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Ask Slashdot: Can a Felon Work In IT?

First time accepted submitter Lesrahpem writes I'm a felon with several prior misdemeanor convictions from an immature time in my life. I've since cleaned up my act, and I want to go back into the IT sector. I keep running into potential employers who tell me they'd like to hire me but can't because of my past record (expunging won't work, I'm in Ohio). Does anyone have any suggestions for me? Should I just give up and change careers?"

406 of 720 comments (clear)

  1. America, land of the free... by Bohnanza · · Score: 5, Insightful

    ...and home of the lifetime sentence for nearly every crime. Best of luck to you.

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    Sorry, I'm only a 1336 h4x0r.

    1. Re:America, land of the free... by Chris+Mattern · · Score: 4, Funny

      He must have also committed felonies or he wouldn't be a felon...

    2. Re:America, land of the free... by Alomex · · Score: 5, Insightful

      Well if you don't like it you can exercise your democratic right and vote against it... unless you live in one of the many states that do not allow felons to vote.

      Nice ain't it?

    3. Re:America, land of the free... by xevioso · · Score: 4, Informative

      While it sucks, there's a good reason why companies have asked people about their past criminal history or have done searches.

      If you have past felony convictions for, say grand larceny or other similar crimes, and are hired, and then go on to commit a crime against a customer while working, it's very easy for that company to get sued for millions. It's would be incredibly easy to make the argument that the company knew or should have known that Mr. Felon (who supposedly cleaned up his act) had prior convictions and was a risk to the company and its customers. Then, BLAM, the company is out millions of dollars, all because it didn't check or didn't care.

      Now, while this sucks for the felon trying to land a job, it also sucks for the company, and lets face it, the recidivism rate among past felons is generally pretty high. Why should a company want to risk it's own livelihood or existence just to give you a second chance?

      This is a risk mitigation issue, and maybe it's a good thing that states are making it difficult to ask or check, but companies will do it anyway, just for the reasons I've outlined. Maybe companies in other, "more enlightened" societies haven't had their pants sued off them enough to make this an issue, bit is one here.

    4. Re:America, land of the free... by Anonymous Coward · · Score: 5, Informative

      Or he simply doesn't know the difference. Either way, criminal background checks are required for most IT jobs I have ever applied for and have never seen anyone with a criminal history get an IT job. I have seen people get rejected for reckless driving and DUI as being able to travel and drive to remote facilities was required, let alone a rash of misdemeanors and a felony off the road.

      If you want to stick to IT I would suggest trying to find (or make) friends with others in management positions over IT groups and try to get hired. Some time on the job and some strong references will help your chances, but not guarantee anything as managers' hands are often tied when HR flags a candidate with a criminal history.

      I would also suggest switching your career to politics, as that career path doesn't seem to care much about criminal history.

    5. Re:America, land of the free... by jd142 · · Score: 5, Informative

      Well, yes, in the same way that Socrates is mortal because Socrates died.

      The thing is, in the good ol' US of A, where less than 10 years ago you could be a felon for owning 6 dildos, we can be pretty darn stupid. http://www.dumblaws.com/law/938. Yes, the law was overturned, but just one example of the way we are tough on crime. And here's some fun with our drug laws. http://netnebraska.org/article/news/938774/how-tough-nebraska-pot-possession-depends-county I like the quote “Let’s say you have a marijuana brownie,” Steller explained. “We would prosecute you for the possession of hash which is a class 4 felony.”

    6. Re:America, land of the free... by vidarlo · · Score: 5, Informative

      Now, while this sucks for the felon trying to land a job, it also sucks for the company, and lets face it, the recidivism rate among past felons is generally pretty high. Why should a company want to risk it's own livelihood or existence just to give you a second chance?

      I think there's a circular logic somewhere there. If you don't have a job, I guess you have a lower threshold for crime. If you have a job, and everything to loose, I guess crime is not so tepmting.

      In most of Europe, criminal convictions is simply irrelevant to jobs. Some jobs require your record, but mostly not the full - only a limited record. For instance, if you work with kids, you need a record clean of child abuse and sexual assaults. But for a general job in IT? Noone would even ask about your record. I have not been asked ever - except for a visa application to the USA.

      I believe the European system is better at integrating convicts back into soceity, stopping them from committing more crime.

    7. Re:America, land of the free... by ShanghaiBill · · Score: 4, Interesting

      While it sucks, there's a good reason why companies have asked people about their past criminal history or have done searches.

      My experience is that most companies do NOT check. I have worked for half a dozen tech companies, over several decades, and have been involved in hiring over a hundred people. Except for a couple cases that involved security clearances, we never did a criminal background check. Why should we? Studies have shown that people with criminal backgrounds tend to do no worse on the job. You are better off screening out people that use MSIE to fill out their application, since that is actually correlated with poor job performance.

    8. Re:America, land of the free... by Lunix+Nutcase · · Score: 5, Insightful

      Now, while this sucks for the felon trying to land a job, it also sucks for the company, and lets face it, the recidivism rate among past felons is generally pretty high. Why should a company want to risk it's own livelihood or existence just to give you a second chance?

      Yes, it's pretty high precisely because of all the people like yourself with such an attitude. If an ex-felon cannot find a legitimate job they will simply turn to crime and thus will land in prison again. And because of that you will pay more and more in taxes to support that.

      So if you want a society in which recidivism rates go down and ex-felons are reformed rather than becoming life-long criminals who get repeatedly locked up in prison, we should all be trying to push for more ex-felons to be given a second chance.

    9. Re:America, land of the free... by timeOday · · Score: 4, Insightful

      It's not hard to understand why companies might be slow to hire ex-cons in a market with a long-term labor surplus. What is harder is fixing the problems created by such policies - you release somebody from prison into society. You deny them voting rights, and employment, and even welfare and food stamps. They literally have no way to get food. And then sit back and wait for the self-fulfilling prophecy of recidivism. You could hardly design a system more likely to fail if you tried.

    10. Re:America, land of the free... by Anonymous Coward · · Score: 1

      If he lied on Slashdot by omission about felonies, I think he'll have trouble getting/keeping a job in IT.

      If he doesn't know the difference between a felony and a misdemeanor, he'll have trouble doing a job in IT.

      Car sales is always an option for him.

    11. Re:America, land of the free... by jd2112 · · Score: 2

      You are better off screening out people that use MSIE to fill out their application, since that is actually correlated with poor job performance.

      Ah, that explains why I couldn't get that job that I applied for. The application page was IE only and changing the agent string on my browser didn't work.

      --
      Any insufficiently advanced magic is indistinguishable from technology.
    12. Re:America, land of the free... by Cytotoxic · · Score: 4, Insightful

      I agree with the concepts your are talking about, but I cannot imagine an IT shop failing to check the background of a system administrator who will be working with banking systems, for example. Think about the fallout if Deutsche Bank hired a database administrator with prior convictions for banking fraud, only to see that employee steal 100 million from the bank.

      I'm going to bet that criminal convictions are pretty important in the relevant areas, even in Europe. They probably do a better job of discriminating which information is relevant and which positions are sensitive.

      The part where they ask about prior history might also be different in Europe. In the US I think a large part of the reason for asking about prior criminal history is to set up a situation where it is easy to terminate an employee if they lie on the application. In Europe they might not have to ask before running a criminal background check. And lying on the application might not make a difference when it comes time to terminate an employee.

    13. Re:America, land of the free... by Anonymous Coward · · Score: 3, Funny

      “Let’s say you have a marijuana brownie,” Steller explained. “We would prosecute you for the possession of hash which is a class 4 felony.”

      At least hash browns are still legal.

    14. Re:America, land of the free... by Bogtha · · Score: 4, Insightful

      what's the problem with the loss of the voting franchise?

      Aside from the fact that it's fundamentally incompatible with democracy, wasn't a huge part of the American revolution the idea that there should be no taxation without representation? Those felons are taxpayers, aren't they?

      --
      Bogtha Bogtha Bogtha
    15. Re:America, land of the free... by Opportunist · · Score: 1

      You're honestly comparing the right to vote with the right to have a gun?

      --
      We used to have a Bill of Rights. Now, with the rights gone, all we have left is the bill.
    16. Re:America, land of the free... by Noah+Haders · · Score: 1

      >>The thing is, in the good ol' US of A, where less than 10 years ago you could be a felon for owning 6 dildos

      Wow, glad I wore a mask in that movie! Srsly tho, there are plenty of dumb laws. See the book Emergency Sasquatch Ordinance. Better to look at dumb arrests, prosecutions and convictions.

    17. Re:America, land of the free... by vidarlo · · Score: 1

      I agree with the concepts your are talking about, but I cannot imagine an IT shop failing to check the background of a system administrator who will be working with banking systems, for example. Think about the fallout if Deutsche Bank hired a database administrator with prior convictions for banking fraud, only to see that employee steal 100 million from the bank.

      Of course it's checked for some positions, and finance is one of those. But in general, it's not legal to ask about it. If you apply as a programmer the employer can generally not even ask.

      I'm going to bet that criminal convictions are pretty important in the relevant areas, even in Europe. They probably do a better job of discriminating which information is relevant and which positions are sensitive.

      In general no. For the jobs I've applied to (electrical engineering for some pretty big companies) it's not been asked about. They have no right to ask, and no right to know. On defence projects the individuals participating has had background checks by the intelligence service, but failing that would not mean losing job - only not being allowed to work on defense projects.

      In Europe they might not have to ask before running a criminal background check. And lying on the application might not make a difference when it comes time to terminate an employee.

      In most European countries the employee have to sign and/or submit the application for a background check. The result will be sent straight to the employer, but the application has to be filed by the employee.

      In Norway, I can not even get a written copy of my record unless I provide a valid reason. I can get it read out to me, but not in writing. That is to stop companies from asking without reason. The reason is printed on the record, and misuse is illegal. So if I get one for a visa application, and my employer uses that for anything but visa application, they look at civil liability for the information misuse, and criminal liability for the failure of threating information in the proper way.

    18. Re:America, land of the free... by TWX · · Score: 4, Interesting

      I'm really starting to wonder if maybe the only felony that should deserve a revocation of the right to vote is vote fraud.

      If the number of convicts or felons is so high that they constitute a voting bloc that could influence law, then perhaps the laws that have convicted them need to be considered.

      That doesn't mean that the voting district, or state, or whatever has to make it particularly easy to vote for those in jail (ie, no polling place in the prison), but if the convict is capable of writing-in to request an absentee or mail-in ballot, then I see no reason why the state should prohibit or preclude that population from voting. I would even argue that those incarcerated in prison (generally long-term) instead of simple jail (short term) should register their address and right to vote where they live, ie, at the prison.

      That might suck for prison-industrial-complex towns like many down in Texas, but there again, if we're incarcerating so many people that they can significantly influence an election, then perhaps our laws incarcerating so many people need to be reconsidered.

      Besides, I expect a lot of those convicted probably didn't vote prior to conviction, and being convicted in of itself isn't likely to get them to start voting either.

      --
      Do not look into laser with remaining eye.
    19. Re: America, land of the free... by Anonymous Coward · · Score: 1

      America is not a democracy. It never was.

    20. Re:America, land of the free... by Shadow+of+Eternity · · Score: 4, Insightful

      Problem is a huge proportion of those people are black, and in America blacks almost always vote democrat.

      --
      A bullet may have your name on it but splash damage is addressed "To whom it may concern."
    21. Re:America, land of the free... by johanw · · Score: 4, Informative

      I don't know about other EU countries, but in The Netherlands employers can ask for a "declaration about the behaviour" of the applicant. That's a document the government issues, and the employer has to indicate what kind of possibly sensitive things the job requires, like working with children, working with large sums of money, with sensitive/secret information or with dangerous substances. If you're convicted for hild abuse you still can get such a document for working in a bank, but not for a job in childcare (and in childcare the employer is required to ask for such a declaration). If you're convicted for bank fraud the opposite, you are still alowed to work with children.

      That's all most employers can ask, and most won't ask it because if they indicate the job does not require to work with anything like that the declaration will always be given and it's a waste of money and effort. Employers can ask beyond this of course, but I've never eard of it happening and I even think you are legally alowed to lie, the same like an employer isn't alowed to ask if you're pregnant but if he does and you lie a court will not alow the contract to be broken for that.

    22. Re:America, land of the free... by TWX · · Score: 1

      It is possible that he has felony convictions that have subsequently been reduced to misdemeanor charges due to good behavior, but normally in those circumstances the applicant doesn't have to disclose them, as on-record they're now misdemeanors retroactively, not felonies.

      Depending on the article submitter's conviction, assuming that there is a legitimate felony in there, if he has stayed on the straight-and-narrow since then and has engaged in the community (volunteering, etc) then depending on the nature of the felony conviction, he might be able to petition to court and the prosecutor's office to reduce the felony to a misdemeanor. If there was an individual victim then he might have to involve them as well, though that would probably be something that the court or the prosecutor's office would be better off doing. He'll probably also need a lawyer of his own to help try.

      This is a long-shot at best, but it's the only thing I can think of. It's all on the legal system too, rather than anything to do with tech.

      --
      Do not look into laser with remaining eye.
    23. Re:America, land of the free... by Anonymous Coward · · Score: 1, Insightful

      In (I believe) every state of the US, possess any quantity of any hard drug (e.g. anything other than pot, mushrooms, or steroids), which includes prescription drugs that aren't in your name or where you don't have them in the pill bottle with your name on it, and you'll be facing a felony conviction. One can drive drunk, possess a handgun in public, or beat up a a random person on the street and be charged with a misdemeanor. But get convicted for possessing one pill of Ecstasy, having some cocaine residue in a baggie, or a leftover Vicodin in a purse, and that person is potentially a felon for life. Now that's fucked up...

      The TV show "COPS" shows the breadth and depth of "PCS"--possession of controlled substance, which is a felony.

    24. Re:America, land of the free... by ultranova · · Score: 1

      Aside from the fact that it's fundamentally incompatible with democracy, wasn't a huge part of the American revolution the idea that there should be no taxation without representation?

      Yes, but as usual, as soon as the rebels won and became the new bosses they started behaving like bosses.

      --

      Forget magic. Any technology distinguishable from divine power is insufficiently advanced.

    25. Re:America, land of the free... by dnaumov · · Score: 1

      This very much depends on "what average IT job". I am in Finland and work a "very average IT job" and a major telco, me and my colleagues don't just have to provide our criminal record to the employer - the Finnish intelligence services (not regular police) do a full background check on us.

    26. Re:America, land of the free... by stephanruby · · Score: 1

      America, land of the free...

      ...and home of the lifetime sentence for nearly every crime. Best of luck to you.

      Actually, not all the States in the United States have the same laws regarding criminal background checks. If I were him, I'd possibly consider moving.

