E D U C A T E

EDUCATE

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BREAKING FREE FROM THE CHAINS OF A CRIMINAL RECORDWORK

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What is the purpose of the EDUCATE Workshop?The goal of this program is to increase gainful employment for people with criminal records

This program significantly increases their chances of employment by:Providing education on how to utilize laws and recourses established to protect them from unfair discrimination

What exactly do you mean by helping them take advantage of the law?New York has passed powerful legislation to protect ex-offenders from discrimination based upon their criminal record.

Laws such as Article 23-A, Human Rights Law, and Certificates of Relief from Disabilities & Good Conduct, are highly unique and powerful safeguards for ex-offenders in New York State

With all these protections New York has established to protect this population, it is crucial to ensure they are being utilized to their upmost potential.

The EDUCATE Workshop is all about maximizing the benefits of these protections by teaching the stakeholders how to use them to their advantage.

How does this program teach ex-offenders to use these laws & protections to their advantage?The workshop will consist of 4 Modules

Module #1Understanding Your Rights to a New Life

A rigorous break-down of Article 23-A, Human Rights Law, and Certificate of Relief from Disabilities / Good Conduct

Module #2Proving You Are Worth More Than The Words on a Rap Sheet

Brainstorming ideas to gather evidence of rehabilitation and supporting documentation; and assistance with writing a letter regarding their criminal history and rehabilitation journey

Module #3Certificates of Relief from Disabilities &Certificates of Good Conduct

Assistance with applying for a copy of criminal RAP Sheet & applying for a Certificate of Relief from Disabilities and/or Certificate of Good Conduct

Module #4 Putting Your Knowledge to the Test

Training on how to present these materials to an employer and stand out above the rest

What will the EDUCATE Workshop look like in my county?The format of the workshop can be customized to suit the needs of your community resources

Re-Entry Task-Force Coordinators could oversee the implementation of the workshop

Professional staff should be used as trainers in the workshop. Volunteers can also participate

Ex-offenders could be trained as volunteers to help educate and connect with the participants

There should be 1 helper per 2 participants during 2nd & 3rd module for time efficient and quality purposes

The workshop would be held as a bi-weekly or monthly event lasting between 3-5 hours

Modules can also be separated into weekly one hour sessions for one month until participants graduate from the program

Isnt there already programs to help ex-offenders with employment issues?

DCJS is doing an excellent job at addressing employment needs among ex-offenders. There are already highly successful programs implemented throughout New York State such as:

Employment MattersReady, Set, Work!Retention Counts!Along with many more

What makes this program different?While some of these programs do indeed address the issue of employment discrimination for ex-offenders

The EDUCATE Workshop is solely and uniquely designed to address the largest barrier to an ex-offenders employment:

That is THE SCAR OF A CRIMINAL RECORD.

This program is specifically targeted to focus on discrimination issues, and thoroughly train ex-offenders how to take advantage of the laws and safeguards established to protect them.

This program consists of 4 hours worth of modules, making it time efficient and accessible to agencies who are looking to focus solely on the criminal record barrier.

This is an issue that deserves its own attention

What is the need for this program?Research has consistently shown that the existence of a criminal record significantly reduces the likelihood of receiving a call back from an employer.

This program will serve to increase the self esteem and confidence of ex-offenders who feel they have no hope.

This training will help to level the playing field for ex-offenders so that they can thrive from the training they receive from other workforce development programs.

EDUCATE Workshop is a valuable addition to any program

Performance Measures & OutcomesOngoing program oversight will be provided quarterly to measure cost and outcomes

Evaluation StrategiesDocument all cost associated with program implementationIntake survey used to form baseline:Length of unemploymentLength of time since release from prisonTotal length of time in prison How many jobs applied for Follow up survey 3 months later or follow up monthly phone call to track anticipated outcomes:Has employment been found?SalaryAny incarcerations?Length of total employmentHow many jobs applied for Calculate cost of previous incarceration and previous unemploymentCalculate money saved staying out of prison and finding employment.Subtract cost of EDUCATE Workshop to determine total savingsIf the recidivism rate has dropped by 10% and the employment rate has increased by 25%, then these numbers can be used to determine exactly how much money the county or state is saving by sustaining the program.

Distributing BrochuresBrochures can be used to advertise this workshop to your clients. In order to print the brochure:Make sure you select Print on Both Sides (Flip Page Short Edge)Look for dashes and fold each dash

QUESTIONS?

Email: michael.regan@aol.comPhone: 570-906-0168

EDUCATE

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Module #1Understanding Your Rights to a New LifeWORK

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Unemployment & Recidivism67% of those paroled will be rearrested within 3 yearsOver 50% will return to prison

Failure occurs quickly, often within the first months of release

There is a 60% unemployment rate one year after release from prison

In New York, 89% of parole violators are unemployed during violation

A 10% decrease in real wages of low-skilled workers results in a 10- 20% increase in criminal activity

(Adapted from Center for Employment Opportunities)

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Why Working Works: Recidivism Outcomes

Three year re-incarceration rate, 1999*(clients who returned to prison/Life Skills graduates)(Adapted from Center for Employment Opportunities)

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The Mark of a Criminal Record (Pager, 2003)

A total of 350 employers from various industries were audited during the course of this study: 150 by the white pair and 200 by the black pair.

