Barrier-Crime Laws Continue to Unjustly Prohibit Otherwise Qualified Persons With Prior Convictions From Employment
by Douglas Ankney
Rudy Carey became addicted to drugs after his father died. A string of poor decisions led him to serving three years in prison for striking a police officer during a traffic stop. Upon release, Carey remained committed to keeping his life on the right track. He attended rehab and reconnected with his family.
He also obtained employment as an addiction counselor. Aware that his conviction was a “barrier crime” in Virginia, his employer listed Carey as a “contract employee.” For five years, Carey’s own experiences with drug addiction and his inherent compassion enabled him to guide his clients along the path of sobriety. Carey received stellar reviews and furthered his education, seeking a Bachelor’s degree. Then his employer’s legal team determined that the risk of violating the barrier-crime law was too great, and Carey was removed from his position as counselor.
In 2021, the Institute for Justice (“IFJ”) represented Carey pro bono in a suit challenging Virginia’s barrier-crime law. A barrier-crime law makes convictions for specified crimes ineligible for certain jobs. But shortly before his day in court, Carey was pardoned by Governor Glenn Youngkin. While Carey then became eligible to return to work as an addiction counselor, he no longer had standing to challenge the law, and his case was dismissed.
Many states have barrier-crime laws. In Virginia, a conviction for any one of the law’s 176 named offenses prohibits a person from working in any “direct care” position. IFJ attorney Andrew Ward explained: “You are ineligible for the rest of your life even though you are helping people when there is a drug crisis in Virginia, according to Gov. Youngkin. The state agency that’s in charge of this, the Department of Behavioral Health and Developmental Services, did a review and said [Virginia’s barrier crime] law is keeping out qualified people with invaluable experience.” And Lauren Krisini of the Justice Action Network added: “The goal of getting somebody to come out of prison is to get them a job. This is the number one factor in reducing recidivism and making sure they don’t go back to prison.”
It is intuitively obvious that laws restricting employment, housing, voting, and community participation impact the rates at which persons reoffend and return to prison. Barrier-crime laws serve as barriers to successful reintegration after release and must be abolished.
Source: reason.com
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