      In addition, many state laws provide some protections for applicants with a criminal past. Some states prohibit employers from asking about arrest records, at least if the arrest is no longer pending. Some states allow employers to ask about convictions only if they relate directly to the job, or require employers who consider convictions to take particular facts into account, such as how serious the crime was and whether the applicant has participated in any rehabilitation efforts. To find out whether your state has a law regarding employer use of arrest and conviction records, select it from the list below.

      [source]

    27. Re:America, land of the free... by AmiMoJo · · Score: 5, Insightful

      No crime should ever prevent a person from voting. It's a fundamental right to participate in democracy, and if the goal is to rehabilitate offenders then they must be able to fully participate in society after they have paid their debt.

      --
      const int one = 65536; (Silvermoon, Texture.cs)
      SJW, n: "Someone I don't like, and by the way I'm a fuckwit" - AC
    28. Re:America, land of the free... by cheesybagel · · Score: 1

      I advise him to move and change his name. Seriously.

    29. Re:America, land of the free... by AmiMoJo · · Score: 4, Informative

      In Europe convictions are considered "spent" after some time, and you don't have to report them even if they ask. Credit reference agencies and the police are not allowed to reveal those convictions to employers, banks or anyone else.

      So, the OP should move to Europe.

      --
      const int one = 65536; (Silvermoon, Texture.cs)
      SJW, n: "Someone I don't like, and by the way I'm a fuckwit" - AC
    30. Re:America, land of the free... by gunnnnslinger · · Score: 3, Interesting

      That's because Norway (and many European countries) is run by competent people, who care about their country. America is run by greedy and amoral corporations who view their country as a feedlot and a labor camp. Fatten them up by selling them shitty food and sedentary entertainment so you can keep them barely working and dependent upon expensive drugs, and keep them working all the time so they only have time to buy and eat the shitty food and expensive drugs, never time to get a real fucking education that would mean true freedom. America is a shame, I would leave without a second thought if I had the means. This man probably has a felony because he rebelled against this system out of some misunderstood desperation, many Americans do. Whether it's drug abuse, petty theft, or shoplifting, many people desperate to wake up from this consumer shithole paradigm lash-out. After which, of course, the system now knows that they can't be trusted to be mindless fucktard shoppers and slaves any longer. So they get the permanent 'F stamp' which means for the REST OF THEIR LIFE, they will have to beg people to trust them enough to give them shitty jobs, substandard housing rentals, will never be able to possess firearms, will always be treated with suspicion right out of the gate with police and 'law enforcement' gang members. We have an invisible caste system in America, and having a felony for anything (even as minor as getting caught with less than a few grains (as in dust particles) of cocaine can relegate you to the bottom of the caste system for the rest of your life.

    31. Re:America, land of the free... by ultranova · · Score: 2

      Fail? High recividism rate succeeds perfectly in reinforcing the idea that world has good people and bad people. This, in turn, helps justify the use of violence against the bad. And, certainly entirely coincidentally, the USA has invested very heavily into the capacity to use such violence.

      What's a few ruined lives next to an empire?

      --

      Forget magic. Any technology distinguishable from divine power is insufficiently advanced.

    32. Re:America, land of the free... by Kohath · · Score: 1

      We could make it harder to sue or less profitable to sue if you lose. But that would mean some companies could escape liability even though they knew they were hiring felons. What does the anti-corporate crowd on Slashdot suggest for this?

      One possible answer is a government funded liability pool. Governments could insure against these lawsuits as a way to help felons keep out of trouble in the future. Of course, this would (correctly) be called a taxpayer giveaway to companies and ex-cons.

      It seems like the only solution is for the culture to be less punitive. Against felons and companies and everyone else. Look for that to happen when US politics stops being primarily about "us vs. them". Not soon.

    33. Re:America, land of the free... by ultranova · · Score: 1

      Think about the fallout if Deutsche Bank hired a database administrator with prior convictions for banking fraud, only to see that employee steal 100 million from the bank.

      "Deutsche Bank welcomes a new member to its board of directors. Natural talent was found amongst company IT staff."

      --

      Forget magic. Any technology distinguishable from divine power is insufficiently advanced.

    34. Re:America, land of the free... by DigiShaman · · Score: 1

      Regardless, ex-felons need mentors in their life. They're a reason why they became felons in the first place, and you really want to ensure they don't commit another crime. So mentoring them is in the benefit of both society and themselves. A broken trust must be mended; and that's really what this is about so they can go on an further their career and have a potentially normal life again.

      --
      Life is not for the lazy.
    35. Re:America, land of the free... by NicBenjamin · · Score: 1

      Their rebelliousness against hereditary privilege, monarchy, and all the other things we love to claim make America so much better then the UK is greatly exaggerated.

      The highest ranking British Nobleman involved on either side during the war was Lord Stirling, who joined the rebels partly because the Brits refused to acknowledge him as his distant cousin's heir because a missing cousin with a better claim . In terms of noble rank he was actually outranked by at least one of his fellow American Major Generals, Lafayette, because a Marquis outranks an Earl.

    36. Re:America, land of the free... by TWX · · Score: 1

      My post came from a bit of anecdotal knowledge of a friend's experiences. He was convicted of a felony, his charge was reduced to misdemeanor on completion of a rehabilitation program, and he was working in tech. Haven't heard from him in years, so I don't know if it' followed him subsequently or not, but this all did happen in the era of regular background checks on potential employees.

      --
      Do not look into laser with remaining eye.
    37. Re:America, land of the free... by dunkelfalke · · Score: 1

      See it this way. Your parents have made a choice to give birth to you and raise you. The society has to live with the result of that choice. You really should consider yourself lucky the society accepts that sometimes people make stupid choices instead of preforming a post-natal abortion even if some think that you are a waste of oxygen.

      Same goes for other kinds of choices.

      --
      "It's such a fine line between stupid and clever" -- David St. Hubbins, Spinal Tap
    38. Re:America, land of the free... by Kohath · · Score: 1

      What if they find out anyway? If someone hires a thief to work with children and then the thief steals from the child's family, can the employer be sued? Is the government declaration a shield against liability?

    39. Re:America, land of the free... by BarbaraHudson · · Score: 4, Interesting
      Agreed. Up here there was a bit of a furor (mostly by the "usual suspects") when our supreme court ruled that ALL prisoners had the right to vote, but it quickly died down.

      In its decision in Sauvé v. Canada (Chief Electoral Officer) in 2002, the Supreme Court of Canada ruled that prisoners serving terms of more than two years could not be disqualified from voting, stating that legislation infringing on prisoners' right to vote was not a reasonable limit of that right

      So ballot boxes in all prisons on election day is now seen as normal. Anything that makes inmates feel like they have a positive connection to greater society is a good thing.

      --
      "Transparent" is a shit show that trades on every stereotype going. A man in drag is NOT a transsexual.
    40. Re:America, land of the free... by Ichijo · · Score: 1

      Unfortunately, the goal isn't to rehabilitate offenders. If it were, all prison sentences would be the same: stay in there until you've been rehabilitated. (Can you think of a better way to motivate people to change?)

      No, the main goal of prisons is revenge (also called "retribution").

      --
      Any sufficiently unpopular but cohesive argument is indistinguishable from trolling.
    41. Re:America, land of the free... by TheRaven64 · · Score: 1

      The problem with baring convicted criminals from voting is that it sets up a strong incentive for the current government (whichever team they happen to be at the time) to pass laws that disproportionately criminalise people who vote for the other team. Let that happen for a few iterations and... well, there's a reason that the USA has a higher percentage of its population in prison than any other western country.

      --
      I am TheRaven on Soylent News
    42. Re:America, land of the free... by spire3661 · · Score: 1

      A second misdemeanor of the same type can be charged as a felony in some states. Shoplift once, its a misdemeanor, shoplift twice, hello felony.

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      Good-bye
    43. Re:America, land of the free... by Urkki · · Score: 1

      This very much depends on "what average IT job". I am in Finland and work a "very average IT job" and a major telco, me and my colleagues don't just have to provide our criminal record to the employer - the Finnish intelligence services (not regular police) do a full background check on us.

      But it is worth mentioning, that content of the background check is not revealed, the employer only gets "yes" or "no" result from the check for the particular job. So in fact you are not providing your criminal records to anybody, you just provide permission for the background check.

    44. Re:America, land of the free... by skids · · Score: 1

      Yeah, I would say to the OP that it matters what information you touch or privileges you have in that job position, e.g. if you are running around to network racks with a "god key" having theft as a conviction would not be a good match.

      I would say that, but the truth is that in a lot of places whether they even check is arbitrary, and then what they do with the information is also arbitrary. HR and hiring committees in general tend to be a quite slapdash.

    45. Re:America, land of the free... by mwvdlee · · Score: 1

      We don't know the type of crimes he's committed, but at the very least he has proven himself willing and able to commit crimes of a certain nature. However, it is impossible to prove he will never do any crime again. Statistically, he's in a group (= released prisoners) where 3/4th will commit a crime within 5 years. Perhaps his types of crime have less recidivism, but we don't have enough information to judge that. If the nature of his past crimes conflict with the type of access to sensitive data that typically comes with an IT job, you shouldn't be surprised employers won't risk hiring you. I can't think of a single IT job where you won't have access to data that could be abused. Again, it depends on the type of crimes. Perhaps in a few decades you'll have earned back enough trust. Not trying to put the guy down, but this is the reality of how companies will judge his job applications.

      Your best bet is probably to start your own business (assuming you are legally allowed to do so with a criminal background; I don't know the local laws). Even then you might run into laws preventing you from certain types of business due to your past.

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    46. Re:America, land of the free... by spire3661 · · Score: 1

      DO you remember what happened when England said 'too bad no votes for you' to the colonies? Permanently disenfranchising a citizen is absolutely wrong.

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      Good-bye
    47. Re:America, land of the free... by spire3661 · · Score: 1

      The problem is that we give felonies out like candy for things that should be misdemeanors.

      --
      Good-bye
    48. Re:America, land of the free... by Opportunist · · Score: 4, Insightful

      The question is not why the right to bear arms is a constitutional right. The question is why the right to vote is not.

      --
      We used to have a Bill of Rights. Now, with the rights gone, all we have left is the bill.
    49. Re:America, land of the free... by St.Creed · · Score: 2

      That's because Norway (and many European countries) is run by competent people, who care about their country.

      It's because the working class organizations (consumer organisations, trade unions) are so strong in most parts of the EU and especially Norway, they have gained a lot of rights and limitations to the powers of capital.Nothing inherently competent about the Norwegians - a competent crook is still competent after all - but the ability of companies to get away with things most people find offensive has been limited by rules like this.

      --
      Therefore, by the (faulty) logic you're using, you're just a cow with a keyboard - osu-neko (2604)
    50. Re:America, land of the free... by TWX · · Score: 2

      The problem with that is that someone has to later decide that a prisoner is ready to leave, and could decide for reasons unrelated to the prisoner's rehabilitation whether or not to release them. Declaring sentence at conviction based on already-published guidelines, with the ability for the courts or the state to reduce, but not increase sentence post-conviction means that those who are truly rehabilitated early might be released early, but those that are not will serve out their sentences.

      --
      Do not look into laser with remaining eye.
    51. Re:America, land of the free... by St.Creed · · Score: 1

      The employer cannot be sued except if he was colluding or conspiring in the theft, or negligent in other ways (like not providing lockers and forcing you to leave bags outside in the open).

      The government declaration is not a shield against liability - the privacy laws are. The employer is both not expected to know about convictions that are irrelevant to the line of work, but it's also illegal to check them via other means.

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      Therefore, by the (faulty) logic you're using, you're just a cow with a keyboard - osu-neko (2604)
    52. Re:America, land of the free... by Jhon · · Score: 1

      " It's a fundamental right to participate in democracy, "

      Two points... (1) The US isn't a democracy. It's a republic ("...and to the REPUBLIC for which it stands..."). (2) Voting isn't a "right" in the US. It's a privilege.

    53. Re:America, land of the free... by Anonymous Coward · · Score: 3, Informative

      Use a recruiting agency, work a contract first, then convert to a perm. The recruiting agency will do the background check, after they have an offer on the table, and only if requested by the company. Once they have the offer, all that they will see is $$$ and be more likely overlook issues. Stuff that happened long ago in my case. If you are competent, it is quite easy to get converted to perm without any checks (for a mid sized company).

    54. Re:America, land of the free... by Jhon · · Score: 3, Insightful

      " If you don't have a job, I guess you have a lower threshold for crime. "

      I've been homeless and I've been jobless and I cannot disagree with you more. I think the reason it MIGHT appear that way is that people are willing to risk potential punishment for quick rewards rather than put in the work necessary to earn them. It's really as simple as that. There is virtually no place in the US where someone who is homeless and jobless cannot get enough assistance from city/state/private agency to change their situation. The exceptions are those in similar circumstance who are UNABLE to work or manage their own care/life due to mental illness or substance abuse.

    55. Re: America, land of the free... by Anonymous Coward · · Score: 3, Insightful

      Anyone who doesn't understand the importance of both shouldn't be allowed to vote.

    56. Re:America, land of the free... by Creepy · · Score: 1

      It may be possible to intern with a company first to prove you are a changed person, but yeah, hard to break in, especially with any established company. There is an effort to "ban the box," but until that takes root, employers will ask if you have a criminal past.

        Another option would be to try contracting. My brother's contracting company (electrical engineering) requires a proven skill set, but I doubt if they do any background checks. The hard part, of course, is proving you've got the skills (they hire extremely skilled workers in a very narrow category of electrical engineering). I know another company that does web design and they occasionally hire contractors, as well.

    57. Re:America, land of the free... by mi · · Score: 4, Insightful

      The thing is, in the good ol' US of A, where less than 10 years ago you could be a felon for owning 6 dildos

      Somehow I doubt, the asker was convicted only of violating something as stupid as possession of dildos or innocent as that of marijuana — he would've said so (if any employer even paid attention to it in the first place).

      No, he was, by all appearances, genuinely guilty of at least one violent crime — plus some misdemeanors. I'm not saying, he "deserves" never to work in IT at all, but I don't blame the IT-folks — most of whom have not hit anybody in anger since middle school — for not wanting to work (be under the same roof!) with such a guy.

      Why would you choose to drag out your anti-Americanism over this, is beyond me...

      --
      In Soviet Washington the swamp drains you.
    58. Re:America, land of the free... by Creepy · · Score: 1

      Most often I have heard of that with "three strikes" laws.

    59. Re:America, land of the free... by Pulzar · · Score: 1

      Aside from the fact that it's fundamentally incompatible with democracy, wasn't a huge part of the American revolution the idea that there should be no taxation without representation? Those felons are taxpayers, aren't they?

      All of non-citizens that work in US and pay taxes are also getting taxed without representation... and there are likely way more of them than felons.