Each pair had equal qualifications and credentials and were applying for the same position. However, one applicant had a criminal record and the other did not.

The ratio of callbacks for non-offenders relative to ex-offenders for whites is 2:1, this same ratio for blacks is nearly 3:1.Black Bar = criminal recordStriped Bar = no record

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Criminal Background Checks

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Breaking Free FromThe Chains of a Criminal Record:What can be done to stop this cycle?New York State is ahead of its time in advocating for people with criminal records and offers many protections that are often unknown by the people who are depending on them.

3 Protections that are unique to the State of New York:Article 23-A of the New York Corrections LawNew York State Human Rights LawCertificates of Relief from Disabilities and Good Conduct

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New York State Human Rights LawStates that an employer cannot inquire about or consider arrests that did not lead to a conviction, sealed violation-level offenses, or youthful offender adjudications. You are not required to answer any questions (written or verbal) about an arrests that did not lead to a conviction, sealed violation-level offenses, or youthful offender adjudications. The New York State Human Rights Law also provides some protection to employers from negligent hiring claims, as long as the employer complied with Article 23-A. This makes them more likely to hire a person with a criminal record.The Human Rights Law does not protect against questions regarding criminal convictions.

(Criminal conviction is a guilty plea, or a courts finding of guilt for a crime or an offense)

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Article 23-A BasicsNew York State law established in 2009 meant to promote employment opportunities for individuals with one or more criminal convictions.It seeks to provide a level playing field for individuals with criminal convictions who are looking for work and/or licensureProhibits an employer from unfairly discriminating against a person previously convicted of one or more criminal offenses. Requires employers to evaluate qualified job seekers and current employees with conviction histories fairly and on a case-by-case basis. The law specifies eight factors that employers must consider when evaluating an applicant with a prior conviction in ordered to determine whether or not to hire an applicant with a prior conviction. Each factor must be considered in light of the others. It is important to remember that no single factor should determine the outcome of the hiring process.

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License, Registration & CertificateThese laws also apply to individuals who are seeking a license, registration, or certificate required by the state to work more than 100 occupations. Municipalities (e.g. New York City) may also have occupational licensing requirements that work to exclude people with a history of criminal convictions. Some common occupations requiring licensure include:Bus DriverBarber/HairdresserCertified Nursing Assistant (CAN)Certified Public Accountant (CPA)Emergency Medical Technician (EMT)EngineerLicensed Practical Nurse (LPN)Registered Nurse (RN)TeacherSocial WorkerIn situations where licensure is necessary for employment, the responsible state or municipal agency is required to follow the provisions of Article 23-A in the same manner as employers.

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What are the eight factors?New York States public policy of encouraging the employment of persons with prior convictions.The specific duties and responsibilities necessarily related to the job The bearing, if any, the criminal offense(s) for which the person was convicted will have on his ability to perform one or more duties The time which has elapsed since the occurrence of the offense(s)The age of the person at the time of the occurrence of the offense(s)The seriousness of the offense or offenses. Any information produced by the person, or produced on his behalf, in regard to his rehabilitation and good conduct.The legitimate interest of the employer in protecting property, and the safety of specific individuals or the general public.

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New York States public policy of encouraging the employment of persons with prior convictions.

This factor must be considered in making a hiring decision

It is the policy of the State of New York to encourage employers to hire applicants with prior convictions.

Article 23-A aims to eliminate bias and illegitimate obstacles people with prior convictions face when seeking work

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The specific duties and responsibilities necessarily related to the license or employment sought.

What does the job entail?What are the responsibilities of the job?Are any special skills required? What is the job like on a day-today basis?

An employer must think about these questions before making their hiring decision

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The bearing, if any, the criminal offense for which you were previously convicted will have on your ability to perform one or more such duties

Do the job responsibilities share any qualities with the activities that led to the conviction? Does this offense make the applicant less suitable for the job?A person convicted of burglary or credit card fraud may not be suitable for a job counting money at the bank.That same person may be well suited for a position as a chef or waiter in a restaurant, auto mechanic, a nurse, social worker, construction etc.A drug conviction does not necessarily affect your ability to work in a hospital that administers narcotics if you do not have access to the drugs or authorization to administer them yourself.A theft conviction does not affect your ability to work in a retail store if you are not the employee responsible for handling the money and financesA violent conviction does not necessarily affect your ability to take care of people in a healthcare or human service setting.More examples?

THIS FACTOR CANNOT BE USED ALONE WHEN MAKING A HIRING DECISION

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The time which has elapsed since the occurrence of the criminal offense or offenses.Research shows that if a person is conviction-free for four to seven years or longer, the likelihood of future arrest is about the same as for someone who has never been convicted of a crime. Even if an applicant has a recent conviction, an employer is obligated to consider evidence of rehabilitation and other facts and circumstances that indicates that the applicant does not present a significant risk of re-offending.

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The age of the person at the time of the occurrence of the criminal offense(s)It is not uncommon for someone who exercised poor judgment when they were young to mature into a productive, hard working, law abiding adult.An older adult who was convicted of crimes in their twenties could likely have become a fully rehabilitated individual.A person who is convicted of a felony at 16 years old can be tried as an adult and sent to prison.

