so my friend is a felon..

[alkemyst]

Originally posted by: BoomerD
Many states prohibit the discrimination based on felony convictions, UNLESS it specifically applies to the job.

More like some for general convictions. Most allow an employer to deny any convicted felon.

A conviction is a general term. In that very link you provide it stated felony and even high misdemeanors are not protected. The law is designed to protect those with minor misdemeanors.

 

[dsity]

He is 21 now, he has a few more years in school before he's ready for a "real' job

the reason why he has the felony is a pretty stupid mistake on his part...

this is what He told me.

HS was about to end....and of course being seniors in HS they wanted to be remembered. He said there was no better way to be remember than a spectacular senior prank. Out of his group of friends he was elected to go at night to the High school and steal the Schools Mascot. He would not go into much more detail after that. He just said that when he had broken in there was still a teacher in the building (it was around 12:00 am) He was already out side with the mascot when the police arrived.

when all was said and done....obviously he got caught, suspended, and did not get to graduate with his class. Waited about a year, plea bargain, felony conviction with class a type punishment w no probation.

 

[Lazy8s]

Originally posted by: dsity
He is 21 now, he has a few more years in school before he's ready for a "real' job

the reason why he has the felony is a pretty stupid mistake on his part...

this is what He told me.

HS was about to end....and of course being seniors in HS they wanted to be remembered. He said there was no better way to be remember than a spectacular senior prank. Out of his group of friends he was elected to go at night to the High school and steal the Schools Mascot. He would not go into much more detail after that. He just said that when he had broken in there was still a teacher in the building (it was around 12:00 am) He was already out side with the mascot when the police arrived.

when all was said and done....obviously he got caught, suspended, and did not get to graduate with his class. Waited about a year, plea bargain, felony conviction with class a type punishment w no probation.

Translation: He is probably one of the felons that should actually not get hired.

Why do I say that? I have a friend that got caught stealing TVs and computers from the school and he got charged with a misdemeanor even though he was over 18. There is no way that some highschool kids that snuck in to steal a mascot for a senior prank would plea out for a felony conviction.


I have read this post and I haven't said anything because you obviously are close to this guy but here's the bottom line: When you're looking through 1,000 applications for a job you have to start filtering them out somehow. It seems reasonable to start by removing people that have PLEAD GUILTY to a felony. Sorry man, I understand young and dumb and I understand a lot of us have done things we are very glad we did not get caught doing but when it comes down to a bunch of college grads with clean records or a guy that has plead guilty to a felony an employer would have to be nuts to keep the felon in the stack.

 

[Blieb]

I'm of mixed opinion on this matter.

In addition to judicial punishment, you are denied certain rights ... I'm not sure if there's more but I think (correct me if I'm wrong):

-No right to vote
-No right to own firearm
-Cannot work for any government agency

I could, right now, be a convicted felon. I'm glad I'm not. Mine was a stupid vandalism act as a kid ... I'm very thankful and learned my lesson. It is something that haunts my conscience and thankfully not much more than that. It could be a daily, constant reminder. He WILL have to work harder to attain and maintain.

It sounds like his felony relates to the cost of the stolen merchandise and if any weapon was found on him at the time ... I'm not sure ... I didn't think just breaking and entering could qualify since it was a school/business and not an occupied dwelling.

Kinda crappy that his defender and the prosecutor went to this length. They could have done probation, with-held adjudication, lower charge for service hours, etc ... now he's strapped with FELON ... crappy ...

 

[TheFamilyMan]

Originally posted by: dsity
He is 21 now, he has a few more years in school before he's ready for a "real' job

the reason why he has the felony is a pretty stupid mistake on his part...

this is what He told me.

HS was about to end....and of course being seniors in HS they wanted to be remembered. He said there was no better way to be remember than a spectacular senior prank. Out of his group of friends he was elected to go at night to the High school and steal the Schools Mascot. He would not go into much more detail after that. He just said that when he had broken in there was still a teacher in the building (it was around 12:00 am) He was already out side with the mascot when the police arrived.

when all was said and done....obviously he got caught, suspended, and did not get to graduate with his class. Waited about a year, plea bargain, felony conviction with class a type punishment w no probation.

So instead of your friend being remembered for something positive he decides he would rather be remembered as the guy who performed a breaking and entering to take something that wasn't his? I'm sorry, but at 17 and a senior in HS you have the mental capacity to know right from wrong. He obviously didn't and he got pinched while doing something highly illegal and now regrets it. All he can do from this point is live his life with the fact he has to try harder than the person sitting next to him who a) didn't do something as ignorant as him or b) did the same type of ignorant thing but didn't get caught. The more he dwells on the past and how 'wrong' everything seems now then the further away the light at the end of the tunnel seems. Tell him to just concentrate on making better decisions from this point forward and to concentrate on his future; if he can visualize a life ahead of him then he can have that life ahead of him. I won't go into details, but take it from someone who talks from experience and can say that there is opportunity and success after something like this.