      --
      Never underestimate the bandwidth of a 747 filled with CD-ROMs.
    60. Re:America, land of the free... by Creepy · · Score: 4, Interesting

      Not to mention the forced prison labor market. Felons get to learn "valuable skills" (for third world countries) and make products to sell at full value while getting paid a pittance. Refuse to work? No problem, 3 months in solitary will cure that, or you'll just go nuts. Really, the prison system is just slavery by another name.

    61. Re: America, land of the free... by 93+Escort+Wagon · · Score: 3, Insightful

      The fundamental problem is - sysadmins have more or less unfettered access to a companies' systems, and there's no good way for non-technical people to tell if a sysadmin is misusing his position. If you're the one running a company's mail server, you can conceivably intercept all sorts of sensitive information. It's the same if you're the one responsible for keeping company desktops operational.

      --
      #DeleteChrome
    62. Re:America, land of the free... by dryeo · · Score: 1

      What would the employer be sued for? Most countries don't allow frivolous lawsuits and damages have to be real. In the thief case he would probably be ordered to make restitution as part of sentencing after conviction.

      --
      https://en.wikipedia.org/wiki/Inverted_totalitarianism
    63. Re:America, land of the free... by Ichijo · · Score: 1

      The problem with that is that someone has to later decide that a prisoner is ready to leave, and could decide for reasons unrelated to the prisoner's rehabilitation whether or not to release them.

      A prisoner probably wouldn't be kept in prison longer than necessary for rehabilitation if the prison were contracted to rehabilitate the prisoner for a one-time payment.

      And a prisoner probably wouldn't be kept in prison shorter than necessary if the prison were fined each time the prisoner recidivates after release.

      The way prisons are paid today, by the number of prisoners, creates the perverse incentive of keeping people locked up as long as possible and not rehabilitating them.

      --
      Any sufficiently unpopular but cohesive argument is indistinguishable from trolling.
    64. Re:America, land of the free... by dryeo · · Score: 1

      Many people do something stupid when young and dumb and then grow up. The idea that getting caught with a joint or 6 dildos means that your going to be forever a criminal is wrong in many cases.

      --
      https://en.wikipedia.org/wiki/Inverted_totalitarianism
    65. Re:America, land of the free... by Sardaukar86 · · Score: 2

      Anything that makes inmates feel like they have a positive connection to greater society is a good thing.

      Exactly. Unless we intend to lock up all prisoners for ever, the vast majority will be released back into society eventually.

      Do we want released inmates re-integrated with society as smoothly as possible, or do we want them back amongst us harbouring a deep resentment due to the way they were treated in prison? It's our choice.

      --
      ..Mullah or Pope, Preacher or Poet, who was it wrote: "Give any one species too much rope and they'll fuck it up"?
    66. Re:America, land of the free... by ILongForDarkness · · Score: 1

      I personally love the concept of "constructive possession". Borrow a car from someone that happens to have a baggy with some residue wedged in one of the seats: your driving so you must have known it was there.

    67. Re:America, land of the free... by ILongForDarkness · · Score: 1

      But intending on using them on some combination of nuns and cheerleaders while a film rolls: that's free speech.

    68. Re:America, land of the free... by Zontar+The+Mindless · · Score: 1

      +1, Flamebait

      --
      Il n'y a pas de Planet B.
    69. Re:America, land of the free... by TWX · · Score: 1

      I don't see either of those working, as there are limits on what one an do to influence the behavior of others.

      The way I see it, prisons should always be run by the state. There should not be any private prisons, nor should outside companies be contracted to operate state-owned facilities. The prison should be operated by state employees so the only 'profit' generated is in the form of workers' salaries. Prison employees would be eligible for bonuses if they manage to reduce costs while maintaining a functioning institution that meets its inspection criteria, but those bonuses in-total would not be more than the reduction in costs.

      Prisons are a necessary evil. They are not something to be particularly profited off of.

      --
      Do not look into laser with remaining eye.
    70. Re:America, land of the free... by Aighearach · · Score: 1

      Not sure why you took mushrooms off that list, most states it is as bad as cocaine.

    71. Re:America, land of the free... by HornWumpus · · Score: 1

      Finnish background check: Were you or were you not sober after 6pm on a saturday the second week of January, 3 years ago? It will go easier on you if you just admit it.

      --
      John McAfee 'It was like that time I hired that Bangkok prostitute; to do my taxes, while I fucked my accountant'
    72. Re:America, land of the free... by Aighearach · · Score: 1

      Voting is still not inalienable.

    73. Re:America, land of the free... by mi · · Score: 1

      Why do you assume he committed a violent crime?

      First, because otherwise he wouldn't have had such problems with hiring managers. We've all seen these questionnaires:

      • Have you ever been convicted of a crime? Yes
      • If yes, please, explain. I was caught with a marijuana joint

      If that's all it was, it would not have been a problem in most companies — there are no laws banning from felons from working on most things. But in a free country, such as ours, you can't force people to hire and/or work with someone they are afraid of either...

      And second, if it were only drug-possession, he would've mentioned it in his question — no, it was something more reprehensible.

      Most felons are guilty of one crime in particular. Drug possession.

      No, that's not quite true. Though "drug abuse violations" are, indeed, at the top of the list of felonies in the US, these include things far more sinister, than mere possession...

      --
      In Soviet Washington the swamp drains you.
    74. Re:America, land of the free... by fahrbot-bot · · Score: 1

      It is possible that he has felony convictions that have subsequently been reduced to misdemeanor charges due to good behavior, but normally in those circumstances the applicant doesn't have to disclose them, as on-record they're now misdemeanors retroactively, not felonies.

      Although, for a U.S. Security Clearance one must disclose both the charges and final convictions on the application regardless of what the local records say (or now say, for things that age off the record) - the FBI keeps detailed records for, apparently, forever.

      --
      It must have been something you assimilated. . . .
    75. Re:America, land of the free... by Kohath · · Score: 1

      In the US, the employer would be sued because defending against lawsuits is expensive. So you sue anyone with money. Then you make a deal to drop the lawsuit in exchange for some money -- more than the $0 you deserve, but less than it costs the employer to have his lawyers fight you in court.

      You don't need to have a winning case.

      In the US, the employer probably has liability insurance that will pay most of the money. I would guess the liability insurance company probably requires the employer not to hire felons -- or charges a much higher premium to employers who hire felons.

    76. Re:America, land of the free... by fahrbot-bot · · Score: 1

      I cannot imagine an IT shop failing to check the background of a system administrator who will be working with banking systems

      Yes, it's much better for the criminals in banks - or Wall Street banks anyway - to be the executives. Wait, did you mean *convicted* criminals? Never mind.

      --
      It must have been something you assimilated. . . .
    77. Re:America, land of the free... by Anonymous Coward · · Score: 1

      The NSA employs felons exclusively. They are all traitors and all deserve to be in prison for the rest of their lives.

    78. Re:America, land of the free... by Kohath · · Score: 1

      Do you really mean "cannot be sued"? Or are you saying you think the people suing would lose in court?

    79. Re:America, land of the free... by Ichijo · · Score: 2

      there are limits on what one [can] do to influence the behavior of others.

      Such as letting them go free as soon as they've rehabilitated and not a day sooner? I think that alone gets the job half done.

      That reminds me of a joke. How many psychologists does it take to change a light bulb? Only one, but the light bulb has to want to change.

      --
      Any sufficiently unpopular but cohesive argument is indistinguishable from trolling.
    80. Re:America, land of the free... by sumdumass · · Score: 4, Interesting

      In Ohio, criminal records can be expunged except for first and second degree felonies or crimes considered violent- after they are settled and punishment and fines have been paid. There is a process that is sort of like asking for parole but ends up in court with a judge making the final decision.

      He said he couldn't get the felonies expunged because he is in Ohio. This means it was either violent, or a serious enough felony that it was a first or second degree felony as defined by the state. I concur, it was not a crime he woke up one day not realizing he was committing or thought was a minor misdemeanor and got roped into a felony.

    81. Re:America, land of the free... by Rich0 · · Score: 1

      "until they're rehabilitated" really means "indefinite", which means "forever" ... which is blatantly and deliberately unconstitutional.

      In spite of all the bullshit from the right and left, the purpose of prisons is to protect the people from criminals. The rest is technique, not purpose.

      So if the goal is truly to protect people, why would you ever release somebody who wasn't rehabilitated?

      Prison is about revenge and looking like we're being tough on crime and doing something when somebody gets hurt. Nobody seems to care if it accomplishes anything positive at all.

      If it were up to me the whole system would be completely overhauled. People who are dangerous would be locked up or monitored and treated until they were no longer dangerous. That would include vocational training/etc, and it would be available to anybody regardless of whether they had been charged with a crime, though participation would not be voluntary for criminals. Nobody would be allowed to know the criminal past of anybody or use it as a condition of employment - if they're not safe enough to be elementary school teachers, then they're on monitoring or in prison. The goal would be re-integration into the rest of society.

    82. Re:America, land of the free... by Rich0 · · Score: 1

      I guess you support "consequence-free" life. Seven DUIs? No problem, go out and get your license back. Heck, why not apply for a job as a bus driver! Meth lab owner? No problem, go out and get a job at the local pharmacy!

      Do you approach EVERY aspect of life with so little thought or just this one?

      He didn't say that criminals shouldn't be rehabilitated. He didn't say that crime should be without consequence. He just said that consequences shouldn't be permanent.

      If somebody has a DUI at the age of 16, should that preclude them from being a bus driver at the age of 50?

      Next thing you know you'll be suggesting eternal torture as a punishment for moral offenses.

    83. Re: America, land of the free... by Anonymous Coward · · Score: 1

      I work IT for a small national fiberglass distributor. I don't have a record, but they don't do checks. The problem is that a smaller company like the one I work for is that they are small and don't want to pay very good.

    84. Re:America, land of the free... by LiENUS · · Score: 1

      Slaves were typically prisoners of war, ie members of one tribe that were captured by another tribe they were at war with. A lot of the "forced prison labor market" are prisoners of the war on drugs

    85. Re:America, land of the free... by LiENUS · · Score: 2

      People who equate the right to vote with firearms ownership shouldn't be allowed to vote.

      The us constitution places greater importance on one of these and not the other, guess which (hint: voting is less important)

    86. Re: America, land of the free... by jsh1972 · · Score: 2

      Actually, mushrooms are a Felony as well.

    87. Re:America, land of the free... by DNS-and-BIND · · Score: 1

      BZZT wrong. A felony on one's record will result in the EU denying a visa. Of course, we know that visas are ridiculous and a relic of another age...but try entering the EU while swimming across the Atlantic Ocean...it's not nearly the same as the shallow, waist-deep Rio Grande.

      --
      Shutting down free speech with violence isn't fighting fascism. It IS fascism!
    88. Re:America, land of the free... by rmandevi · · Score: 1

      My last two companies (a credit card processor and a medical R&D facility) both did criminal background checks and credit checks. Besides the basic recidivism issue, they also want to make sure that you don't have anybody trying to _get you_ to commit a crime. If, either of those companies see too much outstanding debt or a known gambling problem, they might worry that you are dealing with a loan shark, thus organized crime, thus there's a risk of your being coerced to steal some juicy paydata (credit card numbers for the former, new product plans for the latter). If, on the other hand, it's a marijuana charge, there are some areas where they can't hire enough techies if they screen people like you out.

      Do whatever you can to convince your future employer that you have no reason to steal from them. If you got grand theft auto for a college joyride, let them know--don't make them guess that you're in organized crime working for a chop shop. If you did get involved with the Mob or something, you're probably out of luck. IT requires that employees have access to juicy data, so it's more uptight than most about things like this.

      --
      People who live in glass houses shouldn't walk and text.
    89. Re:America, land of the free... by sudon't · · Score: 1

      Right, many companies rely on applicants assuming they'll spend the money for a background check, when in fact, many don't. My advice is to lie if you think they'll look askance at your record. Either they check, and you don't get the job, or they don't check, and you do get the job. If you're honest about it up front, it's likely the same outcome as "they check." As I say, this can depend on what type of company you're going to apply to - are they a buttoned-down corporate type of place, or rather hip? Is security a big concern for the employer? What are your convictions about? Drug convictions will be less of a problem than theft or violence convictions.

      I once had to take a pre-employment "lie-detector" test, and was asked about drugs. When I answered that I had used them, he asked which ones. Since he wouldn't take "pretty much all of them" for an answer, I had to sit and list every drug I'd ever tried. It was a very long list. I got the job, and my test results got big laughs with my new bosses and colleagues. They were, (rightly), concerned about theft, not how I spent my free time. So, if it's only a bunch of drug-related misdemeanors, (or felonies), take heart!

      I now have a job where a very dim view is taken of this sort of thing, and I never say a word about it, even though I have some arrests and minor convictions. It's not come back to bite me.

      --
      -- sudon't

      Air-ride Equipped

    90. Re:America, land of the free... by vidarlo · · Score: 1

      It's because the working class organizations (consumer organisations, trade unions) are so strong in most parts of the EU and especially Norway, they have gained a lot of rights and limitations to the powers of capital.

      Indeed. We have fought for our rights, and we've won them over time. And we've made a soceity where fear is not a driving power.

      Just looking at things like the recent uprise in USA about police shootings is shocking in most of Europe. Here, police does normally not shoot people. In Norway, it's literaly years between when the police shoots and kills someone. In most of Europe it's major news when it happens. In a country like Germany, with 80 million people, it happens 3-4 times a year.

      I would claim that Europe is freer than America. Granted, we can't carry guns where we want, but the risk of crime is lower, and the living standard is on average higher.

    91. Re:America, land of the free... by AK+Marc · · Score: 4, Insightful

      Yes, and back when speeding tickets in Texas were misdemeanors (changed in the early 2000s to the points "infraction" system used most other places), I got a conviction (overturned on appeal). I'm even on one of the blackmail criminal background sites.

      But, answering truthfully on a FedEx application (have you ever been convicted of a crime, including any misdemeanors?) got me eliminated from contention for a job there. Apparently they only want lying criminals.

      So yes, even a speeding ticket (going 35 mph in a 55 mph zone was the speed) can get you eliminated from consideration for jobs. The more applicants per position, the more it applies. When they can look at 1000 applications for one position, they'll eliminate all the people with a conviction of any kind and still be left with hundreds of people for the position. The chance of eliminating the only qualified person in that first step is near-zero, and if they don't find anyone in the remaining hundreds, they can always go back to the criminal pile. But in practice they never do.

    92. Re:America, land of the free... by AK+Marc · · Score: 1

      Funny. I can still find my name on the rolls in Texas as a convicted criminal. A speeding conviction, overturned on appeal (back when all traffic violations were misdemeanors, not infractions). So my record, according to the state of Texas is "clean", but at least one of the criminal background blackmail sites has me listed as a criminal in Texas (blackmail because they "inform" you and offer to get it removed, for a fee, the fee being larger than the fine I didn't have to pay after I won in court).

