See
Resources for People Convicted of Crimes Who Are Seeking Employment on page 7.)

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14

Know the Rules:
In 1995, Jane had a felony conviction—her only criminal conviction ever. In
2006, she could honestly answer “no” to the job application question “Have
you been convicted of a crime in the past seven years?”

See Tool 3: Scenarios: Thinking about Conviction Questions (page 48)

During Interviews

Just as they should answer honestly on job applications, job seekers with criminal records
should answer honestly during job interviews. However, they should offer no more information than necessary, not disclose too much and not discuss their record with just
anyone. Program staff can offer practice not only in answering questions accurately but
also discussing and focusing on the positives. This could include coaching jobs seekers
to explain what they learned in classes during incarceration, describe the skills gained
through your program and share with employers their personal goals and the goals set for
their family’s future. In fact, teaching people how to honestly, positively and succinctly talk
about their criminal record is a crucial element of program advocacy.
Emphasize the Positive:
“Yes, I was convicted of possession of a controlled substance, but since that time
I’ve stayed away from drugs, got my GED and got my forklift certificate. I’ve
reconnected with my family, and we plan to move into a little bit bigger place
as soon as I get my job.”
After the Interview

Effective job developers follow up with participants after their job interviews. Through
debriefing, they can increase their own knowledge about specific employers and the
questions they ask, including how conviction questions are phrased and whether they
ask “illegal” questions concerning criminal records. Staff can use what they learn during this teachable moment with the freshly interviewed job seeker to develop effective
coaching for other applicants. In addition, discussing the interview can relieve stress
during the job search, especially if the job seekers need to “vent” about their criminalrecord barriers. (See Help the Job Seeker Focus on Employment below.)
See Tool 4: Assessment: Improving Participants’ Answers (page 50)

Help the Job Seeker Focus on Employment
Program staff cite instances of participants who are angry about their records or deny
their guilt and use their job interviews to “try” their case again by expounding on their

Going to Work with a Criminal Record

15

innocence or unfair treatment. Others who have come to terms with their criminal history
and take full responsibility sometimes tell anyone who will listen all details of their past
illegal activities and redemption—much more than employers need to know.
Program staff should encourage job seekers to focus on employment—not on past criminal history—during their job search. By allowing time during the program to tell their stories to case managers and job developers or to peers during workshops and classes, people
can “vent” or acknowledge culpability in an appropriate forum.

Provide a way for people to tell their stories or vent their anger
Here’s How
•	 Inquire about convictions during the first meeting with job seekers—
without advising them what to say. Staff can then assess how they are
likely to respond during a job interview.
•	 Encourage people convicted of crimes to tell their story in detail, listen
attentively and then explain which part should—and should not be
conveyed—to employers.
•	 Suggest to those who continue to dwell on the unfairness of the system
or other aspects of their conviction that they may need to “move on.”
One job developer sometimes points out to chronic “venters” that many
people are convicted of crimes, they are not unique and, putting it bluntly,
they need to “get over it.”

Provide a Group Setting in Which Job Seekers Can Share Experiences
and Receive Support
As part of the Fathers at Work programs, organizations facilitated group meetings for participants that focused on fatherhood development and provided an opportunity for peer
support and networking. Groups also allowed participants to socialize and “let off steam”
among peers about their personal circumstances. CEO staff recommend gathering groups
with a range of ages to capitalize on the experience of older men who can offer good
advice and alternatives to younger group members.

Provide group activities that not only inform but appeal to the job
seekers
Here’s How
Participants in the Rubicon Fathers at Work Program met on Thursdays from
6 to 8 p.m. and considered the weekly event “something to look forward
to.” The group talked about topics “of interest to them, including what was
happening in the hip-hop world.” According to a program case manager,
“The group time was an opportunity for men to connect with other men in a
positive environment. We provided food! That was really important, and the
rest just followed.”
More Than the Written Curriculum
At all programs, the fatherhood development workshops were based on a
curriculum developed by Public/Private Ventures and disseminated by the
National Center for Nonprofit Leadership and Planning (now the National
Project for Community Leadership). However, staff at VFI developed a
workshop format that allowed for a support-group dynamic that encouraged
participants to discuss personal experiences and coping strategies.

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16

Here’s Another Idea
As a father-child activity and motivation for meeting benchmarks and staying
in touch with the program’s alumni group, Impact Services in Philadelphia
arranged for participants and one guest each to go on a tour of New York
City. The trip included a show at the historic Apollo Theater and dinner
at Sylvia’s, a well-known restaurant. Traveling with the tour company’s
usual clients, Impact participants—many of whom had never left their
neighborhoods except to be incarcerated—experienced, in the words of
their job developer, a “normal familylike activity.” The other Fathers at Work
organizations sponsored barbecues, a fathers festival and local field trips.

Support Group as Respite:
“We joke—some people come in just to be in an environment that is not
hostile.”
—VFI participant
A survey conducted during the Fathers at Work demonstration indicated that participants
had exceptionally small employment networks, people they could ask for assistance in
finding a job. In fact, more than two thirds reported that they had two or fewer people
who could help them secure employment. Through group activities, programs offered
the potential for participants to build a network of peers engaged in finding and keeping
employment, allowing them to avoid negative influences from people associated with their
past criminal activities.

Going to Work with a Criminal Record

17

18

Working Ventures

Lesson Three

Finding Willing Employers:
Market Your Organization
as Well as the Job Seeker
Program staff—especially those new to working with people convicted of
crimes—routinely ask how they can obtain a copy of the list of employers
who will hire their job seekers with criminal records. This list does not
exist. Concerned about customer perceptions, most businesses are reluctant to publicly acknowledge that they routinely hire people with criminal
records. In addition, a national “list” would likely prove irrelevant: Not
only do larger companies often leave hiring decisions to local management, but most jobs in the US are generated by small- to medium-size
businesses. In fact, practitioners report greater success placing job seekers in small local companies.

Going to Work with a Criminal Record

19

Know That
…You’ll Need to Develop Your Own List of Willing Employers
Although there is no federal law that requires an employer to hire someone with a criminal history, the U.S. Equal Employment Opportunity Commission has issued guidelines
to encourage employers to show “business justification” for excluding job applicants with
criminal records from employment. Along with inquiring about job requirements and
the employers’ preferences, you will need to ask whether employers will hire those with
criminal records and for which jobs.

…the Employers Are Customers Too
All Fathers at Work organizations used a dual-customer approach by providing services
to employers as well as to their job seekers. Aside from referring qualified job seekers
for open positions, employer services included following up with new employees, helping them meet expectations, mediating and taking appropriate actions when problems
occurred.

…You’ll Need to Cultivate a Mix of Employers
Program staff contend that companies with poorer paying jobs, undesirable working conditions and high turnover can play a important role in helping some job seekers gain skills
and experience that will lead to better employment. This can be especially true for individuals with little work experience or those who have been out of the labor market for a
long period of time due to incarceration.