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The seriousness of the offense(s)

The title of the criminal conviction is not the end of the story.Questioning the circumstances of an offense will often provide greater insight into the seriousness of the conviction. A reckless, inexperienced driver who causes a fatal accident is quite different than someone who, under the influence of illegal drugs, chooses to go on a joyride that ends in a fatal crash, even though both may receive a similar criminal conviction.An individual who throws an object no matter how big or small, light or heavy at another individual while in a heated dispute may be charged with assault with a deadly weapon. A youth who may have taken another youths book bag off his body to toss it around can be charged with robbery. Therefore, the circumstances of the case may more accurately reflect the seriousness of the conviction.

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The interest of the employer in protecting property, and the safety and welfare of specific individuals or the general public.

Examples from the courts include:A court found that an applicants nine-year old manslaughter conviction was not directly related to the position of housing caretaker, and that based on this conviction the applicant did not pose a risk to property or public safety. However, when considered in light of the applicants three-year-old convictions for criminal possession of a narcotic drug with intent to sell and criminal possession of a controlled substance, the court held that the applicant had demonstrated a lack of rehabilitation and that his involvement in drugs and violence posed an unacceptable risk to the housing tenants.

A woman with nine drug possession/prostitution convictions, and one manslaughter conviction, was held to be properly employed as an eligibility specialist with the Human Resources Administration. The drug possession/prostitution convictions were over ten years old and she had since completed a detoxification program and college courses. While the manslaughter conviction was more recent, she received the minimum sentence, was considered a model parolee, and had relevant prior work experience. The judge found that had the employer properly considered the factors under Article 23-A, he could not have reasonably concluded that she should be disqualified from employment

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Any information produced by the person in regards to their rehabilitation and good conduct.

This is the one factor that is within your control!There are a variety of ways that applicants with prior convictions can demonstrate that they have put their lives back on track and that they will be successful and valuable employees. Applicants may seek to demonstrate their rehabilitation by presenting documents from prior jobs they have held or programs theyve been involved with since the time of his/her offense. Examples include: Education (transcripts, diploma, honor roll etc.)Reference Letters from employers, pastor, family, friends, teachers etc.Certificates of completion for rehabilitation programs in or out of prisonEvidence of participation in counselling, workforce development, etc.Volunteer programs in community or churchLetter of explanation from yourselfCertificates of Relief from Disabilities and Good ConductMORE WILL BE DISCUSSED IN MODULE 2

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Certificates of Relief from Disabilities or Good ConductAccording to Article 23-A, an employer is also required to give consideration to a certificate of relief from disabilities or a certificate of good conduct issued to the applicant. This certificate creates a presumption of rehabilitation in regard to the offense(s), and will remove any automatic bar to an applicants employment or licenseCertificate of Relief from Disabilities is for individuals seeking to remove limitations from one conviction onlyOne conviction could mean multiple convictions stemming from the same indictment Certificates of Good Conduct are for individuals seeking to remove limitations from multiple convictions or individuals seeking to hold public office.MORE WILL BE DISCUSSED DURING MODULE 3

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When can an employer deny my job?Only under two (2) narrowly defined circumstances:Where theres a direct relationship between some or all of the previous criminal offenses and the specific job or position the individual is seeking or holds; orWhen hiring, or continuing to employ the individual would present an unreasonable risk to the employers property, specific individuals, or the general public.

The conviction itself is not a legitimate reason and an employer MUST use ALL eight factors in making their determination

At the request of the applicant who has been denied a license or employment, an employer must provide, within thirty days of a request, a written statement stating the reasons for such denial. If the weighing of all factors indicates that an applicant is suitable for the position sought, then an employer should be prepared to demonstrate a legitimate reason, not related to the prior conviction, for not hiring the applicant.

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What to do if your rights are violatedIf you feel youve been discriminated against because of your criminal record:Talk with your potential employer and explain to them your concerns.Not all employers are aware that this law exists, and perhaps there is a different reason you were not given the position that is unrelated to your criminal historyIf you still feel that your rights have been violated after speaking with the employer:Contact the Legal Action Center (http://lac.org/index.php/lac/legal_services)LAC offers free representation from attorneys who specialize in criminal record discrimination. They also offer assistance obtaining rap sheets and certificates of reliefLegal Action Center, 225 Varick Street, New York, NY 10014Phone # (212) 243-1313; toll free 1-800-223-4044; E-Mail: lacinfo@lac.orgHire a private attorney on a contingency agreementContingency lawyers do not charge any up front retainer fees. There is no fee if you lose the case. They will only represent strong cases and take 30-40% of your lawsuit reward.Contact Jeffery Rosenberg at Phillips & Associates to schedule a free consultation (212-785-3097)Also look at this website for a complete list of resources for ex-offendershttp://www.cases.org/resources/links/

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TESTING YOUR KNOWLEDGE!HIRED OR FIRED?

Each team will make an employment decision in accordance with Article 23-A of the NY Corrections Law based on the case scenarios provided.

Case Scenario #1: Kendra

Hired- While the grocery store does have legitimate concerns about protecting their property, this applicant has proven to make remarkable changes in her life and a significant amount of time has passed since the offense. Therefore, the favorable factors outweigh the negative factors.

