CONVICTION/ARREST RECORDS:
POLICY PROPOSAL
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Background
Findings from SOCR outreach over last four years
In 2008:
Launched workshop for social service providers on
protections in public employment and WA State guidelines
for employment inquiries.
Convened Criminal Record Roundtable.
C y o Seattle created e so e u e 0.3.
City of Sea e c ea ed Personnel Rule 10.3.
May 2010: Proposal from women in Sojourner Truth
Transitional Housing Program to add criminal records
as protected class in housing.
Criminal Records:
Barriers to Employment and Housing
i i US h i i l d
1 in 5 in U.S. has a criminal record.
p p y j
Issue of racial disproportionality in criminal justice
system – arrests, convictions and sentencing.
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Intersection of race, poverty
and criminal justice system.
Connections Between Criminal Records,
Institutional Racism and Poverty
Cycle of poverty
In Washington State 90% of all felony defendants
are in extreme poverty at the time of charging.
Impacts on families
1.5 million children under the age of 18 have
States.
at least one parent in prison in the United States
Connections Between Criminal Records,
Institutional Racism and Poverty
African Americans make up only 3.2% of Washington’s population;
they account for 19.2%, or one-fifth of the state’s prison population.
Native Americans comprise only 1.6% of the total state population;
they account for 4.5% of those in Washington prisons.
Nearly two-thirds of people released from prison in the U.S served time for
non-violent offenses, including drug offenses (37%) and property offenses (25%).
Two out of three non-violent offenders released from prison each year
are people of color (48% African-American, 25% Latino).
What are other jurisdictions
doing to address this barrier?
States with anti-discrimination laws relating
to arrest/conviction records in employment
t t forbid i t l
5 states f bid private employers f having flat b
from h i fl t bans
against hiring persons with a conviction record:
New York * Kansas * Hawaii * Wisconsin * Pennsylvania
Massachusetts and Illinois prohibit discrimination
against arrest records.
14 states have legal standards governing public employers’
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consideration of applicants’ criminal records:
Arizona * Colorado * Connecticut * Florida * Hawaii * Kansas *
Kentucky * Louisiana * Minnesota * New Mexico * New York *
l i hi i
Pennsylvania * Washington * Wisconsin i
Jurisdictions with anti-discrimination laws
relating to arrest/conviction records in housing
Counties
Madison and Dane Counties, Wisconsin
Law covers: Employment and Housing
Protection: Arrests, Convictions
Specifics:
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Employment: No protection if arrest/conviction substantially
relates to job.
Housing: No protection if circumstances of the offense(s) bear
a substantial relationship to tenancy. 2 years must
have passed since applicant, tenant or member of
household was placed on probation, paroled,
released from incarceration or paid a fine.
Cities with anti-discrimination laws relating to
arrest/conviction records
bans box
At least 23 cities have legislation that “bans the box” in public employment
applications. This means that public employers can only ask about arrests/convictions
once a job applicant has moved beyond initial application and is being considered
for employment.
Jacksonville, FL San Francisco, CA
Alameda County, CA
Kalamazoo, MI Seattle, WA
Austin,
Austin TX
Memphis, TN St. Paul, MN
Baltimore, MD
Minneapolis, MN Travis County, TX
Berkeley, CA
Multnomah County, OR
Boston, MA
New Haven, CT
Bridgeport, CT
Norwich, CT
Cambridge,
Cambridge MA
Oakland, CA
Chicago, IL
Providence, RI
Hartford, CT
Washington State law relating to conviction
records in public employment
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RCW 9.96A applies to:
State of Washington, any of its counties, cities, towns,
municipal corporations, or quasi-municipal corporations.
Applies if:
1. Conviction does not directly relate to the job.
2. 10 years have passed since the conviction.
Exceptions:
Positions in the county treasurer's office- relates to past convictions of embezzlement.
ns per ised districts) se al
Working unsupervised with children (schools/school districts)- felonies relating to sexual offenses
and exploitation of minors.
Positions in Department of Social and Health Services that may have unsupervised access to minors
persons.
and vulnerable persons
Law enforcement agencies.
What about Seattle?
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Potential protections – Seattle
Protections: Arrests and convictions.
Covers: Employment, housing and contracting.
Specifics: Protection not provided if arrest or conviction:
Directly relates to the job.
Direct relationship to tenancy
(applicant/tenant/member of household).
Unreasonable risk to property or to the safety
or welfare of employees, landlord, tenants.
Employment exceptions: (modeled on WAC 9.96A) working with
unsupervised children, vulnerable adults; law enforcement agencies.
Potential Protections – Implementation
Employers and landlords would be required to consider the
context of the conviction, time that has passed since offense and
occurred
any rehabilitation that has occurred.
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Documentation of these considerations made by landlord or
employer and their concerns relating to direct connection to
tenancy or job, or safety of employees, residents or public
would be considered during any investigation made by the
Seattle Office for Civil Rights.
Case-by-case review of applicants.
Process and Timeline
September-November:
September November:
In conjunction with community partners,
meet with stakeholders to seek input
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and comment on potential options.
D b M h
December-March:
Work with community stakeholders to finalize
Mayor s consideration
an option for the Mayor’s consideration.
April-May:
Potentially introduce to City Council.
We want to hear from you!
Comments or Questions?
Please submit comments to Brenda Anibarro
at the Seattle Office for Civil Rights.
Contact info:
brenda.anibarro@seattle.gov or 206-684-4514