    93. Re:America, land of the free... by AK+Marc · · Score: 1

      Those felons are taxpayers, aren't they?

      When nobody will hire them, Are they is a valid question.

    94. Re:America, land of the free... by Hognoxious · · Score: 1

      If, on the other hand, it's a marijuana charge, there are some areas where they can't hire enough techies if they screen people like you out.

      Would one of those be where RedHat's based?

      --
      Confucius say, "Find worm in apple - bad. Find half a worm - worse."
    95. Re:America, land of the free... by AK+Marc · · Score: 1

      perhaps our laws incarcerating so many people need to be reconsidered.

      You didn't need the other qualifiers on that statement.

    96. Re:America, land of the free... by AK+Marc · · Score: 1

      Democracy means any government the people vote on. Republic and democracy are synonyms for some definitions of each. A constitutional representative democracy dilutes and weakens the vote, but it's still a democracy. It is not a "pure" democracy.

      And voting is a right. And a responsibility.

    97. Re:America, land of the free... by dryeo · · Score: 1

      Most countries have a loser pays setup to avoid these types of frivolous lawsuits. Using lawsuits like you describe just leads to more injustice.

      --
      https://en.wikipedia.org/wiki/Inverted_totalitarianism
    98. Re:America, land of the free... by AK+Marc · · Score: 1

      If you have past felony convictions for, say grand larceny or other similar crimes, and are hired, and then go on to commit a crime against a customer while working, it's very easy for that company to get sued for millions.

      I have a misdemeanor conviction. I was charged with speeding (a misdemeanor in Texas at the time, not sure if they ever changed it). I was denied employment for answering truthfully to that question.

      In Texas, the standard forms say "have you ever been convicted of a crime (other than a minor traffic offense)?" Or wording to that effect. But elsewhere, where the tickets are infractions, not crimes, they ask "have you ever been convicted of a crime?" To which the answer is "yes".

      And that's enough to get large companies to not even consider you.

    99. Re:America, land of the free... by Kohath · · Score: 1

      I know. In the US, the courts serve the financial interests of lawyers as much as (or more than) they serve justice.

    100. Re:America, land of the free... by AK+Marc · · Score: 1

      Yeah, one felon I know was ruffied at a party. The "joke" was that the drinks (alcoholic), were spiked. People who have never drunk much wouldn't tell the difference between 10% vodka and 90% O.J. and 50/50. So make all the drinks extra strong. Oops, one of the people who counted his drinks and thought he was safe killed a family on the way home.

      So, now not only does he have to live with that mistake the rest of his life, but he'll never be able to get a job, being a convicted felon.

      The system is set up for maximum punishment, with no sympathy or empathy allowed. Anyone in office who tries to make the system work better is accused of protecting child molesters or other such extremes.

    101. Re:America, land of the free... by AK+Marc · · Score: 1

      Recidivism is low in those convicted who don't serve time. And high in those who serve time. Recidivism is desired to help demonize the convicted.

    102. Re:America, land of the free... by davydagger · · Score: 1

      comitted

      given our justice system, who knows what he actually comitted, and if they just needed warm bodies to fill the jails that day, or whatever incompietant brutes they hired for the police forced decided someone needed to be convicted of the crime to keep the numbers making them look effective.

    103. Re:America, land of the free... by Rhywden · · Score: 1

      Well, I find it hard to sympathize - when you have drunk any amount of alcohol, you shouldn't be behind the wheels for any reason. Precisely because of crap like this. Additionally, counting the drinks is moronic - depending on what you ate and your current bodily constitution, your tolerance for alcohol may vary wildly.

      Not to mention that alcohol impairs your judgment - it's like a drug-induced version of the Dunning-Kruger-Effect. You yourself may think that you have no problems driving with, say, a BAC of 0.04 - but how would you realistically know? Your judgment is already impaired...

    104. Re:America, land of the free... by Technician · · Score: 1

      Remember this,

      Would you like to be in group A with no pot conviction, or one of the leftovers in group B? It pays to have a clean record.

      --
      The truth shall set you free!
    105. Re:America, land of the free... by davydagger · · Score: 2
      No one is blaming IT.

      We are blaming backwards ass fucking laws, that stay on the books due to conspiracy minded dofuses who still think some variant of the satanic minded deviants running around are the reason for society's "decline".

    106. Re:America, land of the free... by rtb61 · · Score: 1

      There is no easy and there is no hard, there is only the competition for the position. So are criminal misdemeanour's a block, only if, all things being equal, the person you compete against is as good and does not have a criminal history. Keep in mind when an employer rejects you, they are not working at constructively rejecting you so that you can improve your next job application, they are looking to safely (for themselves) and politely rejecting you for the simplest reasons possible. Criminal record is basically an easy out for rejection, the employer is still saying you are an acceptable person but company policy prevents them from accepting you, so a safe out for rejection.

      Of course without stating the exact nature of the naughtiness and, the age at which it occurred, any judgement about employability or lack there of, remains pie in the sky. Basically it is all down to pluses or minuses, how much better is your skill set and recent employment history than you past criminal history and how does that compare to other people applying for the same position.

      Proving skills is pretty easy in IT, do free stuff for FOSS (free open source software) because if you efforts are good enough you can quite readily gain public recognition by the people you most want to impress. So demonstrate skill by picking the most appropriate FOSS project and then start doing the hard grind to demonstrate your skills, not only will you practise you skills amongst peers who will help and instruct you but you will get to know the right people who will help you get a job or even employ you.

      --
      Chaos - everything, everywhere, everywhen
    107. Re:America, land of the free... by seoras · · Score: 1

      You are better off screening out people that use MSIE to fill out their application, since that is actually correlated with poor job performance.

      Wonderful! You made my day by taking us back to the good ol' days of MS bashing here on Slashdot! Thank you sir!

    108. Re:America, land of the free... by DigiShaman · · Score: 1

      In that particular instance, great group of friends he had (not). Anytime I'm out drinking, it's to have a good time. I don't drink to "escape" (losing complete judgement). Regardless of how much anyone drinks, there should be a cooling off period prior to wrapping up the night and driving home. For me, about 1.5 to 2 hours.

      --
      Life is not for the lazy.
    109. Re:America, land of the free... by Kabukiwookie · · Score: 5, Informative

      No, he was, by all appearances, genuinely guilty of at least one violent crime

      This is rubbish. Usually it's laziness on the part of HR.

      You have two candidates; one has a felony conviction, the other does not. Do you really think that the HR person is going to invest hist/her time to find out whether person with the felony was only arrested for eating a hash brownie or robbing a liquor store?

      --
      The mountains of madness have many little plateaus of sanity - Terry Pratchett.
    110. Re:America, land of the free... by funwithBSD · · Score: 1

      This is not a democracy, nor has it been.

      It is a Republic.

      --
      Never answer an anonymous letter. - Yogi Berra
    111. Re:America, land of the free... by mi · · Score: 1

      Your assumptions betray preexisting biases

      No, you dimwit, it does not. Had it been something silly and non-threatening, the guy wouldn't have had a problem finding a job to begin with. There is no law barring employment for felons — on the contrary, the state goes out of its way to encourage employers to hire them, to reduce recidivism.

      If the individual employers have all turned him down and his only hope is to have his record expunged, then it must have been something genuinely scary.

      Are our pre-existing biases of felons

      They probably are. To be born and raised in the USA — the country, to which millions of people dream of migrating (legally and otherwise) — and waste your youthful years on crime? Something must be seriously wrong with you and I don't blame people, who, given a choice (this is a land of the free, remember?) refuse to associate with you...

      Well that and the dude is probably asking for legit advice.

      Yes, his questions are legitimate. And so are the answers...

      --
      In Soviet Washington the swamp drains you.
    112. Re:America, land of the free... by BarbaraHudson · · Score: 1

      In all fairness, marijuana is _the_ gateway drug...a class 4 felony really isn't strict enough!

      Actually, tobacco is the gateway drug - but so many politicians are addicts, both to tobacco, and to lobby tax dollars, that it won't be banned.

      --
      "Transparent" is a shit show that trades on every stereotype going. A man in drag is NOT a transsexual.
    113. Re:America, land of the free... by sumdumass · · Score: 3, Informative

      You cannot be charged with trespassing or any extent of it if someone who has charge of the property invites you on to it. You will have to show the person entered the premises by force, stealth, or deception which negates going to a friends house and getting busted by their parents for raiding the liquor cabinet.

      Also, you will not be able to show any cases in which that has actually happened and a kid or anyone has been charged with a felony, convicted and now suffers from it when he was invited onto the property. If you broke into someone's house, then I would definitely say felony applies.

      I'm not saying the OP is an angel, but there's no need to assume violence.

      I never said violence has to be present. I said violence for lesser crimes than a first and second degree felony. Theft over a certain amount is a felony of the second degree and over a larger amount is a first degree felony offense. Stealing a gun from a federally licensed firearms dealer. it is a first degree felony. As you pointed out, burglary which doesn't have to involve violence is a second degree felony. So there are things that are not violent that can make a person non eligible to have a record expunged that do not involve the convolution of laws and situations in order to make them fit.

    114. Re:America, land of the free... by naturalog · · Score: 1

      Since you seem to have stumbled in from the YouTube comment section, I'll do you a solid. This is /., we try to maintain at least a veneer of civility around here. Don't sully the good name of Anonymous Coward.

    115. Re:America, land of the free... by kesuki · · Score: 1

      there has been a movement in many states to fix the problem that in 1972 was caused by the supreme court. prior to then felons only lost the right to vote if they had participated in rebellion, or similar felonies.

      "Unlike most laws that burden the right of citizens to vote based on some form of social status, felony disenfranchisement laws have been held to be constitutional. In Richardson v. Ramirez (1974), the United States Supreme Court upheld the constitutionality of felon disenfranchisement statutes, finding that the practice did not deny equal protection to disenfranchised voters. The Court looked to Section 2 of the Fourteenth Amendment to the United States Constitution, which proclaims that States which deny the vote to male citizens, except on the basis of "participation of rebellion, or other crime", will suffer a reduction in representation. Based on this language, the Court found that this amounted to an "affirmative sanction" of the practice of felon disenfranchisement, and the 14th Amendment could not prohibit in one section that which is expressly authorized in another.

      But, critics of the practice argue that Section 2 of the 14th Amendment allows, but does not represent an endorsement of, felony disenfranchisement statutes as constitutional in light of the equal protection clause and is limited only to the issue of reduced representation. The Court ruled in Hunter v. Underwood 471 U.S. 222, 232 (1985) that a state's crime disenfranchisement provision will violate Equal Protection if it can be demonstrated that the provision, as enacted, had "both [an] impermissible racial motivation and racially discriminatory impact." (The law in question also disenfranchised people convicted of vagrancy, adultery, and any misdemeanor "involving moral turpitude"; the test case involved two individuals who faced disenfranchisement for presenting invalid checks, which the state authorities had found to be morally turpit behavior.) A felony disenfranchisement law, which on its face is indiscriminate in nature, cannot be invalidated by the Supreme Court unless its enforcement is proven to racially discriminate and to have been enacted with racially discriminatory animus.[citation needed]"

    116. Re:America, land of the free... by cascadingstylesheet · · Score: 1

      ...and home of the lifetime sentence for nearly every crime. Best of luck to you.

      If it's legit to ask about your past work experience, then it should also be legit to ask about your past episodes of harming or stealing from people.

      It's relevant. Unless you are applying for the job of "chain gang member", every job involves some degree of trust and responsibility, and some degree of opportunity to harm or steal from others.

    117. Re:America, land of the free... by KermodeBear · · Score: 1

      The worst part about felonies is that apparently, the average American can be convicted of Three Felonies a Day. If someone doesn't like you and has a little influence, it would be very easy to ruin your life. Forever. Felonies are no joke. Not only is there a loss of voting rights, but as the submitter has noted, getting hired is impossible. You're also not allowed to own a firearm - even if your felonies wee completely non-violent or were a long time ago. Renting an apartment or a house can be impossible. You can't hold many professional licenses. You cannot even get a license to cut hair if you're a felon.

      A felony is in general (but not always) a serious crime. There should be some kind of punishment. But once that punishment is dealt... how do you move on with your life? Is it any wonder that we have so many repeat offenders that get out of jail, spend a few weeks outside, and bounce right back in again? It's hard to find a way to make an honest living, find a place to live, etc.

      These people are doomed by a scarlet letter. It is one of our modern society's greatest crimes.

      --
      Love sees no species.
    118. Re: America, land of the free... by binarylarry · · Score: 2

      Damn Koopa and his GOP connections.

      --
      Mod me down, my New Earth Global Warmingist friends!
    119. Re:America, land of the free... by drinkypoo · · Score: 1

      My last two companies (a credit card processor and a medical R&D facility) both did criminal background checks and credit checks. Besides the basic recidivism issue, they also want to make sure that you don't have anybody trying to _get you_ to commit a crime.

      The credit card processor is probably required by law to perform a federal background check on at least some classes of employee. My last regular job was with a casino, and you can believe that took a background check. I always ace stuff like that though, because I've stayed out of serious trouble and generally away from people who are prone to it. I got my passport in less than two weeks during the period when the applications were taking an average of six weeks to process. Either the government is very comfortable with what it knows of my lifestyle, which is apparently quite a bit since they don't have to go looking for very long to decide what they think of me, or they just really want me to leave.

      --
      "You're right," Fisheye says. "I should have set it on 'whip' or 'chop.'"
    120. Re:America, land of the free... by ockegheim · · Score: 1

      Think about the fallout if Deutsche Bank hired a database administrator with prior convictions for banking fraud, only to see that employee steal 100 million from the bank.

      The Global Financial Crisis showed that banks and financial service companies are full of crooks clever enough not to get caught. So having prior convictions would be a red flag for them.

      --
      I’m old enough to remember 16K of memory being described as “whopping”
    121. Re:America, land of the free... by Raisey-raison · · Score: 1

      My experience is that most companies do NOT check. I have worked for half a dozen tech companies, over several decades, and have been involved in hiring over a hundred people. Except for a couple cases that involved security clearances, we never did a criminal background check. Why should we? Studies have shown that people with criminal backgrounds tend to do no worse on the job. You are better off screening out people that use MSIE to fill out their application, since that is actually correlated with poor job performance.

      From the economist article: "For instance, firms routinely cull job candidates with a criminal record. Yet the data suggest that for certain jobs there is no correlation with work performance."

      That implies that for some or most jobs, having a criminal record does correlate with doing a worse job. I feel really sorry for the original poster. I hope he/she can find a good job. However as someone who has had to hire people I can attest to the fact that even relatively minor criminal offenses seem to indicate irresponsibility. I can't say I have a big enough statistical sample. However recently I hired someone who had previously committed a DUI. That was their only criminal offense.