…Employer Incentives Can Sweeten the Deal but Won’t Open
the Door
Staff reported that few employers hired their participants solely on the basis of incentives. All programs used incentives, such as the Federal Bonding program or the Work
Opportunities Tax Credit (WOTC). For the most part, incentives were offered to employers who were considering hiring participants but needed a bit of extra motivation. The
incentives served as “deal clinchers.”

What You Can Do
…to Engage and Serve Your Business Customer
Research Industries and Employers to Build Portfolios
Whether or not they are working with formerly incarcerated people, effective job developers continuously develop their own employer lists or, more accurately, employer portfolios.
Well-developed portfolios include both employers offering less desirable jobs that allow
people to gain experience and develop skills as well as those with better jobs but more
stringent requirements. Because less attractive employers provide job opportunities to
people with substantial barriers, program staff recommend giving them the same service,

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20

appreciation and recognition as given to high-end companies with good wages, benefits
and better work environments. In fact, in all Fathers at Work programs, staff placed job
seekers in a variety of industries and businesses.

Use the so-called “bad jobs” to develop good skills
Here’s Why
Some jobs have no appeal to job seekers, including working in fast food,
in meatpacking plants or—in urban areas—for messenger services that pay
per delivery. However, some program staff contend that participants with
no work experience and significant barriers can gain soft skills and a track
record of work at these less desirable jobs.
Another Way of Looking at It
The Rubicon Fathers at Work program placed job seekers lacking work experience in entry-level positions, but they focused on jobs that offered experience
relevant to industries with pathways to better positions. Using a career-ladder
approach, staff identified baseline skills for these industries and worked to
get people a “foot on the rung”; two examples were in the building trades and
property maintenance. In keeping with this strategy, staff did not place people
in some of the most obvious entry-level jobs, such as fast food crew members,
because those jobs offered few advancement opportunities.

But Don’t Strand a Guy:
“I agree with the principle of using less desirable
jobs to get started, but harm may come in not
staying in touch with participants and stranding
them in those bad jobs. It’s important that they
know there is a game plan to move them to better
jobs and what the timeline is for those plans.”
–Director of Fathers at Work, Impact Services
Foremost, employer portfolios include information
on the skills, personality and experience necessary to
produce salable products and/or deliver exemplary
customer service for various positions in the company.
With future placements in mind, savvy job developers usually hold in reserve those employers offering
good work environments and better paying jobs with
advancement opportunities until the most highly qualified candidates are available.
Understand Employer Concerns
Some businesses are legally barred from hiring people
with certain types of records; for example, financial
and insurance institutions and some health care businesses. In addition, businesses not prevented by law
from hiring people with these convictions may have

Resource for Engaging
Employers
Job Development
Essentials
With a strong emphasis on
engaging employers, providing services to the business
community and involving businesspeople as resources and
advocates for an organization,
Job Development Essentials
offers practical advice for
making initial contacts,
determining employer needs,
handling objections, following
up on problems and building
mutually beneficial relationships. It also includes strategies for learning about the job
seeker, fostering self-reliance,
making good matches and
helping people maintain stable
employment. For more information, go to www.ppv.org.

Going to Work with a Criminal Record

Resources on Employers
and Former Prisoners
Look for research and
articles by Harry J. Holzer,
Steven Raphael and Michael
A. Stoll, experts in the field
of employment of the formerly incarcerated. Their
work includes “Employment
Barriers Facing Ex-Offenders,”
published as a discussion paper by The Urban
Institute Reentry Roundtable,
and “Will Employers Hire
Ex-Offenders? Employer
Checks, Background Checks,
and Their Determinants,”
a working paper from the
University of California,
Berkeley, Institute of Business
and Economic Research,
Berkeley Program on Housing
and Urban Policy. All are available online.

21

very legitimate concerns. A company providing services
that require a great deal of public trust, such as in-home
installation services or exposure to customers’ personal
or financial information, can be reluctant to hire those
who have been convicted of crimes.
Even when employers are personally convinced of the
job seeker’s trustworthiness, they may be concerned
about perceptions and attitudes of the public if their
workforce includes individuals with criminal records.
Other employers cite liability, including issues connected with responsible hiring, should an employee with
a criminal record harm customers or other employees.
(See the National HIRE Network website for an explanation of the Negligent Hiring Doctrine: www.hirenetwork.
org/negligent_hiring.html.) To clarify concerns and
decide on a strategy for convincing reluctant employers, program staff should first determine both company
policy and practice regarding hiring. Offering access
to the Federal Bonding Program, which provides free
insurance against monetary loss in case of employee
dishonesty, and/or the Work Opportunity Tax Credits
(WOTC), a federal tax-credit incentive, can help you offset employer trepidation. Find your state coordinator for
Federal Bonding and the WOTC at www.hirenetwork.org/
resource.

Don’t Take “No” for the Final Answer
Seasoned staff in programs that work exclusively with formerly incarcerated people, such
as CEO, have little problem asking employers whether they hire people with criminal
records. On the other hand, less experienced job developers often dread inquiring, “Do
you hire people who have been convicted of crimes?” Indeed, many business representatives will say “no,” a response that should not end the conversation. Program staff should
ask additional questions that will provide an opening to explain the program’s services.
For example, “Is your position on people with convictions a policy, or do you make exceptions?” “Does the company have a written policy that hiring managers may not violate,
or is there some leeway depending on the applicant?” “Does your policy rule out certain
convictions or only convictions within a certain time period?” Further probing can reveal
whether the company conducts background checks on all applicants or only on new hires.
If employers say that they don’t hire people who have been convicted but they do not routinely conduct criminal background checks, staff can emphasize that hiring from the program is advantageous because its referrals will come with disclosure of convictions—unlike
walk-in applicants, who might simply lie on their applications. (See Market Your Program
Services below.)

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22

Consider Documenting Willing Employers
Here’s Why
In the planning for Fathers at Work, Impact Services conducted a labor
market survey of local employers. The job development team contacted
businesses in sectors where appropriate jobs likely existed. As well as asking
typical questions about entry-level positions, such as skills requirements,
staff asked whether the business hired people with criminal records. The
employment staff then used the employer profiles in their job development
efforts. When interviewers expressed misgivings, the Impact job developers
were able to refer to specific dates, times and people at the company who
had indicated willingness to hire job seekers with convictions.

