Criminal History Records and Higher Education: Leveraging Second Chances Pathways of Possibility Conference February 27, 2013 New York, New York Marsha Weissman, Ph.D. Executive Director

Center for Community Alternatives The Center for Community Alternatives (CCA) promotes reintegrative justice and a reduced reliance on incarceration through advocacy, services and public policy development in pursuit of civil and human rights.

Discussion Importance of higher education Mass criminalization Racial disparities Lifetime consequences of a criminal history record Policies & practices to ensure access to education for people with criminal history records

At least 8 out of 10 of the fastest growing jobs in the U.S. require some postsecondary education U.S. Department of Education 2003

Growth of Felons and Ex-felons, Source: Shannon, Uggen, Thompson, Schnittker & Massoglia GROWTH IN THE U.S. EX-FELON AND EX-PRISONER POPULATION, 1948 TO 2010

Racial Disparities (incarceration rates per 100,000) Source: West, Bureau of Justice Statistics of Criminal Justice Statistics, 2010

One out of three Black American males in the United States can be expected to be jailed during his lifetime, according to the US Justice Department (2003). 1964: Title VII prohibits employment discrimination based on race, color, religion, sex and national origin. CRIMINALS NEED NOT APPLY “over 40 percent of employers indicated that they would “probably” or “definitely” not be willing to hire an applicant with a criminal record for a job not requiring a college degree…” Harry Holzer, “How Do Crime and Incarceration Affect the Employment Prospects of Less- Educated Black Men?” Herkimer Community College President, Ronald Williams’ recently asserted in a letter to advocates that the “admission to HCCC of felons would be unfair to the taxpaying residents of Herkimer County.” “…punitive and overzealous tools and approaches of the modern criminal justice system have seeped into our schools, serving to remove children from mainstream educational environments and funnel them onto a one-way path toward prison.” NAACP LEGAL DEFENSE AND EDUCATIONAL FUND, INC.: School to Prison Pipeline Initiative Under the Anti-Drug Abuse Act, “public housing authorities have the discretion to terminate the lease of a tenant when a member of the household or a guest engaged in drug-related activity, regardless of whether tenant knew, or should have known, of the drug-related activity.” Lifetime Consequences

Without opportunities like college, the sentence lasts a lifetime

Note: All applicants (freshmen and transfer students must answer questions 20a and 20b 20a Have you been convicted of a felony? Yes No SUNY Application for Undergraduate Admission.

Collection of Criminal Justice Information in College Admissions Source: Center for Community Alternatives 2010

Use of Criminal Justice Information in College Admissions Source: Center for Community Alternatives 2010

Admissions-Related Uses of CJI Have some type of CJI-related automatic bars to admission 28% Automatic denial based on sex offense conviction 19% Automatic denial based on violent conviction 16% Automatic denial based on felony conviction 13% Automatic denial based on campus security office ’ s recommendation 11% Source: Center for Community Alternatives 2010

Role of ATI/Reentry Programs in Promoting Higher Education Partnerships and Special Programs: –College Initiative (co-located at the Fortune Society –On Point for College (partnership with CCA) –College and Community Fellowship CCA Civic Restoration Clinic –Obtain, review and correct criminal history records –Obtain certificates of rehabilitation –Understand rights and responsibilities in disclosing a criminal history record –Advocacy for admission –Advocacy at sentencing

Overcoming Barriers “Attending college and finishing my BA (and later my master’s) is the most important thing I need to do. I think this is one of the very few ways I can make my history an asset rather than a detriment. I may end up working as a professional in the social justice/prisoner advocacy field largely because of that same history. So it feels great and extremely important.”

Recommended Policy Changes Support/encourage a “Ban the Box” on college applications Develop “best practice” recommendations to guide how colleges and universities screen for criminal justice records Support/sponsor research on the rate of campus crime committed by students with criminal history records compared to students without such records

For more information or to download the study The Use of Criminal History Screening in College Admissions go to: