Giving Former Incarcerees a ‘Fair Chance’ at a Decent Job

Nearly a quarter of all jobs in the U.S. require some type of government-issued license. For years, many states prohibited individuals with criminal or juvenile records from receiving these credentials, effectively blocking them from the very jobs that could open doors to higher wages, consistent income, and much needed stability.

Even worse, those laws exacerbate labor shortages by taking willing workers out of the job market who could fill essential jobs in critical fields.

Across the country, a number of states have decided to do something about this.

During the 2021 legislative session, 10 legislatures made significant progress in adopting laws that expand licensing opportunities for people with criminal histories.

Last month, The Council of State Governments (CSG) Justice Center launched the Fair Chance Licensing Project, an unprecedented effort to track reforms that reduce barriers to employment for people with criminal and juvenile records across all 50 states.

States have implemented a variety of fair chance licensing reforms in recent years. For example, in Illinois, North Carolina and Texas, licensure boards are prohibited from considering arrests that failed to result in a conviction. They recognize that such arrests alone are not reliable indicators of a person’s guilt, nor do they adequately demonstrate whether licensure would pose a significant risk to public safety.

Other states, such as Colorado, Florida and New Hampshire, prohibit the consideration of misdemeanors and lower-level, nonviolent felonies in licensure determinations, realizing that these offenses do not portend whether licensure will pose a risk to the public.

The CSG Justice Center launched the Fair Chance Licensing Project to track states’ efforts to open licensure opportunities to individuals who have previously been involved in the justice system. This 50-state scan provides a ready resource for policymakers, advocates and people with previous justice system involvement to receive up-to-date information about fair chance licensing reforms in every state.

In addition, the CSG Justice Center identified 14 best practices that support fair chance licensing. These include creating detailed standards to ensure that all applicants are fairly considered in the full context of their past and current circumstances and allowing workers to find out whether their criminal history will result in the denial of a license before investing time and money in pursuing necessary education or training.

Along with the 50-state scan, the CSG Justice Center developed an educational resource called “The Living Room Premiere,” which is a 45–60-minute interactive workshop that aims to raise awareness and promote discussion in communities about barriers to work for people with criminal records.

Nicole Jarrett

The workshop materials were developed to assist civic leaders, including elected officials, justice professionals, and community advocates.

To learn more about the CSG Justice Center’s Fair Chance Licensing Project or to find out which reforms have been implemented in your state, visit:  https://csgjusticecenter.org/projects/fair-chance-licensing/

Nicole Jarrett, Ph.D., directs the Corrections and Reentry Division at the Council of State Governments Justice Center. She previously served as the director of health policy research at the National Medical Association.