Encourage a Yes:
“The way I approach new employers is to say, ‘I know you are an equal opportunity employer, but I should ask you if you are open to employing people with
a conviction.”
—Job developer, CEO
Some programs have found success by identifying a champion within the business, perhaps
someone with a family member who has been to prison or someone who is committed to
giving people a second chance. In addition, programs that also place people without criminal
records may intentionally build a pathway by first sending to employers good workers who
don’t have convictions.
Blaze the Trail:
“The first two guys we sent worked out well, so when the company has openings, it’s interested in our referrals.”
—Director, TAP
Even the most tenacious Fathers at Work program staff conceded that some business operators
had a deep-seated bias against people with criminal records and no amount of logic or convincing would change their minds. In these cases, staff simply moved on to other employers.
Market Your Program Services
More and more workforce organizations are offering retention services to all their business customers, and this approach seems especially valuable when employers express
trepidation about hiring former prisoners. Fathers at Work staff “sold” the program’s services and support rather than the job applicant. Services included the promise to respond
immediately if problems occurred on the job.

Going to Work with a Criminal Record

23

Sell Your Services, Not the Job Seeker:
“When I talk to one of my employer contacts about a job opening, I remind
them that I’m just a phone call away if there are any issues on the job—what
kind of support like that comes with someone they might consider from ‘off the
street’? My candidate comes with a team of people from TAP behind him—buy
one, get four free.”
­—Employment specialist, TAP

Consider Another Reason to Hire:
One employer interviewed during the Fathers at Work demonstration indicated
that her company liked hiring men on parole from the local program. “They
have even more incentive to hold on to a job because being employed is part of
their parole requirement.”

Focus on the Job Requirements When Describing the Applicant,
Not the Conviction
In addition, programs should closely focus on the participant’s abilities when marketing
to employers.
Don’t Bleed:
“I’m surprised at how many job developers I meet who approach employers
with, ‘I know he doesn’t have this or that and he has a record but, please,
won’t you give him a chance?’ I keep attention focused on what the employer
told me the job requirements are and how my candidate meets or exceeds those
expectations.”
—Director of marketing services,
Impact Services

See Tool 5: Checklist: Knowing Who Is Ready to Work and Ready to Hire (page 51)

Be Prepared and Proactive If Things Go Wrong After Hiring
Things will go wrong. Staff members of any workforce program know this, whether they
place former prisoners, former welfare recipients, displaced workers or recent college
graduates. What is most important is for staff to respond immediately when employers
contact them about problems. A tardy response, a brush-off or a tepid attempt to right the
situation often means the employer will not only end up firing the problematic employee
but will no longer hire your referrals and could “bad-mouth” you and your organization to
other businesses.

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24

Help Solve the Problems That Threaten Retention
Here’s One Example
When a Fathers at Work staff member at TAP checked on a recent placement,
he discovered that, although the employer reported that the worker was
doing great otherwise, the hire was having difficulty getting to work on time.
Staff contacted the participant and found he lacked reliable transportation.
A staff member began giving him a ride to work. This time together allowed
the staff member to counsel him one-on-one, including emphasizing the
need to solve his transportation problem. The man did. And kept his job.
Here’s Another
TAP’s staff received a call from another employer, who reported that a
program participant was showing up late and leaving work early. A staff
member immediately checked with the young man, who blamed his mother
for not waking him in time to get to the job. After assessing his commitment
to the job, the staff member called the employer and said that he believed
the worker was not serious and should be let go. The program sent the
employer a more reliable replacement.

On Call for Retention:
“If I find a job and have a problem at work, and I don’t know how to deal
with this problem, I can call somebody at STRIVE and then ask them about
this problem that I have and whatnot. And I’ll ask them could they help me,
because I don’t wanna get fired.”
—Participant, STRIVE
According to program staff, tardiness and absenteeism are major threats to retention, and
it’s important to emphasize employer expectations and to encourage job seekers to be
realistic about their ability to show up on time every day.
Encourage Participants to Be Realistic:
“A $14 per hour job sounds really great, and participants without transportation will say they are
willing to walk back and forth. Reality sets in when
they get the second shift, work 8 or 9 hours, and it’s
pitch dark when they get off work and need to start
walking.”
—Employment specialist, TAP

See Tool 6: Checklist: Providing Retention Services (page 52)

Resource for Helping
Employees Retain
Their Jobs
Employment Retention
Essentials
This guide offers concrete
tools for keeping people
working, including tips on
how to involve employers,
build relationships and stay in
contact with the job seekers
after they have begun work.
Available at www.ppv.org.

Going to Work with a Criminal Record

25

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26

Lesson Four

Consider
Alternative Pathways into
the Labor Market
Often program operators and job seekers with criminal records yearn for
income options that minimize the complications that a record can present
during the job search. Transitional jobs programs provide a bridge to jobs
by combining time-limited subsidized employment with services to help
job seekers overcome barriers and build skills. These programs aim to put
participants to work quickly, an important consideration for those recently
released from prison who need to begin earning an income. In addition,
transitional employment programs often offer a more forgiving work environment—especially for people with geographic constraints and curfews
and who must periodically report to their parole officer. They also offer
the opportunity to build skills and gain experience as well as to access additional services that help people succeed in the labor market. (See information about CEO on page 4.) Temporary employment, through a program
or staffing agencies, can also offer a pathway into the labor market. Jobs
through staffing agencies are often entry level and readily available. People
can take days off to settle legal matters, prepare for better jobs and conduct the job search.

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27

Know That
…Transitional Jobs May Be an Option but Not a Long-term Solution
Fathers at Work program staff agree that transitional and temporary jobs are just that—
transitional and temporary. The stability that full-time employment offers can be especially
important to formerly incarcerated men who may find life on “the outside” complex
and chaotic.

What You Can Do
…to Provide Pathways to Stable Employment
Use Transitional or Temporary Jobs as a Strategy for Stable Employment
Transitional employment, such as the program offered by CEO in New York City, provides
a structure and routine, a paycheck and the opportunity to develop and demonstrate skills
and work habits. Along with earning a paycheck, participants receive life skills training,
career interest assessment and job preparation, including help with their résumés and
interviewing. Program staff develop appropriate jobs, match participants to employers
and offer follow-up services. Receiving an initial chance to work without the stress of a job
search—and the dreaded conviction question—can be motivation to participate in accompanying activities that result in a regular job.
Couple Transitional Employment with Training:
“Transitional employment offers an opportunity for learning occupational
skills as well as basic skills in the context of work. It also gives participants the
time to address legal obligations such as initial meetings with their probation
or parole officer and attending court dates. However, transitional employment
should be only part-time for a specific amount of time and coupled with academic training, such as developing basic skills or obtaining a GED. Otherwise
people can get comfortable with transitional, or even temporary, employment
and don’t want to leave those jobs.”
—Director, Rubicon Fathers at Work
Encouraging formerly incarcerated individuals to sign up with staffing agencies seemed
to be a choice of last resort for the Fathers at Work programs. If participants needed to
take a temp job, one program administrator recommended developing a relationship with
staffing agencies and asking them to have people placed at a single worksite through contract work. Participants then needed to show up for the job every day.
Another entry point into the labor market for participants is staffing agencies run by
nonprofits with the dual mission of earning revenue and helping disadvantaged people get
jobs. Alternative staffing agencies often provide other social supports and have an interest
in helping people find permanent employment. You can read about an alternative staffing
demonstration at www.altstaffing.org.