Hire Deny

Case Scenario #2: Joe

Employment Denied The fire departments overriding responsibility is to the protection of property and the safety of the general public. The applicant was 29 at the time of the most recent convictions for DWI and assault and battery. The unfavorable factors support the fire departments decision to deny employment to the individual.

Hire Deny

Case Scenario #3: Anton

Hire the Applicant The decision to hire this applicant is supported by the amount of time that has passed since the conviction, successful completion of the GED and college coursework, and the strong recommendations of a former teacher and former employer. The favorable factors far outweigh the negative

Hire Deny

Case Scenario #4: Eddy

Hire the Applicant The decision to hire this applicant is supported by the amount of time that has passed since the most recent conviction, the completion of a job training program and anger management program, and the fact that the offenses have no bearing on the applicants ability to perform the essential functions of the job. The favorable factors outweigh the negative considerations.

Hire Deny

Case Scenario #5: Juan

Employment Denied Juan's conviction of selling prescription pain medication and heroin are directly related to his job description which would allow him access to prescription medication. Furthermore, Juan was a full grown adult at the time of conviction and only one year has passed since his offense. Therefore, the employer would be justified in denying Juan employment.

Hire Deny

Case Scenario #6: Mariah

Hire the Applicant The decision to hire this applicant is supported by the amount of time that has passed since the most recent conviction, the letters of recommendation by her parole officer and addictions counselor, and the fact that the offenses have no bearing on the applicants ability to perform the essential functions of the job. The favorable factors outweigh the negative considerations.

Hire Deny

Where do we go from here?Now that you are fully aware of your rights and protections, the following modules will include:Brainstorming ideas to gather evidence of rehabilitation and supporting documentation. Along with assistance in writing a letter regarding your criminal history and rehabilitation journeyAssistance with applying for a Certificate of Relief from Disabilities and/or Good ConductTraining on how to present these materials to an employer and stand out above the rest

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QUESTIONS OR COMMENTS?

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EDUCATE

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Module #2

Proving You Are Worth More Than The Words on aRap SheetWORK

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Taking Control of CircumstancesOut of all 8 factors from Article 23-A which an employer must use in making a hiring decision Only ONE is within your control.Thankfully, this is probably the factor that carries the most weight in the eyes of an employer.This factor is?Evidence of Rehabilitation and Good Conduct

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Evidence of Rehabilitation

There are a variety of ways to show youve put your life back on track and that you can be a successful employeeApplicants may seek to demonstrate their rehabilitation by presenting documents from prior jobs they have held or programs theyve been involved with since the time of the offense.

THERE IS NO SUCH THING AS AN INSUGNIFICANT ACHIEVEMENT

The more documents you provide, the less your rap sheet stands out

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Examples Might Include:Recommendation letters from: Past employers, job-counselors, pastors, family, friends, therapist, case worker, parole officer, former C.O. or prison staff, D.A., teachers, AA/NA sponsor or sponseeEvidence of volunteering in the communityPublic speaking, local church, food pantry, etc.Documentation of Rehabilitation ProgramDrug & Alcohol, Victim Awareness, Anger Management, Bible Study, DUI Course, AA/NA etc. Educational / Training Certificates and DiplomasVo-tech, High School Diploma, College Transcript, Work Training, CPR/First Aid, Certificate of Appreciation

THERE IS NO SUCH THING AS AN INSUGNIFICANT ACHIEVEMENT

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Collecting Letters of RecommendationDo not be ashamed to ask for help. If people see you are trying to change your life, they are often willing to support youGet involved in your community.Building relationships with respectable members of society is a great way to gain letters of supportEarn back trust from family, friends and community.Trust is something that must be earned and doesnt happen overnight. Once you have earned the trust and admiration of your community, then ask them to write you a letter.

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How should I ask for help?Explain the reason you are asking for a letter.Why do you need help? What the letter will be used for?Why are you asking them for a letter? What is unique about the context of your relationship and their credentials?Never try to hide your past. Do not be ashamed to tell your story you are much more than your criminal rap sheet.The author of the letter should know who you used to be, but focus on who you are today.Do not hesitate to highlight your accomplishments. Let the author know about all of your accomplishments to give them the fuel they need to write your letterAlways ask for the letter to be signed and written on an official letterhead (when possible).

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Academic AchievementsCan you show that you were in school for at least six months, or are now in school, and have a positive school record? If so, try to get:A transcript-- AND -- a letter from a teacher or school administrator, if that person can say you:-- were in school for at least 6 months or now in school-- had great attendance and punctuality-- had excellent grades, and-- are motivated to learn and get ahead in life.Make sure to save any honors, awards, scholarships, deans list, community projects etc.

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Job TrainingCan you show that you stayed in a job training program for at least six months, or are now in such a program, and have a positive record? If so, try to get a letter from a program supervisor or administrator, if that person can say that you: were in program for at least 6 months or are now had or have great attendance and punctuality are motivated to learn and get ahead in life have learned useful skills to apply to a job; and get along well with others.Training could also include short term training courses from your job such as first aid, safety, skill building etc.

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Employment

Can you show that you kept a job for at least six months and had a positive work record? If so, try to get letters from as many such jobs as you can from a supervisor or another person on the job who worked with you if they can say . . . what the job was and how long you worked there what your job responsibilities were how well you performed your job whether you were promoted while on the job that you had an excellent attendance record and came to work on time, and that you are motivated, responsible and get along well with others.