      It became quickly apparent that they should never have been hired. I had to deal with someone who regularly took time out of work to carry out personal errands. I had to stop them from going home in the middle of the day to pick something up - and they had no expectation of making up the time. I asked them to carry out a task in a specific way, aware of the pitfalls of the alternatives. They were obstinate and as a consequence wasted a lot of my time. They were a little dishonest about the time they put in at work. On their first day they forgot to bring necessary items to work.

      I had a similar experience with someone else. IMHO the issue with breaking the law is not so much the act itself. Rather, it is indicative of someone who does not think about the consequences of their actions, does not responsibly think through whether something is a good idea and not just act on an impulse, does not think about how an action will effect other people, and lacks a sense of what is appropriate social behavior. It also often indicates a lack of respect for other people's property. Finally they often lack the inability to coherently think about a problem and then formulate a plan that addresses it considering possible things that might go wrong. This is also why credit scores are so useful - they often communicate in might finer detail the degree to which someone grapples with these issues.

      The last point is quite salient. Quite often if the criminal would have considered how their action addressed their problem, they would have realized that the long term consequences of the action don't justify the action as a solution to their problem. For example: stealing from a store may get you the iPad but it isn't worth going to jail over. And indeed those who have occasionally broken the law and gotten away with it due to precise and intricate planning may not have that problem. (Not that I am in any way condoning such behavior.)

      At this point, if I was hiring someone with a drug abuse history, I would be somewhat forgiving about their being an addict. But I would want to know why they took their first puff or drink or injection. They weren't addicted at that time. There is no 'right answer' to that question but I think it might allow me to see what sort of person I am dealing with. If they say 'I don't know', then clearly I cannot hire them - they lack insight and probably cannot think about their actions and their repercussions. If they say that they were pressured into it by a group of their peers who called them a pussy for not taking a smoke at a party - well I would be a lot more understanding.

    122. Re: America, land of the free... by HappyDrgn · · Score: 2

      You've never seen a background check report have you? It lists state and county, date of conviction, the severity of the crime, what crime was committed and penal code section. It's a bit more detailed than just showing a yes/no for convictions, no one has to investigate what happened as it's pretty plainly detailed in the background check.

    123. Re:America, land of the free... by N1AK · · Score: 1

      Yes, it's pretty high precisely because of all the people like yourself with such an attitude.

      Anyone with high school level reading skills would be able to understand that his post was about how things are, not how he thinks they should be. He even suggested that more 'enlightened' countries might be more forgiving. Unfortunately you, and the people who modded you +4, failed to understand his point before railing against it (at least that's /. SO I suppose).

    124. Re:America, land of the free... by Splab · · Score: 1

      Easy on the clackson there soldier.

      He said in the EU, if you are applying for a visa from outside, you are obviously not, within the EU. Granted, he is still sorta wrong, if you have a conviction, it will generally expire on your rep sheet, unless you are applying for anything that requires working with children, security or any such like positions.

    125. Re:America, land of the free... by Mr.CRC · · Score: 1

      Your confusing goal with marketing strategy.

      The goal is to generally expand the state, employ prison guard union members and other minions of the criminal justice system, advance the careers of police and prosecutors, and pimp a quasi-slave labor force.

      The populace never disapproves because they love to see people get sent away, as long as it isn't them. That's the marketing strategy, though if the people thought about it in economic terms they'd be pissed.

    126. Re:America, land of the free... by Mr.CRC · · Score: 1

      Welcome to the 0.0001%. The ones who try to think of new ideas. We'll be considered ahead of our time. In about 1000 years.

      Notice how the refutation always takes this predictable form: "no, things must be the way they've always been (because that's all I've ever known)."

    127. Re:America, land of the free... by Mr.CRC · · Score: 1

      Is there a scientific basis that punishment is more rehabilitative per unit of economic value expended than other approaches?

    128. Re:America, land of the free... by Xest · · Score: 1

      You're exactly right. I work in finance as a software developer in the UK and had to undergo a criminal records check, a credit reference check, and 10 years worth of employment references checked.

      None of it was an issue though as I'd already had all this a few years before when I was given security clearance to work on a number of defence projects at a previous employer, but that's another example of an industry you don't just go into without some serious checks on your history.

      Finance and defence are two major industry sectors which will do these sort of checks pretty much routinely on new employees.

    129. Re:America, land of the free... by turbidostato · · Score: 2

      "he was, by all appearances, genuinely guilty of at least one violent crime"

      OK. So he was genuinely guilty of at least one violent crime, so what? He already paid what our society deemed a proper penalty and now is in the clear. Or he should be, shouldn't he?

    130. Re:America, land of the free... by turbidostato · · Score: 1

      "in a free country, such as ours, you can't force people to hire and/or work with someone they are afraid of either..."

      Unless, of course, you are afraid of him because you consider him to be a religious nut or you find his skin's colour to be funny.

      Why then, not using those same standards for the case of a man that already paid his debt to society for his past crimes?

    131. Re:America, land of the free... by Wootery · · Score: 1

      If it were, all prison sentences would be the same: stay in there until you've been rehabilitated.

      So those best able to convince a psychologist, will be released earliest. And someone unable to convince a psychologist that they'll never smoke the wrong leaves again, will remain locked-up indefinitely. Great idea.

      No, prison should be both rehabilitative, and punitive. I agree that the emphasis should generally be on the former.

    132. Re:America, land of the free... by ozbon · · Score: 1

      I think that's quite an assumption to be making - and particularly on a public forum where the username could then connect to the R word/allegation and cause further issues. For all we know, the username could be for "Les Rahpem" as a name, or anything else...

      --
      I say we take off and nuke it from orbit. It's the only way to be sure...
    133. Re:America, land of the free... by coofercat · · Score: 1

      My last two UK jobs have required a "CRB" check to be performed (CRB = Criminal Records Bureau) - I believe these are now called DBS checks. One of those employers was American, and had a non-existent HR presence in the UK, so I assumed it was "just do whatever we do in the US" that meant the check was required. My current job is for a UK company, but they're heavily regulated around the world, so I assume that's the reason. Before that, I don't remember any such checks (even for a security cleared role, although I guess the security check implicitly did something similar).

      So here in the UK, you might need to be checked if you want to work for regulated industries (banking, gambling, trading, etc). Otherwise, probably not. Even in these regulated places, there's a reasonable chance you wouldn't be checked if you were a consultant - as a contractor you might get checked though, depending on what work you were doing and how diligent the company was, I guess. You absolutely wouldn't be checked as a supplier though, so make a product and be self-employed (easier said than done, I guess though).

    134. Re: America, land of the free... by ReadParse · · Score: 1

      While that's a good point, it would surprise me if that much thought goes into it. I assume it's simply a matter of zero-tolerance HR policies for all employees. That's the easiest and least risky thing for them to do, whether it's the right thing to do or not.

      I'm an IT manager. The right thing to do is to treat every hire individually, and to examine the circumstances of every case. Not everybody's career prospects should be ruined forever, based on youthful mistakes (I made a youthful mistake or two myself).

    135. Re:America, land of the free... by zwarte+piet · · Score: 1

      Or start your own company

    136. Re:America, land of the free... by Slashdot+Parent · · Score: 1

      I cannot imagine an IT shop failing to check the background of a system administrator who will be working with banking systems, for example.

      I guess it depends. After a lot of years of consulting, I've never been asked for a criminal background check. (If it matters, I don't have anything that would cause me to fail a criminal background check.) I guess since it's a corp-to-corp situation, HR never gets a crack at me! And I've had a lot of access to a lot of sensitive systems.

      Unfortunately, this probably won't work too well for OP because if he's been out of IT for a long time, he's not likely to be able to market himself successfully as a consultant. But I'm just sayin', if he can get his foot in the door somewhere and build up his experience, he could be doing pretty well for himself down the road. It's going to take some serious commitment, though.

      --
      They don't grade fathers, but if your daughter's a stripper, you fucked up. --Chris Rock
    137. Re:America, land of the free... by Slashdot+Parent · · Score: 1

      Right, many companies rely on applicants assuming they'll spend the money for a background check, when in fact, many don't.

      Why not? Criminal background checks are cheap. Better to spend the $50 now and avoid a lawsuit later.

      My advice is to lie if you think they'll look askance at your record. Either they check, and you don't get the job, or they don't check, and you do get the job.

      This may be true, but if it later comes out that you blatantly lied during the application process, even over a small matter that they might have decided not to worry about, most companies will terminate your employment immediately.

      --
      They don't grade fathers, but if your daughter's a stripper, you fucked up. --Chris Rock
    138. Re: America, land of the free... by zarthrag · · Score: 1

      In states like Oklahoma, we often create laws that are meant to make a single crime multiply, in order to maximize our "tough on crime" image. A police-friend was telling me one of their favorites is the "Computer Crimes Act", which makes the use of a "computer" (which, by their interpretation, includes a cellphone) during a crime, a separately punishable act.

      So it applies to texting-while-driving and phone pranks, all of the way up to bank-robbery. Technically, according to paragraph 8, if you find this post *annoying*, I've just committed a misdemeanor!

      Go USA!

      --
      Why can't all fpga/microcontroller manufacturers just release free optimizing compilers???
    139. Re:America, land of the free... by bobaferret · · Score: 1

      In Florida 23.32% of African Americans were disenfranchised I think it's safe enough to assume that they are a block unto themselves.

    140. Re:America, land of the free... by Lumpy · · Score: 1

      "criminal background checks are required for most IT jobs"

      No they are not, Maybe for big companies, but most small companies don't even follow up on references. Hell most IT jobs don't even require competence.

      --
      Do not look at laser with remaining good eye.
    141. Re:America, land of the free... by Lumpy · · Score: 1

      If you are applying to a place that has an HR person, you already lost. HR people have zero clue about IT and what is needed to be a good hire for IT.

      Apply to places that the IT manager does the hiring so it's somewhat competent. Yes this eliminates major corporations, and that is a good thing.

      --
      Do not look at laser with remaining good eye.
    142. Re:America, land of the free... by BarbaraHudson · · Score: 1

      You missed the "IF". This is part of the problem when an "ask slashdot" doesn't give enough context. And it's a persistent problem - almost every "ask slashdot" suffers from it. In some cases the submitter will offer clarifications in the comments, but when they don't do so on matters of import ...

      --
      "Transparent" is a shit show that trades on every stereotype going. A man in drag is NOT a transsexual.
    143. Re:America, land of the free... by bickerdyke · · Score: 1

      There is no easy and there is no hard, there is only the competition for the position.

      He usually will be competing not agains a person, but against the possible employer company whining that they need more H1-B Visas because they can't fill the position with domestic employees.

      Proving skills is pretty easy in IT, do free stuff for FOSS (free open source software) because if you efforts are good enough you can quite readily gain public recognition by the people you most want to impress. So demonstrate skill by picking the most appropriate FOSS project and then start doing the hard grind to demonstrate your skills, not only will you practise you skills amongst peers who will help and instruct you but you will get to know the right people who will help you get a job or even employ you.

      Uhm yes. Hans Reiser showed that first you do FOSS development, and THEN commit a felony... OK, bad jokes aside, his problem will be to find time between the three burger flipping jobs he has to to, to actually do something meaningful for any FOSS project.

      --
      bickerdyke
    144. Re:America, land of the free... by Jhon · · Score: 1

      "Democracy means any government the people vote on. "

      I'm sorry, but you are incorrect. Democracy is a form of government where those ELIGIBLE can vote. And my point about this (the US) *NOT* being a democracy is accurate. While most offices/posts are filled democratically, not all are -- and each of those posts are for representatives who will decide upon the direction government takes. The people take no direct roll in the direction of government.

      What actually weakens the "vote" are uninformed and irresponsible voters.

    145. Re:America, land of the free... by Jhon · · Score: 2

      "Yeah, a serious threat to their wealthy, racially privileged position at the top of the pyramid."

      While there may have been a few present at the constitutional convention with that rationale, they were very few. Most representatives were much more altruistic than that. The argued reasons were that PASSIONS were a threat to the stability of any government. The sudden swings and moods of the people can destroy a country. Read Federalist 10.

      To get a better understanding of what transpired I would highly recommend A Constitutional Journal (by St. John). It's an excellent laymens account. I prefer the notes of Madison as well as various journal entries and letters from the members, but St John is not only informative, it's entertaining.

      Another serious thread was noted by Franklin: “When the people find that they can vote themselves money that will herald the end of the republic."

       

    146. Re:America, land of the free... by cduffy · · Score: 2

      There is no law barring employment for felons â" on the contrary, the state goes out of its way to encourage employers to hire them, to reduce recidivism.

      ...but they do a rather bad job of it, as a great many of your larger employers have a zero-tolerance policy.

      To be born and raised in the USA â" the country, to which millions of people dream of migrating (legally and otherwise) â" and waste your youthful years on crime?

      The advice the OP is asking for applies to other folks as well. One of my friends has a felony record for running web hosting for a brothel a friend of his owned, and otherwise offering services and support to a business which was to the best of his knowledge strictly offering services between consenting adults... and not turning her in when he changed his mind about being willing to continue to provide that support. That folks who don't follow a libertarian philosophy could see that as a lapse of ethics is certainly granted -- but a lapse that should mean that 4/5ths of employment prospects are permanently off the table? That's harsh.

      That said -- he's working today, for an employer well aware of the entirety of his background (including his meticulous attention to detail and corner cases in software design and development). So, yes -- fewer options, but some do still exist.

    147. Re:America, land of the free... by MachineShedFred · · Score: 1

      They're all Constitutional rights. See: the Ninth Amendment.

      --
      Slashdot still doesnâ(TM)t support Unicode after it was added to the HTML standard in 1997.
    148. Re:America, land of the free... by Tamerlin · · Score: 1

      I would also suggest switching your career to politics, as that career path doesn't seem to care much about criminal history.

      Indeed, one might even conclude that a criminal history is a prerequisite for politics, while in the rest of the world, you're guilty until proven guilty.

    149. Re:America, land of the free... by solosaint · · Score: 2

      "he was, by all appearances, genuinely guilty of at least one violent crime.." Violent crime? really? Dude, do some research, there are MANY felonies that do not involve violence, drug possession, sales, and piracy are two examples...

    150. Re:America, land of the free... by drinkypoo · · Score: 1

      While there may have been a few present at the constitutional convention with that rationale, they were very few. Most representatives were much more altruistic than that.

      You fail the quiz with a 0. Little Jhonny is so bright, but he fails to follow instructions.

      --
      "You're right," Fisheye says. "I should have set it on 'whip' or 'chop.'"
    151. Re:America, land of the free... by Jhon · · Score: 1

      Why be a prat? You asked a truly irrelevant question which I ignored (rather than ridicule). I, however, corrected a factual error of yours and provided you with a suggestion to follow up should you be so inclined.