 

[Lazy8s]

Originally posted by: Blieb
I'm of mixed opinion on this matter.

In addition to judicial punishment, you are denied certain rights ... I'm not sure if there's more but I think (correct me if I'm wrong):

-No right to vote
-No right to own firearm
-Cannot work for any government agency

I could, right now, be a convicted felon. I'm glad I'm not. Mine was a stupid vandalism act as a kid ... I'm very thankful and learned my lesson. It is something that haunts my conscience and thankfully not much more than that. It could be a daily, constant reminder. He WILL have to work harder to attain and maintain.

It sounds like his felony relates to the cost of the stolen merchandise and if any weapon was found on him at the time ... I'm not sure ... I didn't think just breaking and entering could qualify since it was a school/business and not an occupied dwelling.

Kinda crappy that his defender and the prosecutor went to this length. They could have done probation, with-held adjudication, lower charge for service hours, etc ... now he's strapped with FELON ... crappy ...

Yeah that's what makes me think the story isn't the truth....or at least not all of it. Not to mention it's not like he ws tried then convicted for a "technical" felony. I mean, if I was on a jury and a kid stole a mascot worth over the felony amount for a senior prank I doubt I would vote to convict. This kid actually pled to the felony.

 

[K1052]

He needs to get a lawyer and look into getting his record expunged or at least sealed.

 

[Xavier434]

People make dumb mistakes. Some learn from them and some don't. Employers can't tell the difference on paper though which is the problem.

Your friend needs to do four things:

1. Get a lawyer to try and clean his record as much as possible.

2. Try Try Again. He needs to apply to a lot of jobs. I recommend applying to startup companies which may not have such a streamlined screening process.

3. Tell him to seriously work on his speech craft and presentation. This is important for everyone, but it will be even more important for him. He will benefit a lot from learning how to sell himself very well. He needs to walk into that interview and convince everyone at the table that he is not just a normal guy. He is a guy who stands above the rest and can make a 5 star employee. That impression needs to be left within the first 5 min. The employer needs to forget that he is a felon for just a few minutes and be able to stare at him in the face and see a normal guy who just made a mistake. On top of that, tell him to get some good looking clothes for both interviews and to wear regularly. No more rags.

4. Connections. He needs to go out and meet good people with jobs. He needs to impress them and be very friendly. #3 above will help with this a lot.

 

[Lazy8s]

Though I have my doubts as to his story I feel the law is the law and if he is able to get the records sealed or expunged it is his right to do so. Here's some info I found for Florida for what it's worth.

http://prisontalk.com/forums/a...ndex.php/t-122763.html

Any chance we can find out what state he was convicted in? We might be able to help get your friend pointed in the right direction.

 

[dsity]

Lazy8s I'm telling it how it was told to me. I don't see any reason there would be to lie.

When you're looking through 1,000 applications for a job you have to start filtering them out somehow.

When you're looking through 1,000 applications for a job you have to start filtering them out somehow.

This could go both ways, although a majority of the time it does not.

a college grad, and a felony conviction with something to prove.

the biggest problem I have with all of this is summarized perfectly by what MovingTarget said...

Originally posted by: MovingTarget
I know people who are in just that position. A company sees on a resume/application or some background check that pops up on a computer screen that person X has had a felony. It doesn't say what, just that it was. Said person is then categorically denied any shot at employment without so much as an interview. I've seen felons go back to get degrees in other fields after serving their sentences to turn their lives around, only to see them not be able to get gainfully employed because of those HR practices. What was once a mistake made over a decade ago in some cases that lists as a felony will screw with them for the rest of their lives. They may as well have killed 10 people, no matter how minor their offence was. This I take offence to. Once you have paid your dues to society, they should no longer be able to hold that against you. Period. If you cannot or have not truly been rehabilitated or paid an equivalent price, then you shouldn't be released. Once you have, then you should. This should be determined at parole hearings and in sentencing. The system we have encourages more crime. If an ex felon cannot get a job, where does he turn to keep clothes on his back and food in his mouth? He has to get it one way or another. You do the math.

 

[dsity]

Texas was the state

 

[Xavier434]

I have to agree with dsity and MovingTarget here. People make mistakes and everyone deserves a chance to prove themselves once a mistake has been made. Our laws have consequences for those mistakes. We call those consequences "Corrective Actions". From the viewpoint of America, if those Corrective Actions are deemed incapable of actually correcting anything to the point where the person isn't given the chance to reenter society as if he has a clean slate then what is the point of having them at all? Isn't that a complete waste of time and money?

