Jobs prevent crimes. So why won’t employers hire Californians trying to fly right? | Opinion
The state’s final budget pushed the implementation deadline for Senate Bill 731 — the most significant clean slate initiative in the country — to July 1 of next year, and more than a million Californians hoping to be free of the lasting stigma of their past arrests or convictions records see their dream deferred for another year.
But there is a good reason for this delay. SB 731 dramatically expands the number of people eligible for automatic record sealing after a specified time period. While some courts are already processing these expungements, others don’t yet have the proper infrastructure or resources to do so. Over the next year, the state must ensure that the court system is fully equipped to responsibly and effectively implement automatic record sealing. At the same time, employers don’t have to wait for the law to go into full effect — they can commit to fair chance hiring now.
Opinion
When outdated arrest or conviction records are visible to potential employers or landlords, the stigma they carry means that many justice-impacted individuals are often unable to secure liveable wages, employment or stable housing. A 2021 industry survey found that 95% of U.S. employers conduct some type of employment background screening and 94% conduct a criminal records check. As a result, according to an analysis by the Prison Policy Initiative, the unemployment rate for those with an arrest or conviction record in the U.S. is over 27%.
By ensuring responsible and accurate implementation of SB 731 over the next year, California can take a bold step forward in empowering justice-impacted individuals to move beyond their past mistakes and fully integrate into society. Studies have shown that having a stable, full-time job reduces recidivism. Yet, in California alone, there are approximately 4,800 legal restrictions placed on individuals with a felony conviction, with 58% specifically limiting employment and occupational licensing.
Automatic record sealing is not just a matter of fairness and justice, it’s also an investment in California’s economy. Underemployment of individuals with felony convictions alone costs the state an estimated $20 billion in GDP every year. That’s $20 billion before even accounting for underemployment due to misdemeanors or arrests, which are more widespread.
By removing barriers and allowing justice-impacted individuals to fully participate in the workforce, we unlock a pool of talent and potential that has long been untapped. The resulting increase in employment, entrepreneurship and economic productivity will benefit not only these individuals but also our communities and the state as a whole.
Over the next year, while the Department of Justice and court system lay the necessary foundation for responsible implementation of SB 731, California employers can do their part by following the lead of companies like Starbucks and JPMorgan Chase that have adopted fair chance hiring policies. A number of studies have shown that fair chance hires have higher retention rates than employees without arrest or conviction records, among other benefits.
Other states should also pay close attention to California’s implementation progress, and ensure that their efforts are also adequately resourced and responsibly rolled out. With one-third of working-age Americans — almost 80 million people — facing restrictions stemming from their arrest or conviction histories, we urgently need to expand clean slate and fair chance policies across the nation.
Notably, New York just became the latest state to take a step forward by adopting the Clean Slate Act, a record-sealing law based on California’s, which now sits on Gov. Kathy Hochul’s desk awaiting her signature. California can continue to set an example by living up to the promises of SB 731 as soon as possible.
Ken Oliver is the vice president of Checkr.org, which connects people and businesses through fair chance employment initiatives and is supported by the 1% Pledge of Checkr, providing 1% of profit, equity, product and employee time in service to the fair chance movement.