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Counseling or social service program:Can you show that you spent at least six months, or are now involved in a counseling or other social service program (including a drug treatment program) to deal with the problem that led to your involvement with the criminal justice system?If so, try to get a letter from your counselor, therapist or doctor if s/he can truthfully say that you: had or have great attendance had clean/negative drug tests for at least 12 months (get the drug test results, too) showed excellent motivation and desire to change fully participated in programs got along well with others understood the causes of your past behavior and were committed to positive growth were not a risk to the safety of others, and no longer associated with the peers/friends who got you into trouble in the first place.

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12 Step ProgramIf you are involved in any 12 Step Program such as AA or NA, ask your sponsor or another member to write you a letter if s/he can say that you are:Attending meeting frequentlyWorking the 12 steps Working an honest programFinding a home group and a sponsorKeeping commitments such as speaking, coffee, managing the money, chairing a meeting etc.Sponsoring/ mentoring other AA/NA members

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ClergyIf you play a leadership role in your community and volunteer, ask your priest, minister, imam, rabbi or spiritual leader to write a letter on your behalf saying so.This could include: Activities you help withYour commitment to your faithYour spiritual growth and transformation

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Volunteer WorkIf you have volunteered for a school, nonprofit organization or other group, try to get a letter from a responsible person saying that you: are responsible have made a good contribution to the work of the program, and/or are dedicated to your volunteer work.Public speaking could be a great way to volunteer for your community.You have a story to tell dont keep it a secret

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Parole or Probation Officer:If your parole or probation officer can say the following things truthfully, ask him/her to write a letter commenting on youre: clean/negative drug tests for at least 12 months positive outlook compliance with all court requirementsTreatment, Fines, Restitution, Community Service exceptional motivation.

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Programs Completed in PrisonPrison programs are not a waste of your time. They show that you took your sentence seriously and used your time constructively to better yourself. This could include:Anger Management, Victim Awareness, Drug and Alcohol, AA/NA, Bible Study, School, Work Detail etc.If you did not save your certificates, contact the prison and ask for documentation showing rehabilitation or:Ask for a reference letter from a C.O. or Prison Staff

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Certificate of Relief from Disabilities or Good ConductThis certificate creates a presumption of rehabilitation in regard to the offense(s), and will remove any automatic bar to an applicants employment or licenseCertificate of Relief from Disabilities is for individuals seeking to remove limitations from one conviction onlyOne conviction could mean multiple convictions stemming from the same indictment Certificates of Good Conduct are for individuals seeking to remove limitations from multiple convictions or individuals seeking to hold public office.

MORE TO COME IN MODULE 3

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Keeping Track of Your ProgressBe sure to save every piece of evidence you have to demonstrate your rehabilitationFind a file folder to save and organize your documents. Make copies incase you lose themFind a USB flash drive to save electronic copies. This could be helpful for email correspondenceThis file is your key to unlocking the barriers of your criminal recordThis collection is an ongoing process.Rehabilitation is a journey, not a destination

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BRaIN-STORMWhat Does Rehabilitation Look Like For Me?

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Your Chance to Speak for YourselfMost applications ask if you have ever been convicted of a crime and leave only 1-2 lines for an explanation. Everybody has a story and yours is worth more than just a couple of lines on an applicationThis is your chance to explain your past mistakes and emphasize your journey through rehabilitationEverybody makes mistakes, but an employer wants to know what you learned from those mistakes This letter could be the most important piece of evidence you have to demonstrate your rehabilitation

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Tips for an effective letter

Take accountability for your actions and explain your offensesProvide dates of arrest/conviction, and explain the sentencing dispositionIt is okay to explain your side of the story, but make sure to show remorse for your crimeEmphasize what you learned from your mistakesEmphasize what you have done to rehabilitate yourself since the date of your last crimeExplain how your past can make you a more effective and reliable worker

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When explaining your crime(s)DO:Take accountability for your actionsExplain your offense(s)Focus most on your efforts of rehabilitationUse the factors listed in Article 23-A to emphasize any points that work in your favorExplain any mitigating factors unique to your situationDONT:Make excuses Push blame on othersProvide more detail than necessaryShow a lack of remorseWrite more about your past mistakes than your present achievementsForget to proof-read your letter and ask someone else for help

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Excuses vs. AccountabilityI was convicted of an aggravated assault for being involved in a drive by shooting. I did not deserve this conviction because I did not shoot the gun and the bullets did not even hit a person. This entire incident was my co-defendants idea and I just went along for the ride without knowing what he was going to doVS.I was convicted of an aggravated assault after being in a car involved in a drive by shooting. I was not the shooter of the gun; however I was just as guilty for being in the vehicle. Thankfully, nobody was physically injured in any way, although this is not to say that the victims of this crime have not been mentally impacted from my poor decision. This incident was a turning point for me to realize____ and I have turned my life around by_____ since the date of my crime.