      BTW, there's a strong argument argument that Nixon actually one the popular vote in the 1960 election against Kennedy -- so your answer should have an "*" by it to include that little factoid.

      And why was your question irreverent? Because the system was designed so that the STATES choose a President (by popular vote), not people directly. When a candidate wins the popular vote (say, like Gore in 2000), all that means is states like California wanted him by a large percentage which over-shadowed the wins of other states.

      That it worked as designed isn't interesting or useful in your argument.

    152. Re:America, land of the free... by drinkypoo · · Score: 1

      That it worked as designed isn't interesting or useful in your argument.

      My argument is that it worked as designed, and the design was not to prevent mob rule, but to prevent the popular vote from ruling. And they only manipulate the system when we don't vote the way our corporate masters want, it has nothing to do with getting carried away.

      --
      "You're right," Fisheye says. "I should have set it on 'whip' or 'chop.'"
    153. Re:America, land of the free... by yacc143 · · Score: 1

      Well, most of the planet considers it the most natural things to let prisoners vote.

    154. Re:America, land of the free... by aminorex · · Score: 1

      Don't be so sure.

      --
      -I like my women like I like my tea: green-
    155. Re:America, land of the free... by aminorex · · Score: 1

      actively supporting unpopular political views or oppressed ethnic groups is a felony in the US.

      --
      -I like my women like I like my tea: green-
    156. Re:America, land of the free... by aminorex · · Score: 1

      Hunger Games are merely a concentrated and purified form of the divide and conquer strategy which is the "two party" system.

      --
      -I like my women like I like my tea: green-
    157. Re:America, land of the free... by aminorex · · Score: 1

      It's not revenge when there is no victim. It is control by fear.

      --
      -I like my women like I like my tea: green-
    158. Re:America, land of the free... by anyGould · · Score: 1

      . I have seen people get rejected for reckless driving and DUI as being able to travel and drive to remote facilities was required, let alone a rash of misdemeanors and a felony off the road.

      This opens up a good point - I'm all in favor of taking criminal history into account, so long as we're talking relevant history.

      Take your example - if I'm hiring you to drive in the company car, then DUI (and worse, reckless driving) are relevant crimes. But if the job was "show up, sit in cubicle, keep servers running", without driving as part of the job? Then what do I care?

    159. Re:America, land of the free... by 228e2 · · Score: 1

      Just glad theres not dildo maximum in my state, or I would still be in my mom's basement.

      --
      Since when does being a Socialist mean 'someone who has a different opinion than me'?
    160. Re: America, land of the free... by joelsplace · · Score: 1

      I agree. And what about those of us that have felony convictions because their second amendment rights were violated? I have a felony "possession of an unregistered weapon" (at home). Now I can't own a firearm. What happened to "shall not be infringed"? I guess basic understanding of the English language isn't a qualification to write or enforce "laws". Requiring registration is an infringement of a right to begin with.

    161. Re:America, land of the free... by AK+Marc · · Score: 1

      Well, I find it hard to sympathize - when you have drunk any amount of alcohol, you shouldn't be behind the wheels for any reason. Precisely because of crap like this. Additionally, counting the drinks is moronic - depending on what you ate and your current bodily constitution, your tolerance for alcohol may vary wildly.

      It's MADD and the others that *want* DUI-deaths (so they can continue their religious crusade) that push for those measures and tactics. The cost of a BAC sensor is under $100 now. But there's no move to push them into cars or keys or have them used in bars before getting your keys back, or including a BAC machine with every keg rental. MADD *wants* dead people, to keep pushing for prohibition.

    162. Re:America, land of the free... by Jhon · · Score: 1

      "My argument is that it worked as designed, and the design was not to prevent mob rule, but to prevent the popular vote from ruling."

      Which is wrong. It was designed so that states like New York or Virginia and THEIR interests did not dominate the union over the interests of the smaller states. The interest was how to govern a varied population (both economically, ethnically and religiously) without creating a tyranny.

      Again, I recommend A Constitutional Journal. Its fairly short and the author does an excellent job presenting the information to the average layman.

    163. Re:America, land of the free... by tibit · · Score: 1

      only to see that employee steal 100 million from the bank

      That'd be less than many a bank's top honchos stole from the customers in the 1st decade of this century, so I'd say game on.

      --
      A successful API design takes a mixture of software design and pedagogy.
    164. Re:America, land of the free... by AK+Marc · · Score: 1

      I'm sorry that you don't understand legal definitions. A "crime" is any crime described as a crime by the penal code. A minor traffic violation is a class-C misdemeanor, as defined in the Penal Code, thus a crime.

    165. Re:America, land of the free... by mi · · Score: 1

      Unless, of course, you are afraid of him because you consider him to be a religious nut or you find his skin's colour to be funny.

      Certain kinds of discrimination (such as on the basis of religion or race) are, indeed, prohibited in the US — making the country less free.

      Why then, not using those same standards for the case of a man that already paid his debt to society for his past crimes?

      So as to not to make the country even less free? Seems like a good enough reason...

      Until you are prepared to argue, people shall not be allowed to discriminate in deciding, who to marry, you can't really put forth a self-consistent argument against any and all discrimination...

      --
      In Soviet Washington the swamp drains you.
    166. Re:America, land of the free... by AK+Marc · · Score: 1

      The people vote on the people representing them. That's democracy. A specific type that's so common it gets its own name, Representative Democracy.

      Is your argument that you don't believe the US is a Representative Democracy? Or that a Representative Democracy isn't a democracy? I can't tell from your words which is your argument.

    167. Re:America, land of the free... by mi · · Score: 1

      actively supporting

      If the "activity" involves rioting — or inciting thereof — it is, indeed, a felony, no matter, which cause the "activists" claim to be "supporting". That's perfectly normal and, indeed, fitting for a reasonably free country.

      Anybody threatening "no peace" should be prosecuted for such incitement and I, for one, would not hire such a thug for the rest of his days — though you are welcome to set up your own hiring policies in your own firm.

      oppressed ethnic groups

      There aren't any in the US. Please, don't hate.

      --
      In Soviet Washington the swamp drains you.
    168. Re:America, land of the free... by mi · · Score: 1

      He already paid what our society deemed a proper penalty and now is in the clear. Or he should be, shouldn't he?

      He should be — and is — clear with the government. (Though even there, should he break the law again, he is likely to be punished more severely.)

      The individual people and private companies are still allowed to dislike him, however, and can not — not in a free country — be forced to associate with him.

      --
      In Soviet Washington the swamp drains you.
    169. Re:America, land of the free... by drinkypoo · · Score: 1

      Which is wrong. It was designed so that states like New York or Virginia and THEIR interests did not dominate the union over the interests of the smaller states

      Yeah, what it actually does is permit the flyover states to leech money from the populated states, and also permit gaming the vote.

      The interest was how to govern a varied population (both economically, ethnically and religiously) without creating a tyranny.

      Oh yeah, they were so against tyranny that they left back doors in the constitution that let them write new laws at will in the future.

      --
      "You're right," Fisheye says. "I should have set it on 'whip' or 'chop.'"
    170. Re:America, land of the free... by nobuddy · · Score: 1

      Not so many as people believe. I think it is 3 that take it away outright. The rest either suspend it until your debt is paid and probation is over, or revoke it for the same period and have a process to regain the right.

      Trivia- this is called the KKK law because it was the KKK that lobbied the states to pass the law in an effort to reduce black voters.

    171. Re:America, land of the free... by rjstanford · · Score: 1

      I'm actually a permanent resident here in the US. It doesn't bug me that much that I don't get to vote for President and other federal offices, but everywhere from there on down just uses that privilege to define their own. It really makes no sense to me that after living ni a city for over a decade I can't have a voice in who's elected to the truly local position of dogcatcher :)

      --
      You're special forces then? That's great! I just love your olympics!
    172. Re:America, land of the free... by JimFive · · Score: 1

      The short answer is because there are no Federal elections. All elections are State elections. So, any voting right is defined at the State level, not the Federal level. This changed after the civil war with the amendments guaranteeing equal protection.
      --
      JimFive

      --
      Please stop using the word theory when you mean hypothesis.
    173. Re:America, land of the free... by jsrjsr · · Score: 1

      This varies among the states. Some states treat it as a permanent bar, unless the offender is pardoned or otherwise forgiven.

    174. Re:America, land of the free... by IsoQuantic · · Score: 1

      Prima facie evidence to the contrary:

      Randal Schwartz (of perl notability).

      --
      -- I fear explanations explanatory of things explained.
    175. Re:America, land of the free... by St.Creed · · Score: 1

      Good question: I am quite certain the people suing would lose in court, but there is also the question of which statute or law they could use to sue the employer. I mean, I can think of several but they'd all lead to quite expensive and embarrassing counterclaims for damage to the reputation of the business.

      But in the final analysis, they could be sued.

      --
      Therefore, by the (faulty) logic you're using, you're just a cow with a keyboard - osu-neko (2604)
    176. Re:America, land of the free... by crypticedge · · Score: 1

      Driving isn't a right, it's a privilege, Voting is something guaranteed by the constitution. Gun ownership states militias (even the federalist papers agree with this), but that's been twisted to mean everyone by SCOTUS in the 80's and 90's

    177. Re:America, land of the free... by crypticedge · · Score: 1

      The constitution would disagree on voting being only a privilege per the 15th amendment, and the blocking of felons is an unconstitutional attempt to get around this.

    178. Re:America, land of the free... by david_thornley · · Score: 1

      A democracy is a government run by the people. A republic is a country without a monarch. The US is a democracy and a republic. The UK is a democracy but not a republic. Nazi Germany was a republic but not a democracy, and, if you consider North Korea's leaders to be the hereditary monarchy they sure look like, North Korea is neither a republic nor a democracy.

      --
      "When you have eliminated the unacceptable, whatever is left, however improbable, must be the truthiness" - Holmes
    179. Re:America, land of the free... by Isca · · Score: 2

      Don't forget that you also get shady prosecutors who intentionally change charges so that they will be a more serious crime, then negotiate little to no jail time as part of the sentence. This makes their numbers look better to voters with the number of convictions and unless you have your own lawyers (Not a court appointed defense attorney) the fact that your misdemeanor just turned into a felony that'll restrict you for the rest of your life.

      In addition to that it's easy to have a felony battery charge that sticks with your for the rest of your life when you are young. All you need to be is drunk and belligerent to an arresting officer just once. I know several guys who matured once they got into their 20's who only survived not going to prison by being white and well off enough to have their own attorney. They turned out to be perfectly normal people that are hard workers and model employees 20 years later. Be poor or a minority in that situation and your life is now shot.

    180. Re:America, land of the free... by david_thornley · · Score: 1

      The US Constitution specifies that the House of Representatives is elected by the people, and guarantees each state a democratic government. That's in the original document, not a Johnny-come-lately amendment.

      --
      "When you have eliminated the unacceptable, whatever is left, however improbable, must be the truthiness" - Holmes
    181. Re: America, land of the free... by EndlessNameless · · Score: 1

      Pretty sure he's going off what was disclosed on the "Have you ever been convicted... ?" section of the job application.

      --

      ---
      According to the latest ruleset, this post should be modded as Vorpal Flamebait +5.
    182. Re:America, land of the free... by Isca · · Score: 1

      errr... When I said "the fact that your misdemeanor just turned into a felony that'll restrict you for the rest of your life" my edits somehow stripped what I was trying to say. I meant to finish that sentence with "This fact never gets mentioned when they are saying "take this deal and you only spend the night in jail instead of 30 days".

    183. Re:America, land of the free... by rjstanford · · Score: 1

      In the US, the employer probably has liability insurance that will pay most of the money. I would guess the liability insurance company probably requires the employer not to hire felons -- or charges a much higher premium to employers who hire felons.

      Liability insurance gets even worse than that. If you believe that your accuser doesn't have a case but the insurance company is willing to settle, then if you go ahead and defend yourself you will have no protection if you lose. If you choose to settle because of this (most do) then your insurer gets to raise your rates because you've had a settlement against you. I know that's the way it is in the medical field and have seen nothing to indicate anything different anywhere else.

      --
      You're special forces then? That's great! I just love your olympics!
    184. Re:America, land of the free... by PIBM · · Score: 1

      Isn't the optimal solution just to kill each and every of the prisoner that comes into your prison ... ?

    185. Re: America, land of the free... by linear+a · · Score: 1

      Hiring is often a big filtering process. Get all the resumes and go into a throw-away frenzy. Keep 10% of them at most. Felons very likely to end up in the throwaway pile. Even worse I suppose if a corporate HR department is pre-filtering resumes. My standard advice for ex-cons is to see if they can start and run a small business. Some businesses require background checks to be able to work in (government contracting, anything to do with schools, etc) but some don't have customers who check backgrounds (small IT repair shops). Unfortunately, this requires some capital to get going and also require some ambition and willingness to fail to try starting a business.

    186. Re:America, land of the free... by Chalnoth · · Score: 1

      Well, right. A rehabilitation-based system needs a whole supportive infrastructure for it to work well. In this instance, you'd want there to be regularly-collected data on recidivism that is provided as feedback to rehabilitation centers so that they have the data they need to evaluate their release criteria. We'd also have to eliminate all for-profit prisons, and adequately fund the prisons that remain (I don't think they should be considered prisons at all, but whatever they are, they would need adequate funding).

      Getting rid of non-crimes such as personal, non-reckless drug use would also be a huge benefit for everybody.

    187. Re:America, land of the free... by Ichijo · · Score: 1

      Yes, unfortunately. Especially those prisoners who become more trouble than the prison originally thought they were worth. Those cases need to be quickly put back on the market for other prisons to bid on.

      --
      Any sufficiently unpopular but cohesive argument is indistinguishable from trolling.
    188. Re:America, land of the free... by Rhywden · · Score: 1

      You misunderstand. I'm not for prohibition. I'm merely proposing that driving under the influence of any drug is a very bad idea.

      In my opinion, you're free to rock your boat with whatever drug you choose - as long as you don't endanger other people. And hurtling along with at least 1 ton of metal while being drugged is endangering others.

    189. Re:America, land of the free... by farble1670 · · Score: 1

      Not to mention the forced prison labor market. Felons get to learn "valuable skills" (for third world countries) and make products to sell at full value while getting paid a pittance. Refuse to work? No problem, 3 months in solitary will cure that, or you'll just go nuts. Really, the prison system is just slavery by another name.

      you know, they are in prison, right? they already have TV, books, internet in some cases, gyms, organized sports, vocational programs, college degree programs, consensual sex, conjugal visits in some cases, access to illegal drugs. they shouldn't get paid anything, and they shouldn't have most of those freedoms. let them have a mentally-scarring experience in prison. it's supposed to be a deterrent.

      yeah you'll probably bring up the injustices in the legal system, for-profit prisons, unfair sentencing, and so on. the solution to those things isn't to make prison a country club. 49% of convicts are violent offenders. you think those people should have a comfortable stay? you don't think they should be put to work to repay their crimes? if someone raped your daughter, do you think they should get to watch cable TV and smoke marijuana in their cell?