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28

Although many staffing agencies do background checks, one program referred participants needing immediate employment to an agency that did not run a background check.
In the meantime, staff continued to work toward verifying and clarifying their rap sheets
and matching the temp workers to permanent jobs. According to program staff, an additional reason to use temporary employment is that “finding a job is easier when a person
already has one.”
Finally, while owning one’s own business may seem the answer to employer discrimination,
the irregular hours, sporadic income and lack of second-party verification usually makes
self-employment a poor initial choice for people with convictions. A side business could
generate a bit of supplementary income, and owning a business might be an ultimate
goal, but job seekers who must satisfy parole conditions and child support obligations
need verifiable employment.
About Self-Employment:
“My P/O ain’t trying to hear that.”
	

—Fathers at Work participant

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29

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30

Lesson Five

Make Friends with
Parole

For people recently released from prison or jail, the officers who ensure
compliance with parole or probation are a dominating force in daily life.
Officers supervise through personal contact and by monitoring the parolee’s activities. They perform scheduled and unscheduled visits and can
conduct searches of the parolee’s home, vehicle and possessions. If conditions of parole require attending drug or alcohol treatment or finding a
job, the officer checks for compliance. Parole has the authority to dictate
where the parolee can live, what geographic area he or she must keep to
and when he or she must be off the streets. Officers report on compliance and efforts at rehabilitation during hearings that are scheduled at the
court’s convenience—not around the parolee’s job. In fact, many times
the conditions of parole or probation are at odds with holding down a job.
Regardless, parole and workforce development organizations have interconnected objectives for the same people, including the goal of having
them obtain legitimate employment.

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31

Know That
…Parole Is about Compliance
Although parole or probation may require people to work, their primary focus is to
ensure public safety by making certain parolees adhere to the rules of release. It is not the
parole officer’s job to get people what they need to sustain employment.

…It Is Important to Communicate with Parole
Parole or probation can unknowingly derail your efforts to help people get and keep jobs
if parole supervision requirements conflict with job requirements.

What You Can Do
…to Work with Parole
Make Yourself Known
Fathers at Work organizations offered information about their program to parole officers
and their supervisors, often during meetings at the parole division offices. In addition,
they encouraged participants to inform their parole officers about the program. Staff
members let job seekers know that they were willing to provide information about the job
seeker’s participation directly to their parole officers in compliance with the organization’s policy on release of information. In some programs, staff accompanied participants
to court dates where parole and other law enforcement officers, attorneys and judges
could observe that the parolee was participating in a program and receiving support from
its staff members. In a number of cases, parole and probation systems became a source of
referrals for program participants.
Parole as Recruiter:
“Well, I heard about it through my parole guy. When I first got out of jail, he
told me—–this is what brought me up—you got to find a job, you know, basically to stay out of trouble, so he gave me a list of different things like STRIVE
that help you get a job.”
—Participant, STRIVE

Let Parole Know What You Do
Here’s Why
In Richmond, CA, staff members of Rubicon’s Fathers at Work program met
with local parole and probation officers to introduce the team, present the
program’s services and discuss what was needed to cooperate. Rubicon
developed a release form so staff could share information. For example,
Rubicon informed parole officers when the participant found work; parole
cooperated by scheduling check-in times around the participant’s job. The
partnership was made easier because parole’s management had been
informed about the program and approved of its efforts to help parolees find
employment. The two organizations had regularly scheduled meetings, and
as the relationship developed, parole began to recruit and refer people to
Rubicon’s program.

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Working Ventures

Build Relationships with Individual Parole Officers

Program staff developed close relations with individual parole officers, who could then pick
up the phone and intervene with their colleagues on behalf of other program participants.
Persistence can be important when officers manage large caseloads and don’t make themselves available on a consistent basis.
Involve Parole in Your Program

In order to celebrate participants’ success in getting and keeping jobs, parole and probation officers were invited to graduations and other program events.
See Tool 7: Worksheet: Reflecting and Taking Action (page 53)

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34

Lesson Six

Learn to Navigate the
Child Support System

Although the Child Support Enforcement Program is defined by federal
statute, child support enforcement laws and procedures vary from state
to state. This includes how child support orders—court orders that assert
when, how often and how much parents must pay to support their children—are handled when someone is incarcerated. Most states will not put
child support on hold, and arrearage grows unless the parent petitions successfully to have the support order modified. According to Fathers at Work
program staff, many prisoners misunderstand their orders, thinking that
the child support enforcement agency knows they are incarcerated and
unable to work and that payment will be suspended. Others simply resign
themselves to having significant debts, including back payments with interest, upon their release. Enthusiasm to seek legitimate employment is often
dampened because employers are required to report new hires, wages are
withheld and tax refunds are used to offset debt. An additional disincentive
for working a legitimate job and connecting to the child support system
occurs because the custodial parent, if she is on welfare, receives only the
pass-through amount of the payment, typically $50 per month. Why pay on
the books when the child could receive more money if the father makes
informal payments? Child support, especially arrearage, can be a significant
issue for formerly incarcerated fathers—and for the workforce programs
that train and place them.

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35

Know That
…Child Support Is Obligatory and Action Can Be Taken to Enforce
Orders
Once paternity is established and orders issued, parents are obligated by law to pay support. Along with wage withholding, child support enforcement can try to bring recalcitrant parents into compliance by seizing and selling property, suspending driver’s licenses
and in some states jailing support evaders.

…Child Support Enforcement Agencies Focus on the Needs of Children
Although strict enforcement of policies concerning arrearage may seem counter-productive,
it is meant to assure that children receive financial and medical support regardless of their
parents’ circumstances.

What You Can Do
…to Work with Child Support Enforcement
Help Participants Resolve Child Support Issues
Program staff reported that many of their formerly incarcerated fathers have complex
child support obligations; for example, support orders issued for multiple children or
orders enforced in different locations. Participants were often uncomfortable dealing with
child support enforcement in part because of past court experiences that may have led
to their incarceration but also because they did not understand the process and felt they
would be treated as “deadbeats,” “the enemy” and “offenders” once again. By encouraging
participants to establish paternity, receive support orders and take steps to make regular
payments, Fathers at Work programs helped demystify the process and set participants on
a course to meet their rightful obligations.
A Show of Support:
“VFI helped me a lot because they called to find out how much you owe or they’ll
go with you to court and present you right here in the courthouse. It’s really good
to have somebody come with you from your school just to be by your side and help
you through it.”
—Participant, VFI

36

Working Ventures

Offer Information and Assistance on Dealing with
Child Support Enforcement
Here’s How
As did all Fathers at Work programs, CEO offered classes to educate
participants about child support and its ultimate goal to benefit their
children. Using some of its Fathers at Work grant, the program also hired
staff to help participants fill out support-order petitions and to correct
rumors among the fathers about what child support enforcement could do
or demand of them. Once the relationship between CEO and child support
enforcement was established, participants received more timely action on
their orders and did not have to “sit around for three or four hours waiting
to talk with a clerk.” Staff also prepared participants for court hearings,
including how to dress, what to expect and how to respond to questions—as
well as to the mother of their children if exchanges were likely to be hostile.
The court came to recognize that staff members were there to provide
support and to encourage fathers to take responsibility.