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Excuses vs. AccountabilityI was convicted of a DUI even though I was only slightly over the legal limit. I definitely wasnt drunk and I could have easily driven home without trouble. The police had it out for me because my family has a bad reputation.VS.I was convicted of a DUI for after driving home from a restaurant. I thought that I felt okay to drive; however, I soon discovered I was not okay after blowing a .10 in the breathalyzer. I understand how serious this was and I am grateful nobody was hurt due to my irresponsible decision. I now realize that _____ and I have done _____ to prevent this from happening again.

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Whats next?Next module you will learn:How to obtain a copy of your RAP sheetHow to determine if you are eligible for a Certificate of Relief from Disabilities or Certificate of Good ConductHow to apply for these certificates

Ready, Set Write!

QUESTIONS?

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Module #3

Certificates of Relief from Disabilities &Certificates of Good ConductWORK

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Before applying for a Certificate of Relief or Certificate of Good Conduct, you must first obtain a copy of your RAP sheet.Your RAP sheet will help you understand which certificate you are eligible to apply forYour RAP sheet can also help you determine which crimes you will be requesting relief fromWhat is a RAP sheet?RAP stands for Record of Arrest and Prosecution. A rap sheet is a record of all your arrests and convictions. If you have ever been arrested in New York State AND fingerprinted, you have a New York State rap sheet.

What is the first step?

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Recent reports show extensive errorsOf 174 million arrests on file, only 45% have dispositionsMany RAP sheets often have errors such as:Arrests with no dispositionMistaken arrests or chargesIncorrect or incomplete sentencing informationDuplication of entriesCases that should be sealed but arentOpen bench warrantsKnow how to explain what an employer will see on your RAP sheetWhy else would I need to review my RAP sheet?

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How you get your rap sheet from DCJS depends on whether you live in New York and whether you can afford DCJSs fee.If you cannot afford the fee:Fee-waivers are available if DCJS determines that you cannot afford the $60.75 fee. To get a fee-waiver application packet, contact DCJS at 518-485-7675 or 518-457-9847If you are on public assistance, you can qualify for a fee-waiver by sending a photocopy of your EBT or Medicaid card. If not, you must include a notarized financial statement of available assets and current income with your application so DCJS can determine if you qualify for a fee waiverHow do I get my RAP Sheet?

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Contact L-1 Identity Solutions to make an appointment:(877) 472-6915 OR http://www.identogo.com/The fee to get a rap sheet is $60.75 (all fees included)MorphoTrust USA has 100 fingerprinting workstations spread around New York, including some evening and weekend hours. You will be required to provide two forms of identification when you appear for your appointment. Information on acceptable forms of identification can be obtained through their Call Center and on their website. You will also need to provide MorphoTrust USA with the following ORI Number - NYDCJSPRY - that applies to a Record Review.Your complete unsuppressed New York rapsheet will be mailed within 7 to 10 business days after DCJS receives the transaction from MorphoTrust You will also receive information on how to challenge any aspect of your criminal history record.If you live in NY and do not qualify for a fee waiver:

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If you want to get information about your record in all states, as well as any federal convictions, order your rap sheet from FBI.Begin by downloading this form on the following link:https://forms.fbi.gov/identity-history-summary-checks-review/q384893984839334.pdf Include a complete set of fingerprints (You must use an FBI fingerprint card, on the following link:http://www.fbi.gov/about-us/cjis/identity-history-summary-checks/fd-258-1You can get fingerprinted by either the NYPD or by the New York State Police. There may be a fee. Include a certified check or money order for $18 payable to the U.S. Treasurer. (The fee may be waived if you send a notarized letter explaining that you cannot afford it.)

Convictions from other states:

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CERTIFICATES OF RELIEF FROM DISABILITIESANDCERTIFICATES OF GOOD CONDUCT

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Certificates of Relief can:Remove statutory bars to employment, licensing, or public housing residency, imposed because of a criminal convictionProvide a presumption of rehabilitation, meaning that you should not be rejected for employment or refused a license just because of your convictionRestores right to vote (if currently on parole for felony conviction)ONLY Certificates of Good Conduct can allow you to hold a public office Police officer, mayor, fire fighter, etc.

Restoration of Rights

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Does not completely protect against denial of a job or license because of a criminal recordIt is not a pardonIt does not erase or seal the conviction recordConvictions must still be disclosed on job applicationsDoes not remove restrictions for certain government benefits or educational benefitsJury Service still left to Jury Commissioners discretion

Certificates of Relief & Good Conduct CANNOT:

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The major difference between Certificates of Relief from Disabilities and Certificates of Good Conduct is who is eligible to apply for each.Under most circumstances, the number of your felony convictions will determine which certificate you apply for.There are almost no differences in the rights restored by the two different certificates and both certificates demonstrate rehabilitation equally. The one important difference between the certificates involves restoring the right to hold public offices.You must apply for a separate certificate of relief from disabilities for each offense you were convicted.What's the difference between the two?