 

[Lazy8s]

Originally posted by: dsity
Lazy8s I'm telling it how it was told to me. I don't see any reason there would be to lie.

When you're looking through 1,000 applications for a job you have to start filtering them out somehow.

When you're looking through 1,000 applications for a job you have to start filtering them out somehow.

This could go both ways, although a majority of the time it does not.

a college grad, and a felony conviction with something to prove.

the biggest problem I have with all of this is summarized perfectly by what MovingTarget said...

Originally posted by: MovingTarget
I know people who are in just that position. A company sees on a resume/application or some background check that pops up on a computer screen that person X has had a felony. It doesn't say what, just that it was. Said person is then categorically denied any shot at employment without so much as an interview. I've seen felons go back to get degrees in other fields after serving their sentences to turn their lives around, only to see them not be able to get gainfully employed because of those HR practices. What was once a mistake made over a decade ago in some cases that lists as a felony will screw with them for the rest of their lives. They may as well have killed 10 people, no matter how minor their offence was. This I take offence to. Once you have paid your dues to society, they should no longer be able to hold that against you. Period. If you cannot or have not truly been rehabilitated or paid an equivalent price, then you shouldn't be released. Once you have, then you should. This should be determined at parole hearings and in sentencing. The system we have encourages more crime. If an ex felon cannot get a job, where does he turn to keep clothes on his back and food in his mouth? He has to get it one way or another. You do the math.

I know he is your friend and maybe he is not lying but when you say "all he would tell me is he was selected to steal a mascot from his HS but he wouldn't go into any details except a teacher was still there and the cops arrested him" at the very leastI think we can agree he is probably leaving out large portions of the truth unless by some terrible luch his mascot was an endangered species worth thousands of dollars. Also, there are plenty of reasons to lie; prehaps he is trying to seek gainful employment and knows no one would hire a rapist or a murderer? I do understand the problem that having a felony conviction creates for people getting a job after serving their sentence. However, it is possible for them to get many lower-paying jobs. Sure he will never earn $250,000 a year as a trial lawyer but that's how life works.

The problem I have with MovingTarget's comment is he is implying that there are some felonies that should be overlooked because they are not a big deal. If it wasn't that big of a deal it would be a misemeanor or at least he wouldn't have pled guilty to it. Also, most minors are not charged with a felony unless it's rape or muder and even then a good deal they are not.

What can he do now? It looks like the cuttof in Texas for juvi records is 17 so he can't get his juvi record sealed.

Anyways, if he has some free time to do some reading here is a good place to start. Tell him to hit up chapter 55. It looks like his best bet is to hire a lawyer though it could be costly (not as bad as having a felony conviction though).

Anyways all of these links come with a disclaimer that I am not a lawer or in law school. I have never been arrested. I am simply a REALLY bored CS graduate student looking for a reason to not write my research paper and partially because I feel bad for coming across like a jerk, though I do stand behind everything I have said.

 

[Josh]

I am a convicted felon.


I have made a few mistakes during my life that I regret to this day, but I will not allow myself to dwell upon the past. The only way to live is to look towards the future and strive to achieve and attain goals that you set for yourself. Sure, it will be harder for him to get a job, but all that means is he must work that much harder. I've been blessed with a boss who has not looked down upon me for what I have done and given me the opportunities that many would not. In return, I can say that I've worked hard and proven that what I did has nothing to do with who I am right now.

However, it is discouraging to know that it will be on my record for 10 years until I can have to expunged. I suppose I did the crime so I have to do the "time" - and I can thank God that the judge did not impose any "real time" on my case.

 

[mugs]

Originally posted by: Xavier434
I have to agree with dsity and MovingTarget here. People make mistakes and everyone deserves a chance to prove themselves once a mistake has been made. Our laws have consequences for those mistakes. We call those consequences "Corrective Actions". From the viewpoint of America, if those Corrective Actions are deemed incapable of actually correcting anything to the point where the person isn't given the chance to reenter society as if he has a clean slate then what is the point of having them at all? Isn't that a complete waste of time and money?

One of the consequences of having a felony conviction - which no person who has ever had a job could possibly not know - is that employers can require you to reveal that information when applying for a job. Actions have consequences. His friend will also get the opportunity to explain his conviction on every job application he ever fills out, so if it is as innocuous as we are led to believe it really shouldn't prevent him from getting a decent job. In any good job I've ever had, the process of filling out the application and revealing that sort of information comes AFTER the company extends an offer. I doubt many companies will rescind the offer at that point when all the OP's friend did was steal a mascot with the intention of giving it back.