Inform Child Support Enforcement about Your Program Services

As some Fathers at Work programs demonstrated, the goal of the programs and the participants to gain stable employment intersected with the goal of child support enforcement to obtain financial support for the participants’ children. As with parole agencies,
staff from programs seeking partnerships with child support enforcement made presentations about their services and arranged, with participant permission, to share information.
Child support enforcement provided information concerning the participants’ obligations, including liens and waivers; the programs shared who enrolled in the program,
where they were employed and what they were paid.

Establish a Relationship with Child Support Enforcement
Here’s Why
As part of its relationship with Impact Services, the Family Court in
Philadelphia accommodated the needs of Impact participants by “bundling”
orders and facilitating efficient court appearances. This way, fathers who
had multiple child support orders or petitions with the court could come in
for a single appointment rather than have to make multiple appearances in
court as they would have otherwise. Program staff reported that this was
important for participants who needed to take time away from jobs again
and again to appear in court. It was also significant for individuals coming
in from residential supervision settings such as halfway houses, who had to
wear handcuffs or restraints to appear in court multiple times.

Going to Work with a Criminal Record

37

Working Ventures

38

Lesson Seven

Take a Close Look
in the Mirror

The large number of people released from prison each year affects many
of us. Nowadays most of us know people with criminal records, we are
related to people with records, and in some communities many formerly
incarcerated people live among us. Regardless of these increased personal
connections, preconceived ideas about people who have been convicted
of crimes and how they are likely to behave can influence the treatment
and services they receive from our workforce programs. Personal bias can
influence where job developers place people with records, but negative attitudes of other staff members—and administrators too—can also affect the
educational opportunities, career counseling and support services offered
to formerly incarcerated individuals seeking jobs. You may want to step
back and examine your own attitude and the decisions you and your staff
make regarding your participants with criminal records.

Going to Work with a Criminal Record

39

Know That
…You Are Likely Working with People with
Criminal Records Already
Although four of the six Fathers at Work programs did not exclusively recruit former prisoners, 76 percent of the young, low-income fathers who enrolled across the demonstration
reported having criminal records. Your organization may be likely to have a similar experience, depending on your location and ability to recruit low-income males. Even if your
organization serves mostly women, you may be seeing more and more participants with
convictions, as the number of women with criminal records is on the rise.

…There May Be Certain Types of Convictions Your Organization Can
Best Serve
Overwhelmingly, people leaving prison have been convicted of nonviolent crimes—property and drug offenses, according to the October 2004 Bureau of Justice Statistics Fact
Sheet. However, certain convictions—and some formerly incarcerated individuals—may
require expertise your staff does not possess, such as working with people convicted of
violent crimes or sex offenses. Programs often refer individuals they are unable to assist to
programs that can.

What You Can Do
…to Effectively Work with Formerly Incarcerated People
Consider Hiring Staff Who Can Identify Directly with the Circumstances
of Participants
Fathers at Work programs learned that their services were strengthened by having staff
who could identify with the circumstances of participants. These staff members included
men who were noncustodial fathers themselves, men with criminal records and former
program participants.
Walk the Walk:
“Our organization works hard to get its participants with criminal records into
other industries, so I’m a strong advocate for our ‘industry’ hiring them also.”
—Director, Rubicon Fathers at Work
Although some people with backgrounds similar to participants may lack professional
credentials, they can possess special insight and a willingness to interact with participants
in ways other staff members do not understand or know how to do. Programs hired staff
“who had been there” to do outreach, intake and troubleshooting as well as to teach participants how to access job information on the computer. According to program administrators, these staff members offered a high level of commitment.

Working Ventures

40

Someone Who Cares:
“Can you hear it in my voice? I’m passionate about my job.”
—Staff member with a conviction

Find Ways for Participants to Work in the Program
Here’s One Way
Rubicon Programs recruited and paid $25 per session to young men as
pilot/planning team members during the Fathers at Work start-up. Once
the program was launched, the planners enrolled and offered feedback on
services, led groups of fathers and acted as role models for participants.

Although staff who are themselves noncustodial fathers and/or who have been incarcerated can offer authenticity to the program and empathy to participants, Fathers at Work
staff recommend hiring individuals with the ability to engage participants and serve as a
bridge to employers.
Look for the Right Skill Set:
“It’s important to hire people with a combination of both “street” and professional skills. Staff working with noncustodial fathers all need to have a
working knowledge of the child support system so they can partner with child
support enforcement.”
—Director of participant services, CEO

Look for Potential:
“I worked with a couple of guys in a group setting and could tell that they
wanted to make a change and were able to motivate others. And they could
market our program. We hired them, and one is now a case manager, and the
other one, who went back to college, is training to be a job developer.”
—Director of marketing services, Impact Services
One program manager also pointed out that staff members must be unafraid to interact
with former prisoners. He suggested that staff concentrate on building relationships and
that they allow participants to talk instead of “being the authority on everything.”
See TOOL 7: Worksheet: Reflecting and Taking Action (page 53)

41

Going to Work with a Criminal Record

Conclusion

U

nderlying all lessons in Going
to Work with a Criminal Record
are two important but contradictory realities. First,
although laws and policies affecting people
with criminal records vary from state to
state, most are not aimed at giving individuals a second chance. Instead, they are about
public safety, compliance and meeting obligations. Efforts of workforce development
organizations to assist the job seekers and
to engage employers may be constrained,
for example, by laws barring people with
convictions from specific occupations, curfews or geographical restrictions imposed
on parolees, or policies that require significant withdrawal of wages in order to repay
child support arrearages. Other regulations
and policies affecting employment not
specifically discussed in the guide include
those preventing individuals with convictions from receiving public assistance or
food stamps, living in public housing or
obtaining Pell Grants for further education.

Second, few citizens object to people who
have been incarcerated getting jobs, paying child support and paying taxes. Former
prisoners with jobs are less likely to commit
crimes and return to prison—where the
general public pays dearly for their upkeep.
This second reality offers opportunity.
As you incorporate the lessons in Going to
Work into your program, you are in a unique
position to advocate for changes that reflect
the public’s values—changes that will allow
people with criminal convictions to more
readily stabilize their lives, improve their
skills, take jobs and support themselves and
their families.