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You are eligible if you have been convicted of any number of misdemeanors but no more than one felonyIn counting your felony convictions, you MUST include felony convictions for federal or out-of-state charges.Conviction of more than one felony count in the same court on the same day counts as one felony in applying for certificates. Two or more convictions stemming from two or more separate indictments filed in the same court, prior to conviction under any of them, also count as one felony.Cases in which you were adjudicated a juvenile delinquent or youthful offender are not included because they are not felonies. (They are also sealed.)Certificates can be granted to person who was convicted in another jurisdiction / State and who now lives in New York State.There is no waiting period for this certificate as long as the board feels that you have demonstrated rehabilitation Certificate of Relief Eligibility

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You are eligible for the Certificate of Good Conduct even if you have been convicted of more than one felony. You do not become eligible for a Certificate of Good Conduct, however, until a minimum period of time has elapsed from the date of your unrevoked release from custody by parole or from the date your sentence ended.If most serious offense (not most recent) is:Misdemeanor, then you must wait at least 1 yearC, D, or E Felony, you must wait at least 3 yearsA or B Felony, you must wait at least 5 years

The waiting period starts the last time you got out of prison (onto parole or maxed out) OR the date of your last conviction if you didnt get state time for it, whichever was last.Certificate of Good Conduct Eligibility

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HOW TO APPLY

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If you have not completed your sentence, you cannot apply directly for a Certificate of Relief or a Certificate of Good Conduct. The application is submitted to the Board of Parole by Parole staff. If you are under parole supervision, you should discuss your desire to apply for a Certificate with your Parole Officer.Certificates are temporary until you are released from supervision, without a violation; after which they will automatically become permanentIf you are still on parole:

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Apply through the COURT(S) WHERE YOU WERE CONVICTED if:You are only seeking a Certificate of Relief from Disabilities and:If you were convicted in New York of a misdemeanor or of a felony but served no time in state prisonApply through the DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISON (DOCCS) if:You are seeking a Certificate of Good Conduct or:You are seeking a Certificate of Relief from Disabilities and:Your conviction resulted in commitment to a New York State Prison or:You were convicted in a federal court or out of state courtThe same application is used for both avenues. Follow this link:https://www.parole.ny.gov/pdf/parolecert.pdfBe sure to include evidence of rehabilitation with your application!

How to Apply:

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You must submit with original application:Proof of payment of income taxes for the last three years. If you have received Public Assistance or Social Security for any or all of this three-year period, a printout from the agency providing you with support must be submitted, showing all benefits received.If you were convicted of a felony in a federal or out of state court, you may need to be fingerprinted. You will be notified by mail. An investigation into your circumstances is required and will include, but not necessarily be limited to, the following:Employment history and means of supportProof of payment of income taxes for the last three yearsProof of payment of any fines or restitutionAfter all necessary documents and records have been received, a field representative will contact you and arrange for an interview at your home. They will then make a recommendation to the board.This entire process is lengthy and could take about 6-12 monthsWhat else is required?

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Once you receive your certificate, make sure to keep plenty of copies for your records. DCJS does not keep your originalContact DCJS to make sure your certificate status has been applied to your criminal RAP sheet.Include this certificate in your Evidence of Rehabilitation folder and be sure to include this with any job application that asks about your criminal convictions.What should I do with my certificate

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Now that you have completed the majority of the modules, you are ready to put this knowledge into action.The last and final module will include:How to present this evidence of rehabilitation to an employer with your job applicationHow AND When to explain your crime during the hiring processHow to use your record to land a job interviewWhats next?

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QUESTIONS?

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EDUCATE

ndingiscriminationnityollaborationdvocacyrainingmpowerment

Module #4 Putting Your Knowledge to the TestWORK

SHOPthrough&

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Look How Far Youve ComeBy this point you have:Educated yourself about your rights to a new lifeBecome fully aware of the laws, protections and safe-guards available to you as a person with a criminal recordLearned about the importance of obtaining evidence of rehabilitation, and developed a plan on how to collect sufficient documentationFormulated a well written letter explaining your criminal history, and emphasizing your journey through rehabilitationBeen taught how to obtain a copy of your RAP sheet to check for errors and understand exactly what must be explained to an employerLearned how to obtain a Certificate of Relief from Disabilities or Certificate of Good Conduct, which creates a presumption of rehabilitation and automatically removes any permanent bars to licensure or employment

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Putting Your Knowledge to Good UseYou are now ready to take what youve learned in this workshop and FIND THE JOB YOUVE BEEN WAITING FOR!In this last and final module, you will learn helpful tips to rise above your competition in the work force and overcome the barriers to a criminal record

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Be Persistent!The more work you put into finding a job, the greater the chances are that you will find oneDo not get discouraged by rejection There are plenty of employers just waiting to hire someone with your drive to succeedYour job hunt should be a job in itself. Take the time you would have spent working and use that to find a jobBut remember, quality matters just as much as quantity

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Be ThoroughYour job application is a reputation of your work ethic. Each application should be fully completed, fully legible and well writtenThe time and effort you spend on an application shows the employer how much time and effort you will invest in their companyAn employer could be reviewing hundreds of job applications. Be sure to ask yourself What makes mine stand out above the rest?

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The Squeaky Wheel Gets the GreaseBe sure to follow up on each job you appliedGive a few days for the employer to review your application and then call or visit just to check in This could be done by a phone call or personal visit to the companyHi my name is Mike. I applied to your organization a few days ago, and I just wanted to let you know I am very interested in this position and I would be more than happy to arrange a time to meet with you in person at a time thats convenient for you.If your application is still pending, call back every week or twoBe sure to keep track of the jobs applied to, and the responses given from the employers after follow up.