    190. Re:America, land of the free... by AK+Marc · · Score: 1

      There's a guy who was arrested yesterday here. He was a local sports guy, so it made it in the local papers. He claimed he drank the night before, but it was 12+ hours since his last drink, so he didn't think he was drunk. He blew over the limit. Even the time pilots go after the last drink isn't enough, if they were highly drunk at the time. The question was about self awareness, which is impaired when drunk, and how one could tell whether one was safe. Especially for under-age drinkers, it's hard to tell. They have little experience drinking. And, when I mentioned counting drinks, people said that was insufficient. So would be waiting, unless it's an aggressively long period. 3 weeks from last drink to driving.

    191. Re:America, land of the free... by davydagger · · Score: 1

      I'm really starting to wonder if maybe the only felony that should deserve a revocation of the right to vote is vote fraud.

      and corruption, and charges relating to abuse of office, and treason, etc... however, there should never be an automatic revocation of the right to vote. It should need to be something specified by a judge as part of a sentance.

    192. Re:America, land of the free... by turbidostato · · Score: 1

      "The individual people and private companies are still allowed to dislike him"

      Not to talk about individuals -though is quite funny that this very same people is not legally allowed to dislike them over grounds of religion or race, but companies, on one hand can't like or dislike anyone and, on the other, they are government granted entities and, as you say, these individuals are clear with the government which means no other penalites should be allowed by any other legal -not personal, entities.

    193. Re:America, land of the free... by strikethree · · Score: 1

      There is virtually no place in the US where someone who is homeless and jobless cannot get enough assistance from city/state/private agency to change their situation.

      That may be true now, I have no current experience. 20+ years ago it was definitely NOT true. I suffered greatly being homeless. Hell, I suffered greatly even having a fucking job working 6 days a week being paid $3.35 an hour. Housing was, and is, not cheap. Sharing doesn't do any good if the people you share with refuse to ever pay their fair share.

      Fuck it. At that point, crimes of theft are not such a big deal. Everyone needs to eat.

      --
      "Someone needs to talk to the tree of liberty about its ghoulish drinking problem." by ohnocitizen
    194. Re:America, land of the free... by naris · · Score: 1

      Why do you assume he committed a violent crime?

      Assuming it's a violent crime is definitely a bad assumption. It could be something non-violent such as theft, which would be a huge disincentive for an IT Department. However, everything is all speculation other than he committed some kind of felony in his misguided youth, which is a very broad category.

    195. Re:America, land of the free... by sumdumass · · Score: 1

      Yes, a minor child can have charge of property. They would be considered the agent of the owner. Minor children can actually be the owner of property too. I purchased my fisrt car when i was 14. An uncle left me his motorcycle and 10 acres of land adjacent to our property when he passed from cancer. I was 16. They all were legally mine and no one had to assume ownership or otherwise consent to the registration of the titles.

      And for there being numberous counter examples, you sure failed to present one. Ohio law considers it to be tresspassing whenever you enter the property of another. An example is ghe dog bite laws. If you walk up to someone's door and their dog bites you,they are not liable because you were tresspassing. But if they invite you over, you are not tresspassing and they are liable. If a kid invites another kid onto the property, the owner is liable. It makes no difference their age. Of course that gets tricky because the bitten person could become the handler of the dog under the law and the owner becomes not liable again.

    196. Re:America, land of the free... by nbritton · · Score: 1

      You don't have to disclose misdemeanors on a job application, because that's a question employers are prohibited from asking.

    197. Re:America, land of the free... by nbritton · · Score: 1

      I've always wondered why minimum wage laws don't apply to forced prison labor?

    198. Re:America, land of the free... by Jhon · · Score: 1

      "Yeah, what it actually does is permit the flyover states to leech money from the populated states, and also permit gaming the vote."

      Of course you would like to dictate cookie-cutter one-size fits all laws and regulations that would alienate that segment of the population right? Laws that dont line up with their economic/ethnic/religious interests? It's also known as a tyranny and will make governing a nation that is spread over a wide geographic area and has a varied population impossible. We're already seeing the effects in CONGRESS being locked and indecisive and you are beginning to hear the non-wack-job rumblings of session talk.

      "Oh yeah, they were so against tyranny that they left back doors in the constitution that let them write new laws at will in the future."

      It's statements like this which demonstrate your ignorance of the history the US and of the Constitution. Claiming you are ignorant isn't an insult -- that can be fixed. Read.

    199. Re:America, land of the free... by AK+Marc · · Score: 1

      Then FedEx should be in jail. But any job application you send back with "illegal question" as the answer will likely not result in you landing the job. So what would you have a job applicant do?

      That and I've never seen that in the list of things you aren't allowed to ask.

    200. Re:America, land of the free... by Baloo+Uriza · · Score: 1

      Weird. I've worked as a field service engineer and now work in a NOC since my conviction. Wasn't really an issue.

      --
      Furries make the internet go.
    201. Re:America, land of the free... by Baloo+Uriza · · Score: 1

      Heck, when I was working as a field service engineer, you'd think it was mandatory that everyone had one DUI on their record at that company...

      --
      Furries make the internet go.
    202. Re:America, land of the free... by Baloo+Uriza · · Score: 1

      This opens up a good point - I'm all in favor of taking criminal history into account, so long as we're talking relevant history.

      Take your example - if I'm hiring you to drive in the company car, then DUI (and worse, reckless driving) are relevant crimes. But if the job was "show up, sit in cubicle, keep servers running", without driving as part of the job? Then what do I care?

      And even then, depends on the company and whether or not they're going to let you prove you're capable of managing your shit properly. My last job was as field service engineer, and it seemed like the entire field service crew all had a DUI on their record. But, as long as you show up to work sober and get shit done, they couldn't care less what you did off hours.

      --
      Furries make the internet go.
    203. Re:America, land of the free... by sumdumass · · Score: 1

      You are ignoring the statute. It actually says no person by force, stealth, or deception shall do any of the following then lists several things, one of which you cited.. One of those traits need to be present in order for what you cited to come into play. If anyone iis invited in- by anyone who has the ability to do so-, and that invite was not because of force, stealth, or deception, it cannot be burgulary. Your examples fail what you are trying to claim.

      When reality and legality back my worldview, the only thing that is sad is you. Go shead and reread the law. Its 2911.11 and it simply does not say what you want it to say.

    204. Re:America, land of the free... by sumdumass · · Score: 1

      Heh. 2911.12.. damn phone and fat fingers.

    205. Re:America, land of the free... by AK+Marc · · Score: 1

      And you can request a jury trial (but you'll always lose).

    206. Re:America, land of the free... by Lesrahpem · · Score: 1

      The thing is, in the good ol' US of A, where less than 10 years ago you could be a felon for owning 6 dildos

      Somehow I doubt, the asker was convicted only of violating something as stupid as possession of dildos or innocent as that of marijuana — he would've said so (if any employer even paid attention to it in the first place).

      No, he was, by all appearances, genuinely guilty of at least one violent crime — plus some misdemeanors. I'm not saying, he "deserves" never to work in IT at all, but I don't blame the IT-folks — most of whom have not hit anybody in anger since middle school — for not wanting to work (be under the same roof!) with such a guy.

      Why would you choose to drag out your anti-Americanism over this, is beyond me...

      What I did wasn't violent. While on a bender I stole a bicycle out of somebody's garage. In Ohio that's a 5th degree felony.

    207. Re:America, land of the free... by Lesrahpem · · Score: 1

      In Ohio, criminal records can be expunged except for first and second degree felonies or crimes considered violent- after they are settled and punishment and fines have been paid. There is a process that is sort of like asking for parole but ends up in court with a judge making the final decision.

      He said he couldn't get the felonies expunged because he is in Ohio. This means it was either violent, or a serious enough felony that it was a first or second degree felony as defined by the state. I concur, it was not a crime he woke up one day not realizing he was committing or thought was a minor misdemeanor and got roped into a felony.

      You're partially right. In Ohio you are also barred from expunging your record if you have more than 2 misdemeanors or more than 1 felony and 1 misdemeanor on your record. I have 1 minor felony and about 4 misdemeanors, all stemming from a 2 year long period. None of them were violent crimes, unless you want to count beating the hell out of a road sign with a hammer while I was drunk.

    208. Re:America, land of the free... by Lesrahpem · · Score: 1

      This is what actually happened:
      I was intoxicated (not that it should matter, but I don't think I'd have done this if I hadn't been). I was about 6 miles from home without a car or a phone and I saw somebody leave their house via their garage. While the door was open I saw some bicycles in there. After they left I went to the side door of the garage, went inside, and stole one of their bikes. I think the neighbor saw me and called the police. I was arrested about 20 minutes later and charged with Burglary (because it was an attached garage), and I accepted a plea deal for Breaking and Entering.

    209. Re:America, land of the free... by Lesrahpem · · Score: 1

      There is virtually no place in the US where someone who is homeless and jobless cannot get enough assistance from city/state/private agency to change their situation.

      That may be true now, I have no current experience. 20+ years ago it was definitely NOT true. I suffered greatly being homeless. Hell, I suffered greatly even having a fucking job working 6 days a week being paid $3.35 an hour. Housing was, and is, not cheap. Sharing doesn't do any good if the people you share with refuse to ever pay their fair share.

      Fuck it. At that point, crimes of theft are not such a big deal. Everyone needs to eat.

      I was in a boat like this, and that's where the prior misdemeanor convictions come from. I was the lead software engineer at a promising startup. I turned to drugs to help me put in the hours. The company eventually tanked, and I was left with a bad habit and no income. I ended up homeless and stealing. I started a blog where I interviewed other homeless people and used the ad revenue to pay for a storage unit to live in.

    210. Re:America, land of the free... by mi · · Score: 1

      What I did wasn't violent. While on a bender I stole a bicycle out of somebody's garage.

      I see, sorry to have suspected worse. But, having lost three bicycles to thieves myself, I really despise your kind. I wound not be surprised, if some of the HR-people you spoke to have similar axes to grind.

      In Ohio that's a 5th degree felony.

      Someone has posted here, that anything other than 1st and 2nd degree felonies can be purged from one's record in Ohio. You, probably, know more about it than the rest of us, but if you have not tried that...

      As I said elsewhere, I do not claim, you should never be able able to find honest work again. But I would not blame folks for refusing to associate with a (former) thief either. Good luck.

      --
      In Soviet Washington the swamp drains you.
    211. Re:America, land of the free... by sumdumass · · Score: 1

      You would have to talk with an attorney but you should be able to expunge that. "Breaking and Entering" is a fifth degree felony in Ohio and as long as there are no violence elements attached, should be allowable.

      Of course what should be is often not the same as what is in practice. You need a reason to expunge and ability to find a job/make an honest living is just as good as any as far as I know. I do know a guy who used that excuse specifically to get a felony "cultivation of marijuana" over a bulk amount conviction expunged and now even has his gun rights restored. Of course Ohio has relaxed it's laws a bit and the same charge with the same amounts, if it were to happen today would be a misdemeanor so that may have had something to do with it too.

    212. Re:America, land of the free... by MoarSauce123 · · Score: 1

      So are legal and many illegal immigrants who are not citizens. I pay the exact same taxes like my neighbor, he can vote, but I cannot...simply because I do not have a US passport. Taxation without representation does not only apply to felons. Do I ask to join in at presidential elections? No, I think that would be going too far...although my home country will take my voting rights away after living 20 years abroad until I have an acceptable stake such as receiving pension payments (for me there will be about 10 years between where I am a persona non grata when it comes to elections). Then again, my home country grants local and state election rights to all those foreigners who live in the country for more than seven years. I have no idea why it is seven years and not three or ten, but that's not the point. The point is that if someone lives for such a long time in a foreign country they de facto made it their home country and thus are affected by local and regional politics the exact same way as a citizen. Now to the question of the OP...it all comes down to the company, the field of IT, and the crimes committed. Was is it drunk driving or wire fraud? Smoking pot or burglary with firearms? I do not ask for the answer to this question, but it will make a difference to the companies hiring. Companies may not want to hire someone with a wire fraud conviction to be in charge of IT for their financial systems, not so much that they do not believe you can do the task, but anyone from business partners, insurance companies, customers, and law enforcement might consider that too much of a liability. I don't say it is right, but I can follow the concerns. Contrary, if IT means fixing computers and fighting fierce paper jams in the copier it is probably irrelevant what mistakes you made. Likewise for drunken driving. I worked at a place where the support manager had his driving license revoked and was fined quite a bit for repeated drunk driving. While I would not have him take me home after a night at the bar he is a mighty fine support manager. A career change is an option and other types of employment are more open to ex-felons. Hospitality industry comes to mind, plenty of places would hire you as dishwasher or prep cook because they are not really dealing with secrets there and it is generally a business with high turnover. As far as pay goes, IT is definitely the better option. My advice is to be honest about it and get plenty of references that can attest that you cleaned up your act. You might want to see if your life experience might even be helpful. Computer security companies commonly hire convicted hackers who swapped sides. Who else to ask if something is easy or hard to break than someone who already did it. Keep the faith and keep trying. When I started out as a young engineer I did not have such a burden to carry and still had only one measly offer after writing over 80 resumes and going through over 30 interviews. That was back in my home country. When I came to the US I had a salaried engineering position within two weeks. That said, toy with the idea of relocating if you find that in other regions of the country you might have a better chance.

    213. Re:America, land of the free... by MoarSauce123 · · Score: 1

      There is a constitutional right to bear arms to form a well-regulated militia. We do have well-regulated militias that are called "Police" these days. I still don't get why that amendment supposedly means that any Dick and Joe can have assault rifles, rocket launchers, and stockpiles of ammo at home. Besides that, people with guns are more likely to get shot than those without, the cases of successful self-defense pale compared to the number of accidental injury or death from firearms in homes, plus households with firearms have a much higher rate of domestic violence and violent neighborhood disputes. And no, I also don't think that any rifle will stop special units with military grade gear. If they come for you they will get you and your friends and then some. Sorry...I digress.

    214. Re:America, land of the free... by MoarSauce123 · · Score: 1

      I agree with that, but same happened in the US. Connecticut had an excellent system of reintegrating ex-cons into normal life. The rate of excons falling back to crime was dismal. Until the Republicans cut the funding for this program. I guess their buddies make more money with building prisons and selling illegal weapons to criminals at the factory gates than folks who opt for a decent job.

    215. Re:America, land of the free... by leslie.satenstein · · Score: 1

      He must have also committed felonies or he wouldn't be a felon...