42

Working Ventures

The Tools

Working Ventures

44

TOOL 1:	 Glossary: Rap Sheet and Other Terms
You Need to Know

Arrearages: a legal term for debt that is overdue.

What this means to you: Incarcerated parents with orders for child support
can leave prison with significant arrearage—in some cases in the six digits.
Once the parent starts working, child support enforcement will collect the
debt through wage withholding of up to 65 percent per paycheck—a distinct disincentive for some people to take the legitimate employment your
program tries to facilitate.
Barred Occupations: specific types of employment from which individuals with criminal
records are excluded by statute or by administrative decision.

What this means to you: Program staff should know which occupations are
barred to job seekers based on their convictions. This varies from state to
state and often includes occupations requiring licensing. It is obviously
counterproductive and harmful to provide training for or refer people to
jobs that they are legally barred from taking.
Certificates of Rehabilitation: documents issued by a few states that restore rights to
former prisoners who are deemed rehabilitated. Rights include those affecting employment, housing and voting.

What this means to you: If your participants can obtain a certificate of rehabilitation, they may no longer be barred from certain occupations solely
because they have a criminal record and may have a wider range of jobs
from which to choose—potentially better paying or more satisfying jobs.
You could offer information and may be able to help individuals gain a certificate. You could also educate employers about what the certificate means
or to advocate for your state to offer certificates.
Child Support Enforcement: a federally authorized program that ensures that parents
with custody of children receive assistance from noncustodial parents. Child support
enforcement is carried out by state and local agencies, whose policies and practices
vary. Agencies focus on locating parents, establishing paternity and support obligations
and enforcing support orders.

What this means to you: Child support enforcement policies can include withholding wages for arrearage (see above), suspending driver’s and occupational licenses and, in some states if the obligated parent is not paying the
required support, taking legal action that could result in a jail sentence. You

Going to Work with a Criminal Record

45

may be able to partner with your local child support enforcement agency to
share information and discuss actions that encourage participants to seek
employment and meet their rightful obligations.
Conviction: a legal judgment finding a defendant guilty of the crime.

What this means to you: Being convicted of a crime puts your participants at a
distinct disadvantage when seeking employment. They may be barred from
certain occupations; businesses may be cautious about hiring them because
of public perceptions; and some employers may discriminate because of
personal bias against those who have committed crimes. Most states do not
prohibit this type of bias. Among other actions, you can assist by seeking
out employers willing to hire individuals with convictions as well as helping
your participants answer questions about their convictions honestly and
with a positive attitude.
Criminal Record: See Rap Sheet.
Expungement: a sealing or erasing of records about a person’s arrest, detention, trial
or disposition of an offense. Guidelines for which records can be expunged differ from
state to state.

What this means to you: If your job seekers are able to have their records
expunged, with some exceptions, they can truthfully tell employers that
they have not been arrested, charged or accused of a crime. However, regulations governing expungement varies from state to state; factors include
the amount of time passed since imprisonment and probation have been
completed and what type of crime was committed. Staff can inform themselves about the issues surrounding expungement and refer participants to
organizations that provide advice and legal assistance.
Federal Bonding Program: a program sponsored by the Department of Labor that provides free insurance to protect an employer in case of loss of money or property due to
employee dishonesty.

What this means to you: By providing free bonding through the program, you
can offer an incentive to employers to hire former prisoners who are often
perceived as more likely than other applicants to steal or otherwise cause
loss to the business.

46

Working Ventures

Parole: serving part of a sentencing outside of prison, in the community, under supervision.

What this means to you: Your participants who are on parole must comply with
certain conditions, including checking in with a parole officer. Not doing so
could result in being sent back to jail. Parole officers may require parolees to
meet with them at times that conflict with training, job search or employment.
Sticking to curfews and staying within designated areas also adversely affect
employment possibilities. Your program may be able to partner with parole to
share information about compliance issues and program participation and to
jointly encourage former prisoners to find legitimate employment.
Probation: conditional freedom granted by the court after conviction or a guilty plea with
requirements regarding behavior. Violation of requirements can result in a person having probation revoked and being sent to jail or prison. Supervision is usually by a probation officer.

What this means to you: Just as compliance with parole can affect employment for your participants (see above), so can meeting the conditions of
probation. By contacting and partnering with probation officers, you may
be able to help job seekers obtain employment while still complying with
conditions—which sometimes include getting a job.
Rap Sheet (Record of Arrest and Prosecution): an official record of arrests and convictions.

What this means to you: Because some employers who conduct background
checks will see information on rap sheets, you should encourage participants to verify that the information is accurate, have it corrected if necessary and then make certain their answers to employers’ questions don’t
contradict what is recorded. Most employers, however, use commercial
background check companies to obtain criminal record information. You
may want to obtain the rap sheets and commercial reports on their behalf
in order to confirm that the information your participants give you is accurate so you do not misrepresent them to employers. Also, by knowing about
their record, you can help them practice providing appropriate answers to
employers’ questions about convictions.
Work Opportunity Tax Credits (WOTC): a federal tax-credit incentive for employers who
hire individuals who qualify as members of nine different target groups, including formerly incarcerated people.

What this means to you: Because businesses that employ individuals less than a year
after their conviction or release from prison are eligible for a tax credit, your program can use WOTC as an incentive for employers to hire your participants.

47

Going to Work with a Criminal Record

Tool 2:	 Examples: Developing a Functional Résumé
Instructions: The two examples demonstrate the difference between a chronological résumé
that could raise questions about employment gaps and a functional résumé that focuses on
skills. Use the examples to understand the difference. Then help job seekers develop a functional résumé if gaps or a lack of job history are likely to affect their employment.
Chronological

Functional

Leandro Caslon
65 Center Ave
Urbcit, NY 00000
Message Phone (000) 000-000

Leandro Caslon
65 Center Ave
Urbcit, NY 00000
Message Phone (000) 000-000

Objective:	Gain a position in building
maintenance

Objective: Gain a position in building
maintenance

Experience
Maintenance Assistant, Urbcit Jobs Program
11/07 - present
•	Maintain public areas and offices, including sweeping and mopping floors
•	Recycle materials and dispose of waste
•	Make minor repairs, including plumbing
and carpentry
•	Clean up safety hazards

Outline of Skills

Construction Worker, TF Construction, Inc.
01/07 - 06/07
•	Installed siding
•	Cleaned up work site
Assembler, Bagbet Industries
09/03 – 01/05
•	Assembled furniture, including trimming,
sanding and gluing joints
Education
GED, 07/04
References
On request