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The IntroductionWhenever possibleBE SURE TO INTRODUCE YOURSELF TO THE POTENTIAL EMPLOYER!BE SURE TO LOOK YOUR VERY BEST! Even if the employer is not their when you pick up the application, you should always dress as if this were your interview people talkDont waste your time spending hours on a job application only to drop it off without meeting the person in charge.This is your opportunity to stand out above the rest and sneak a brief informal interviewBefore dropping off your completed application, call the company and ask if you could schedule a time to personally hand deliver your application to the employer just to introduce yourselfIf the employer is unavailable, then ask when you can come backIf the application asks about your criminal record, this is your chance to explain your story in person

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When Speaking to the EmployerBe sure to shake the employers hand and look them directly in the eyeHi my name is Mike and I just wanted to introduce myself before handing in this application. I am very interested in this position and I think I would be good because ________.(IF THE APPLICATION ASKED ABOUT YOUR CONVITIONS THEN SAY)I also see that your application asks if Ive ever been convicted of a crime so I just wanted to be honest with you and let you know that I do have a history; however I want to be sure you know that my past is not a reflection of who I am today. Just to prove that to you, I have attached a letter explaining my situation and all I have done to better myself. I have also attached letters of recommendation, and my Certificate of Relief from Disabilities just to assure you I am someone you can count on.NEVER DISCLOSE INFORATION ABOUT YOUR CONVICTION UNLESS ASKED DIRECTLY ON AN APPLICATION, OR DIRECTLY FROM AN EMPLOYER

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When to DiscloseAccording to Human Rights Law, it is illegal for an employer to ask about non conviction related arrests or charges. However, it does not specify whether or not you are allowed to lie about an arrestGenerally speaking, it is never a good idea to lie because that gives an employer a legal reason to deny you employmentIf you lie about a prior conviction, an employer can legally revoke your employment at any time throughout your time with their companyIf you tell the truth about your prior convictions, then they are legally bound to make their hiring decision in accordance with Article 23-A which works in your favor!Remember to always emphasize your rehabilitation when discussing your criminal history.

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When NOT to DiscloseNEVER DISCLOSE INFORMATION THAT IS NOT SPECIFICALLY REQUESTEDWhile Article 23-A makes it illegal to deny you employment solely based upon your criminal record, employers could use a loop hole to break the lawIf an employer reviews your application and decides to discriminate against you because of your criminal record, they might not even call you in for an interview and claim that they found another applicant who was better qualified for the positionIt would then be difficult to prove that you were discriminated againstUnfortunately, until all of New York State Bans the Box, some unethical employers will continue to use this loophole to avoid legal prosecution and civil law suitsThis is why it is crucial to keep your criminal convictions to yourself unless you are directly asked to disclose that informationThe goal is to move as far along into the hiring process as possible without having to disclose your record unless of course you are askedThis makes it much more difficult for an employer to break the lawRemember: Lying about a conviction voids your protections from discrimination

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How to DiscloseNever give away too much information. An employer should only know the relevant details surrounding your convictions, and any other details that could work in your favorBe sure to let the employer know dates of conviction, sentencing disposition, and specific charges for which you were convictedThey do not need to know about crimes that you were not convicted of or criminal lifestyles leading up to the convictionGive them enough information so that they feel comfortable trusting you, without making them scared to hire youWhenever you talk about your past mistakes, be sure to emphasize what you learned from them, and what you did with your life to prevent them from happening againALWAYS EMPHASIZE YOUR REHABILITATION!

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LETS PRACTICE

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Follow up on Certificate Applications and Letters

How are we doing?

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QUESTIONS?

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Logic Model: EDUCATE Work-Shop

InputsRe-entry Task-ForceParole Re-entry CoordinatorCoach(s) to help Train the Trainer Trainer(s)-Paid Staff or Volunteer(s)Room or building with power point projector to host the work-shopPaper and ink for handouts, pamphlets and flyersClients, Staff, Parole Officers etc. to attend the work-shopMoney for supplies and advertising

Activities

Collaborate with Re-entry Coordinator to discuss feasibility and logistics of work-shop

Find a location and source of funding to host bi-weekly sessions

Recruit and train staff and/or volunteer(s) to host work-shop

Develop curriculum and PowerPoint for training the clients

Send email to re-entry staff & case managers w/ date/time/location

Make pamphlets and flyers to explain event

Invite all clients to attend and coordinate transportation

Outcomes

Clients will understand their rights and have a better understanding of recourses to protect them

Clients will learn how to advocate for themselves & gather evidence of rehab

Clients will have well written letters of explanation for their crime to present to employers

Eligible clients will obtain Certificates of Relief/ Good Conduct

Clients will pro-actively approach an employer to explain criminal record in a presentable, effective way

Clients will find gainful employment and live productive lives; thereby reducing recidivism

Outputs

Educate clients about Article 23-A, Human Rights Law, and Certificates of Relief

Assist clients with developing a plan for gathering evidence of rehabilitation and obtaining rap sheet

Assist clients with writing a letter of explanation for their crime(s) to attach with job applications

Train clients how to approach an employer with job application, letter of explanation, and evidence of rehab

Assist clients with obtaining and filling out applications for Certificates of Relief

Program Goal : To increase gainful employment for individuals with criminal records through education and training on how to utilize laws and recourses established to protect them from unfair discrimination

EVALUATION

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