 

[lokiju]

Originally posted by: dsity
It was a $4000 fine Class A misdemeaner type punishment)

So was it a misdemeanor or felony?

 

[Lazy8s]

Originally posted by: Xavier434
I have to agree with dsity and MovingTarget here. People make mistakes and everyone deserves a chance to prove themselves once a mistake has been made. Our laws have consequences for those mistakes. We call those consequences "Corrective Actions". From the viewpoint of America, if those Corrective Actions are deemed incapable of actually correcting anything to the point where the person isn't given the chance to reenter society as if he has a clean slate then what is the point of having them at all? Isn't that a complete waste of time and money?

Think about it from the other side. A great example is the Six Flags Beating. After it came out that Six Flags had hired a bunch of gang members people in Atlanta were up in arms saying Six Flags should not hire violent offenders or they should be shut down. Sex Flag's response was they do not hire anyone with criminal records but the records of the kids were sealed so Six Flags had no idea.

Would you hire a rapist as a babysitter for your 9y.o. daughter just because he has served his 10 years in jail? Once you have comitted a felony you have passed the "stupid mistake" point in many people's opinion. While I sympathize with the people that are truly rehabilitated there is no litmus test for rehabilitation and the fact is that over Two-Thirds of people arrested will be repeat offenders. If we know that most people arrested for a crime will do it again it would be very stupid of us to not treat them that way. There are a lot of facts of life, some are not nearly as pleasent as others.

 

[krunchykrome]

Thats just the way it is.

If a business wants to hire 5 employees, and of ten candidates, 5 of them are ex-felons, who do you think they will hire. What kind of job is he trying to get?

 

[Vonkhan]

You're damned if you do & you're damned if you don't

I think one option might be to go into business for yourself - start out small - a moving company, handyman, broker, some kind of independent contractor with a local company?

 

[Xavier434]

Originally posted by: Lazy8s

Originally posted by: Xavier434
I have to agree with dsity and MovingTarget here. People make mistakes and everyone deserves a chance to prove themselves once a mistake has been made. Our laws have consequences for those mistakes. We call those consequences "Corrective Actions". From the viewpoint of America, if those Corrective Actions are deemed incapable of actually correcting anything to the point where the person isn't given the chance to reenter society as if he has a clean slate then what is the point of having them at all? Isn't that a complete waste of time and money?

Think about it from the other side. A great example is the Six Flags Beating. After it came out that Six Flags had hired a bunch of gang members people in Atlanta were up in arms saying Six Flags should not hire violent offenders or they should be shut down. Sex Flag's response was they do not hire anyone with criminal records but the records of the kids were sealed so Six Flags had no idea.

Would you hire a rapist as a babysitter for your 9y.o. daughter just because he has served his 10 years in jail? Once you have comitted a felony you have passed the "stupid mistake" point in many people's opinion. While I sympathize with the people that are truly rehabilitated there is no litmus test for rehabilitation and the fact is that over Two-Thirds of people arrested will be repeat offenders. If we know that most people arrested for a crime will do it again it would be very stupid of us to not treat them that way. There are a lot of facts of life, some are not nearly as pleasent as others.

You made the assumption that I feel these criminal records should be kept from employers. This is not the case for the exact reasons you describe here. All I am saying is that a lot of these people deserve second chances and have learned from there mistakes yet many companies will not even give them an interview. It's a question of morality and business practices. That's all.

I also realize that not all companies do this.

 

[moshquerade]

is he gellin?

 

[mugs]

Originally posted by: lokiju

Originally posted by: dsity
It was a $4000 fine Class A misdemeaner type punishment)

So was it a misdemeanor or felony?

It was a felony, but the punishment was typical of a misdemeanor.

 

[dsity]

lokiju it was a felony, with a Misdemeanor A punishment. Meaning He had a felony conviction but had to serve what Misdemeanor A's are. (a fine, possibly country jail time, and/or probation)





I do not know if you are still reading Josh, but what do you do now (career)?

 

[dsity]

before his conviction I knew he wanted to eventually reach a job as a network administrator and then on, but I do not know how easily atainable that would be for him now.

 

[imported_Baloo]

Originally posted by: dsity
lokiju it was a felony, with a Misdemeanor A punishment. Meaning He had a felony conviction but had to serve what Misdemeanor A's are. (a fine, possibly country jail time, and/or probation)





I do not know if you are still reading Josh, but what do you do now (career)?

Hmm, I'd be checking to make sure he was actually convicted of the felony, rather than charges beeing lowered to a misdemeanor. Sound sto me like your friend may be hurting himself, saying it was a felony, when the record says misdemeanor.