•	Use construction and cleaning tools
safely, including hand tools, power
tools, measuring devices, ladders and
floor polishers
•	Follow oral and written instructions
well
•	Perform inventories and submit
reports
•	Perform accurate calculations and
estimates for ordering supplies
•	Work well as a team member and
problem solver
•	Speak, read and write English and
speak Spanish
Maintenance/Construction Experience

•	Performed routine cleaning and
maintenance for 4000 sq. ft. building,
including kitchen and restrooms
•	Installed metal siding/windows in new
homes
•	Worked as a team member on a
conveyor line to assemble furniture,
including trimming, sanding and
gluing joints, attaching glue blocks
and metal brackets and inspecting to
assure product met standards
Employment History

Maintenance Assistant, Urbcity Jobs
Program
Construction Worker, TF Construction
Assembler, Bagbet Industries
Education: GED, July 2004
References: On request

Working Ventures

48

Tool 3:	 Scenarios: Thinking about Conviction Questions
Instructions: Use this tool to prepare yourself to advise job seekers on how to answer questions about arrests and convictions. Decide whether the five example job seekers should
answer “yes” or “no” to the various questions. Also consider whether the jobs described are
appropriate for the job seekers. Answers appear on the following page.
Conviction questions

Example participants
Jane, according to her rap sheet,
served six years after a felony
drug conviction in 1995. She’s
applying for a job as an administrative assistant at a warehouse.
John, according to his intake
interview, was arrested on suspicion of drug trafficking in 2001
but was never convicted. He’s
applying for a job as an aide at a
nursing home.
Terry was just referred to your
program from a residential substance abuse treatment center. He
is proud that he has “never done
time for anything,” though a serious addiction made it impossible
for him to hold a job.
Jack, according to his rap sheet,
served six years after a felony
theft conviction in 2000. He’s
applying for a job as a teller
trainee in a bank.

1.

2.

3.

Have you ever
been arrested? If
so, explain.

Have you ever
been convicted of
a crime, offense
or violation of
the law? If so,
explain.

Have you been
convicted of a
crime in the past
seven years? If so,
explain.

49

Going to Work with a Criminal Record

Scenarios:
Thinking about Conviction
Questions
Answers to the questions
Jane:

1. yes; 2. yes; 3. no. To explain her conviction, Jane might say: “In 1995 I was
convicted of a nonviolent offense. I completed my sentence without any further
problems, and I’m committed to making
the negative experience become a positive
reinforcement in my life. I have completed
my (secondary education, got my GED,
started taking college courses, successfully completed training for…). I’m in
recovery for (however long), and I have a
strong support system. I have the following
goals…. I will be an asset to your company
because….”
John:

On the basis of the interview only and
because John claims he has never been convicted, the answer to Question 1 is yes. The
answers to Questions 2 and 3 are no.
However, some states prohibit employers
from asking about and considering arrests
that did not lead to conviction in employment decisions. For example, in New York,
asking about arrests that didn’t lead to
conviction is prohibited and, if John lives
in New York, he can say “no” to that question. Consult with an employment attorney
in your state or visit www.lac.org/lac, the
Legal Action Center’s website for a state-bystate analysis of reentry laws. Also, be aware
that certain industries may require the

disclosure and consideration of arrests that
did not lead to conviction, for example, the
nursing home/home healthcare industry.
To explain his arrest, John might say: “In
2001, I was charged and not convicted for a
nonviolent offense. I have not had any further contact with the criminal justice system
and have accomplished several things since
then, such as (furthering my education,
being a positive role model to my children
and in the community, getting vocational
training, holding down a job). I will be an
asset to your company because….”
Terry:

Before you advise Terry about answering
any questions, you must review his criminal
record history on paper. Terry may not
remember or may be confused about his
case dispositions, not only because of his
addiction history, but because the criminal
court process is often fast and bewildering.
Have Terry obtain his rap sheet for review.
This is what an employer will base the decision on; you should do the same when
advising any job seekers.
Jack:

1. yes, 2. yes, and 3. no, if he is applying
for the job after 2007. However, because
of the nature of his conviction, Jack may
be barred from working in a bank or other
financial institution.

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50

Tool 4:	 Assessment: Improving Participants’ Answers
Instructions: Use this tool to assess—and then discuss with job seekers—their responses to:
“Tell me about your conviction.” Consider using the tool during training sessions, workshops or support groups by having participants listen as their peers explain their conviction, discuss appropriate answers and offer their own interview experiences.
Assess how the job seeker answered “Tell me about your conviction.”
1.	 Did the applicant offer the right amount of information?

	
	
	
	

	 Not enough information
	 Too much information
	 Right amount of information
Comments:

2.	 Did the applicant speak positively?

	
	
	
	

	 Answered in a negative way
	 Didn’t talk about what he/she learned or accomplished during the experience
	 Yes, spoke positively about what he/she learned and accomplished.
Comments:

3.	 Did the applicant sound sincere?

	
	
	

	 No, sounded as if he/she had something to hide
	 Yes, seemed sorry about the crime and ready to move ahead
Comments:

51

Going to Work with a Criminal Record

Tool 5:	 Checklist: Knowing Who Is Ready to Work and
Ready to Hire

Instructions: All of the basic principles for effectively matching any job applicant to an
employer apply to participants who have criminal records. However, there may be additional
considerations for job developers seeking to find the right job and the right employee when
a criminal record is part of the mix. As you determine whether to refer a particular job seeker to a particular employer, use this tool to help you make a good match.
Employer/Job:

DM Supply

3	 Offers employment that meets the participant’s needs or provides experience and
training that makes it possible to move to a
job that does

3	 Will consider hiring the applicant with his
specific conviction and would be comfortable employing him

3	 Provides supervision that is fair, nondiscriminatory, accepting of those from the participant’s background and would be sensitive
to his circumstances

3	 Offers a work environment and schedule
that would encourage/allow the participant
to keep his job

3	 Provides a workplace with minimal influences likely to cause the participant to violate parole or commit another crime

3	 Will allow staff to contact the appropriate
person to check on the participant’s progress, offer support and help solve problems
should they arise

3	 Other reasons this employer/job would be
a good match for the participant:

DM hired our guys before

Participant:

Tony Jamison

3	 Has the skills and experience the job requires
3	 Knows what the job requires and either
wants—or is willing—to do it

3	 Can meet the employer’s expectations for
punctuality, attendance and productivity

Employer subsidizes monthly bus pass

3	 Will fit in well with coworkers
3	 Is amenable to training and supervision,
including corrective feedback

3	 Will accurately answer questions this
employer is likely to ask, including those
about convictions

3	 Has dealt with legal and other obligations
that could affect doing the job well

3	 Is certain that taking the job will not violate
parole, probation or other court mandates

3	 Is committed to staying on the job a reasonable amount of time
	 Will stay in touch for regular check-in, in
case of problems on the job or for help with
advancement when ready

Need to discuss this!!!
Other reasons this participant would be a
good match for the employer/job:

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Working Ventures

Tool 6:	 Checklist: Providing Retention Services
Instructions: Use this checklist to consider how you might improve your retention services
for formerly incarcerated people once they have been hired.

