With the holidays behind us, many are putting their energy and efforts into New Year’s resolutions. For many, this means going to the gym to drop a few holiday pounds or finally finishing that home improvement project they put off all year.
But for the more than 600,000 individuals leaving the criminal justice system who have paid their debt to society, they must resolve to do something even more daunting: make the most out of their second chance, create a successful life and avoid returning to the criminal justice system.
Avoiding recidivism often depends on one key factor: finding a job. This task often proves difficult among those released, as 60 to 75 percent of those returning to society are unemployed a year later. A large part of this unemployment is due to barriers that lock ex-offenders out of opportunity.
The sad fact is that when an employer wants to give someone a second chance, laws at the state level can make it difficult to do so. One way this happens is through a denial of occupational licenses to those with a history in the criminal justice system.
Occupational licenses are government permission slips to work in certain professions. In the 1950s these licenses covered approximately 5 percent of the workforce, mostly for professions such as doctors and lawyers. Today, occupational licenses cover approximately 25 percent of the labor market reaching into a vast range of professions including barbers, athletic trainers, and even florists.
The requirements to obtain these licenses are often onerous, expensive, and often out of touch with the professions themselves. For example, in the state of New Jersey it takes 1,460 days of training and $370 in fees to become an athletic trainer and only 28 days to become an emergency medical technician.
While the basic requirements for licenses already create an outrageously high hurdle for many, obtaining a license is nearly impossible for those with a criminal record. Many states have allowed licensing boards to deny licenses to those with a criminal record.
Sometimes these policies are well-intentioned, but in practice they usually do far more harm than good. For example, the state of Illinois bans anyone with a criminal record from obtaining at least 118 different occupational or business licenses, including licenses for professions like nail technicians and geologists. Likewise, 28 other states can reject applicants solely on the basis of their legal history. Is there really a compelling public interest in stopping someone who made a mistake in their 20s from studying the earth or painting nails?
These policies come with huge costs. A 2014 report from the Texas legislature found thousands of people were denied licenses, and the opportunity to provide for themselves, due to their criminal records.
States also bear the costs of these denials. According to an Arizona State University study, states that restrict people with criminal records from obtaining licenses have much higher recidivism rates: nearly 10 percent. Conversely, states that have lower licensing burdens see recidivism decrease by more than 4 percent. Since the average annual cost to house a prisoner is more than $30,000, every re-entrant to the criminal justice system is costly to taxpayers.
This year, state legislators across the country have also been making resolutions for 2017. Many of them aspire to reform our broken criminal justice system and give people a real chance to lead fulfilling, productive lives. Opening the door to employment for those who have paid their debt to society is a good place to start.
* Correction: This post originally credited the University of Arizona with the study actually published by Arizona State.
David Barnes is policy director at Generation Opportunity. Thinking of submitting an op-ed to the Washington Examiner? Be sure to read our guidelines on submissions.