Does Your Organization:
Continue to offer employed participants support and assistance to deal successfully with
parole and child support enforcement?
For example: verifying employment status,
wages or continued involvement in the
program.
Have a process for keeping in touch with
employers concerning participants’ performance and needs?
For example: arranging regular check-ins at
the employers’ convenience until new
employees are meeting expectations.
Help solve problems and/or mediate with participants, their employers and others about
concerns related to convictions?
For example: the need to arrange time off
work for court appointments, withholding
wages for fines or child support arrearage or
complying with parole/probation.
Provide referrals to others who can help with
challenges that can cause people with criminal records to quit or lose their jobs or limit
advancement opportunities?
For example: legal advice, housing and/or substance abuse treatment.
Sponsor peer alumni groups that meet regularly to discuss and offer support on issues of
concern?
For example, feeling singled out, isolated or
the first suspected of misdeeds on the job.
Offer assistance with promotion and
advancement?
For example: help accessing skill training or
help expunging convictions or gaining certificates of rehabilitation that would allow participants to take better paying, more satisfying
jobs.

Yes

No

If no, what could you do to provide or improve this support?

53

Going to Work with a Criminal Record

Tool 7: Worksheet: Reflecting and Taking Action
Instructions: Under the middle column, record what your program does well and what you
did not know about the key areas listed in the column on the left prior to reading Going
to Work. Then decide and record in the right-hand column short- and long-term actions
you could take to better assist formerly incarcerated people who enroll in your program.
Use the worksheet during program planning.
Reflection and Action Worksheet
Key Areas

Reflection such as
“We’re good at...”
“I never realized…”

Actions
“Next week, I will….”
“Next quarter, our
	 program will…”

Preparing People for the Job
Search

Example: We could probably
do a better job at the beginning identifying any legal obligation likely to affect the job
search.

Add question about pending
court dates to intake interview
questions, starting with next
week’s group

•	 Understanding the job seeker’s criminal record/supervision status and what it means
related to employment
•	 Knowing which occupations
are unavailable to people
with certain convictions
•	 Making sure job seekers have
proper documentation
•	 Encouraging job seekers to
obtain/correct their rap sheets
•	 Helping job seekers develop
functional rather than
chronological résumés when
appropriate
•	 Understanding the complexity and legal aspects of
asking and answering questions about convictions
•	 Providing opportunities
for job seekers to practice
answering questions about
their conviction on job applications and during interviews
•	 Helping the job seeker focus
on employment, not on their
convictions
•	 Providing opportunities for
job seekers to share experiences and receive support
from peers

Working Ventures

54

Tool 7:	 Worksheet: Reflecting and Taking Action Continued

Reflection and Action Worksheet
Key Areas
Engaging Employers
•	 Developing a portfolio of
employers willing to hire
people with criminal records
•	 Focusing on the job seekers’
skills rather than their conviction when making referrals to
employers
•	 Understanding and meeting
employer concerns
•	 Treating employers as valued
customers, including those
with less than ideal jobs
•	 Marketing services that will
help employers retain your
referrals, including problemsolving and mediation when
necessary
•	 Following up immediately
when problems arise on the
job with people you have
referred
•	 Offering employers incentives such as federal bonding
or WOTC when appropriate
•	 Exploring alternatives, such
as transitional or temporary
jobs, that can lead to permanent, stable employment
Forming Relationships With
Parole
•	 Understanding the need for
job seekers to comply with
parole
•	 Informing parole about your
program
•	 Building relationships by
identifying/working toward
similar goals, if possible

Reflection

Actions

55

Going to Work with a Criminal Record

Tool 7:	 Worksheet: Reflecting and Taking Action Continued

Reflection and Action Worksheet
Key Areas
Forming Relationships with
Child Support Enforcement
•	 Understanding the need for
job seekers to comply with
child support enforcement
orders and how this affects
their employment
•	 Informing child support
enforcement about your
program
•	 Building relationships by
identifying/working toward
similar goals, if possible
Preparing Yourself and Your
Organization
•	 Understanding that you will
be working with formerly
incarcerated people and
may need to develop special
expertise to serve them
effectively
•	 Knowing where to refer
people who, because of their
type of conviction, can be
better served elsewhere
•	 Having staff who can identify
with the circumstances of
people with criminal records

Reflection

Actions

Working Ventures

56

Tool 8: Resources
On Employment for People with Criminal Records

The National H.I.R.E. Network offers a clearinghouse for state-specific
resources, information and assistance for job-related and legal services
related to criminal records and employment. www.hirenetwork.org.
Employment Discrimination and What to Do About It, published by Legal Action
Center, contains practical guidance on how people with criminal records
should handle discussions of their convictions on employment applications
and during job interviews. The publication has been adapted for California,
Illinois, New York, Pennsylvania and Virginia and can be downloaded. www.
lac.org/pubs/pubs_top.html.
For Engaging Employers

Job Development Essentials offers practical advice for making initial contacts, determining employer needs, handling objections, following up on
problems and building mutually beneficial relationships. It also includes
strategies for learning about the job seeker, fostering self-reliance, making
good matches and helping people maintain stable employment. Available
at www.ppv.org.
About Employers and Former Prisoners

Look for research and articles by Harry J. Holzer, Steven Raphael and
Michael A. Stoll, experts in the field of employment of the formerly incarcerated. Their work includes “Employment Barriers Facing Ex-Offenders,”
published as a discussion paper by The Urban Institute Reentry Roundtable,
and “Will Employers Hire Ex-Offenders? Employer Checks, Background
Checks, and Their Determinants,” a working paper from the University of
California, Berkeley, Institute of Business and Economic Research, Berkeley
Program on Housing and Urban Policy. All are available online.
For Helping People Retain Their Jobs

Employment Retention Essentials offers concrete tools for keeping people
working, including tips on how to involve employers, build relationships
and stay in contact with the job seekers after they have begun work.
Available at www.ppv.org.

Public/Private Ventures
2000 Market Street, Suite 600
Philadelphia, PA 19103
Tel: (215) 557-4400
Fax: (215) 557-4469
New York Office
The Chanin Building
122 East 42nd Street, 42nd Floor
New York, NY 10168
Tel: (212) 822-2400
Fax: (212) 949-0439
California Office
Lake Merritt Plaza, Suite 1550
1999 Harrison Street
Oakland, CA 94612
Tel: (510) 273-4600
Fax: (510) 273-4619
www.ppv.org

May 2008