      You can be a felon for having three marijuana cigarettes. Scarred for life, can't vote. Sigh, you would not be a felon for DUI.

    216. Re:America, land of the free... by fyngyrz · · Score: 1

      Really, the prison system is just slavery by another name.

      As is explicitly provided for in the 13th amendment:

      Neither slavery nor involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted, shall exist within the United States, or any place subject to their jurisdiction.

      (emphasis mine)

      So if you don't like it, the legitimate path towards getting rid of it is amendment, as provided for in article 5.

      Personally, I think the problem is far too many laws making crimes out of things that should never have been construed as criminal. And that can be approached one issue at a time if you can simply bring pressure upon the state or federal legislators. Sure, that's hard, but it's not nearly as hard as trying to pursue amendment, which seems to be basically impossible at this point in time.

      --
      I've fallen off your lawn, and I can't get up.
    217. Re:America, land of the free... by Yakasha · · Score: 1

      Those felons are taxpayers, aren't they?

      Absolutely you bet! Just the other day I stopped at H&R Block to get some advice on reducing my liability (TAX liability lol!), but they couldn't answer my questions. I'll pose them here in the hopes that you or somebody else can help.

      If I hold the drugs for a year, do I pay capital gains on the increased value as a commodity? If the value goes down, do I get to deduct the loss? Do I get to deduct the depreciation of my submarine? As I require all my sales reps to wear a blue flag on the left side and provide it myself, could I reduce my tax burden by investing in a handkerchief factory? Can I deduct the cost of the "first one" I offer to all new customers?

      That is just me! How about my sales representatives? Do they get to deduct the cost of the baking soda they cut the coke with? Or does that come out of their own pocket?

      And now Obamacare is just making this harder! I'm going to have to cut back hours because I can't afford the health insurance costs!

    218. Re: America, land of the free... by nctritech · · Score: 1

      A system administrator can't administrate the system without "that much access." Who controls the access above that sysadmin? Why, it'd have to be another sysadmin...see the problem?

  2. What about changing places to live? by Anonymous Coward · · Score: 1

    If you are talented at what you do- why not consider moving someplace else where this is either not a problem or they can't check? There are plenty of places in the world that you could make a rewarding contribution to something while being fairly compensated for your work. I can't imagine that in any other field that could be potentially lucrative, or provide enough compensation to support a family on they would be willing to overlook the felony convictions. I would imagine you are probably locked out of most of the economy where you are. Permanently. I would consider seriously moving.

  3. Clearance by gcnaddict · · Score: 4, Interesting

    Seek federal jobs which offer a clearance. If you admit to everything thoroughly and give the investigators the truth, and if they're not worried about you after all of that (they think the risk of recidivism is low), you'll get the job and you can say on your resume you were cleared for federal work.

    Whenever you decide to leave, the fact that you had a clearance might actually help counteract your priors.

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    1. Re:Clearance by gcnaddict · · Score: 2

      Clearances are about trust and risk. Can a candidate be trusted? Can a candidate sufficiently avoid blackmail? If both are true, the candidate has a good likelihood of getting cleared.

      Everything that's evaluated is done so against these two questions. With this in mind, the list of crimes which can sufficiently bar a person from cleared work is very, very low.

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    2. Re:Clearance by Anonymous Coward · · Score: 5, Informative

      I'm in personnel security in a Federal agency. Given a few years of productive behavior in society, and positive evidence of rehabilitation, you will probably be able to mitigate any criminal conduct issues for basic suitability or even a security clearance.

      Most agencies use suitability (5 C.F.R. Part 731). As long as you haven't done anything horrible for a few years, you are honest about what you did, and your crimes do not have a direct nexus to the position sought, you will be good to go. The OPM-FIS web site has a little more information on suitability. Beware of the "issue characterization chart" that has been floating around since the JPL lawsuit. It's not current, and it doesn't take into effect numerous additional considerations that upgrade and downgrade issue characterization.

      Cleared positions will use the national security standard (E.O. 12968). Go to the PERSEREC web site and download the Adjudicator's Desk Reference. That will tell you everything you want to know about that. You might also want to find the web site of the Defense Office of Hearings and Appeals, and read some of the published cases. That will give you a realistic idea of how contractors with criminal records mitigate them.

      I wouldn't bother with excepted service positions like law enforcement or the intelligence community.

    3. Re: Clearance by Anonymous Coward · · Score: 1

      This is absolutely incorrect. Got a felony for something minor when I was 18, and the clearance wasn't an issue. Albeit, the felony wasn't rape or theft, but the point is, they look at your current situation and how long ago the crime was committed.

      Oddly enough, when I was reading the OP question, my first thought was to get a security clearance. My experience is once you a cleared, most companies don't even run a background check. They simply verify the clearance is still active. Of course, the problem at that point is getting someone to sponsor your clearance in the first place...

      TL;DR - you are not automatically barred from clearances with a felony. I'm happy to cite sources if this is called into question.

    4. Re: Clearance by Cramer · · Score: 1

      Then provide that evidence... total number of clearances (by type, there are several), number of felons holding each clearance, number of felon applicants, and number of felon applicants approved. The number of felons will not be zero, but it will be insanely low.

      Also, no matter what happens in the courts, the FBI doesn't remove shit from it's files. So, any detailed review will dig those things back up. (it can be an amusing pain in the ass to explain the same shit over and over every 2-5 years.)

      (Guess what happens if you're charged with any felony while holding a clearance? You lose the clearance as soon as they learn about it.. no matter the charge, or outcome.)

  4. I've hired people with misdemeanors before by Minupla · · Score: 4, Informative

    I've hired people with misdemeanors before.

    Be honest about the crime, don't have it be a surprise that I find out during the background check part of the hiring process.

    I also know other managers who've done the same. Its tough to find good people. A drug offense 5 yrs ago, with proof of a completed drug treatment program for instance isn't going to stop me from hiring a good IT worker.

    Min

    --
    On the whole, I find that I prefer Slashdot posts to twitter ones because I don't get limited to 140 chars before
    1. Re:I've hired people with misdemeanors before by yog · · Score: 1

      Your drug example is understandable, but would you hire a convicted felon as well?

      --
      it's = "it is"; its = possessive. E.g., it's flapping its wings.
    2. Re:I've hired people with misdemeanors before by geogob · · Score: 2

      Why wouldn't he? Giving a decent work to a past felon shouldn't be a question at all. I'd even say that not giving him a job because of its past is a strict contradiction to the justice and rehabilitation process.

      Giving him a job is not just good for him, its also good for society. And he might even be good at it!

    3. Re:I've hired people with misdemeanors before by Lunix+Nutcase · · Score: 2

      Your drug example is understandable, but would you hire a convicted felon as well?

      Your statement seems to imply that a felon is some sort of untouchable non-human. You realize that many ex-felons were not convicted of, for example, a violent crime, right? What world would you rather live in? One in which felons are given second chances that have been proven to reduce recidivism or one in which we keep treating them as if they are untouchables who become life-long criminals because they happened to make a mistake in their life?

    4. Re:I've hired people with misdemeanors before by BarbaraHudson · · Score: 1

      First thing to do is see if it's even relevant to the hiring process. Here, our human rights laws do not allow employers to discriminate based on the fact that someone has a criminal record.

      Second, as others have pointed out, there's a difference between a misdemeanor and a felony; there's also the difference between convictions where a minor was tried as a minor as opposed to a minor tried as an adult. It's not clear when in the poster's life these events occurred. Like so many of these "ask slashdot" submissions, we need more info (in other words, context :-)

      [social_commentary]
      Given the high levels of misogamy in IT, you could always say you were originally charged with killing your ex, but pled it down*
      [/social_commentary]
      *and unfortunately, it would probably work

      All those saying to start freelancing fail to take into account that, with the lack of any increase in domestic hiring in IT over the last decade (the entire net increase has been in H1Bs), you're competing with an increasingly large pool of others who cannot get a job and which, if you do get one, is in danger of being outsourced much easier than, say, a plumber or someone cutting lawns or digging ditches with a back-hoe.

      In other words, you might actually be lucky, in the sense that if you have to drop IT from consideration now, you'll be better off in the long run than if you end up having to drop it 10 years from now, because there's not just misogamy, there's ageism, and that directly impacts both sexes (and it doesn't get easier as you get older. In IT, 35 is the new 60).

      --
      "Transparent" is a shit show that trades on every stereotype going. A man in drag is NOT a transsexual.
    5. Re:I've hired people with misdemeanors before by yog · · Score: 1

      I was implying nothing of the sort. I was just asking a yes-no question.

      In fact I believe in giving people a second chance. However, there's a big difference between a felony and a misdemeanor, depending on the crime. A felony could be car theft (although it's classified as a misdemeanor in some states) or rape or assault.

      A misdemeanor might mean a threat of violence that was not carried out. A felony might mean a threat of violence that was carried out. Would you want to hire someone who was convicted of violent assault?

      I'm not discounting every possible person, but when you compare someone who has no record of violence with someone who has a record of violence, there's a clear distinction and an obvious preference to go with the non violent person.

      Drugs frankly are a completely different category from what I consider real crimes. We should just decriminalize or legalize drugs completely, and stop wasting time and resources on it.

      That said, if someone is a cocaine addict I definitely wouldn't want him or her in my organization, especially if he had access to valuable information or resources that he could sell to pay for his next week of fixes.

      --
      it's = "it is"; its = possessive. E.g., it's flapping its wings.
    6. Re:I've hired people with misdemeanors before by 3dr · · Score: 1

      What's the crime? A lot of nonviolent crimes are felonies. If I were looking for candidates, my consideration of an employee would entirely depend on what the crime was, and what my legal counsel thinks.

      And also, especially in drug-related offenses, the felony limit can be quickly reached by an exaggeration of drug mass. LSD charges, for example, are typically trumped up because they weigh the grams of paper, not the micrograms of LSD on it. Or here in Austin, where a guy was facing PCP possession charges partly based on the weight of the tray of brownies he baked (couple pounds), instead of the mass of PCP actually in the brownies. (But, he did have a bottle/supply of PCP which *was* a serious issue, but the charges based on the brownies was absolute nonsense.)

    7. Re:I've hired people with misdemeanors before by AK+Marc · · Score: 1

      I had a misdemeanor speeding ticket (yes, they are crimes in Texas). And every time someone has asked the "Crimes" question in a way that requires a positive answer, I've never been called back. I've even had one clarify that when they have enough applicants, they screen everyone out on that question, without reading the reason.

    8. Re:I've hired people with misdemeanors before by AK+Marc · · Score: 1

      Given the high levels of misogamy in IT, you could always say you were originally charged with killing your ex, but pled it down*

      Not just IT.

      Off topic story:
      So, I like to play with probabilities, and when something is about 60% or more, assert it like fact. It really creeps people out, and when you are wrong, it's usually close enough that people "understand" the error. A friend (coworker in IT) mentioned he was going to the prison to visit a friend. I responded back, "girlfriend or wife?" "Huh?" "The women he killed, girlfriend or wife"? "Oh, ... wife."

      For just beating a woman, you don't go to jail. They were probably asking for it (it's not just IT that's misogynist). And a man is much more likely to kill his partner than anyone else. So the only question was whether they were married at the time. All the other details were guessable just from the rest. Guesses:
      He was drunk at the time. They had a kid (otherwise, you just leave, not kill them). Anyone in prison long enough for a friend to visit regularly is there for a long time (ruling out drugs and other things), and thus, it was most likely a violent crime. And armed robberies are rare.

      And I love the look on people's faces when you ask a question that assumes so much about the situation. If you just say "So, in for killing a woman, right?" then you sound unsure, guessing, and, oddly, more intrusive. But getting more information than that isn't intrusive. It's simply interested in the happenings of others. "How old is his daughter" or "does his kid stay with his family, or hers" would have also been valid questions, but the simple answer and dropping it was much easier. I didn't really care, beyond confirming my play at mentalist.

    9. Re:I've hired people with misdemeanors before by hey! · · Score: 2

      While I agree in principle, I would consider the nature of a felony and its relevance to the job. For example I wouldn't hire someone convicted of embezzlement for a job where he has access to sensitive financial data, no matter how long ago that offense was. I would tend to overlook certain drug related charges because of the long history of overzealous prosecution of "drug offenses" in this country.

      I'd also consider the amount of time since the offense, particularly for offenses committed by people when they were in their teens. Research shows that many peoples' brains don't develop impulse control until they are out of their teen years. At thirty they're almost literally different people than they were at 16. And I would strongly discount misdemeanors that occurred a long time ago.

      But hiring someone with a criminal record, or not hiring someone because of that record -- that's not an easy decision, nor should it be. As a hiring manager you have a responsibility to society, certainly. But you have other responsibilities, to your employer, customers, and coworkers that you have to honor as well. You should try to make a decision that is as fair as possible to everyone affected, and sometimes the candidate may come up holding the short stick, which is too bad.

      I don't think criminal record should be used as an automatic screen, that's just lazy. As a manager I'm paid *not* to be lazy, and to make good decisions, so that's what I should do.

      --
      Post may contain irony: discontinue use if experiencing mood swings, nausea or elevated blood pressure.
    10. Re:I've hired people with misdemeanors before by N1AK · · Score: 1

      Your statement seems to imply that a felon is some sort of untouchable non-human.

      Only as much as your statement implies you can't resist trying to mold other people's points into hyperbolic strawmen! He wasn't suggesting anything about felons other than that some people would consider drug charges a non-issue and yet would reject immediately other types of felon. You yourself used violent crime as a line in your example, should I assume you consider them untouchable non-humans?

    11. Re:I've hired people with misdemeanors before by BarbaraHudson · · Score: 1

      True story:

      One of my friends is an engineer. Once he had his condo, his car, and money in the bank, he figured "you know, this job sucks. I'll take a year of and then find another one."

      The year turned into 2. Then 5. Then 10. At the 15-year point, he finally decided that he *really should* get another job in engineering. I pointed out that no potential employer is going to want someone who was so unmotivated that they abandoned their field for a decade and a half, bumming around, doing menial jobs when he needed a few bucks ... so he sold his condo at the 20-year mark and "really started looking" .

      I told him "You're going to have to say something more acceptable - like you were in jail for manslaughter, or you had a bad drug or booze habit but you're clean now, whatever. That's more acceptable than 'well, I didn't feel like working.' Realistically, you've burnt your degree - you've been out of it so long that, for all practical purposes you have no relevant experience, and your knowledge is out of date compared to a recent grad."

      --
      "Transparent" is a shit show that trades on every stereotype going. A man in drag is NOT a transsexual.
    12. Re:I've hired people with misdemeanors before by jez9999 · · Score: 1

      A drug offense 5 yrs ago, with proof of a completed drug treatment program for instance isn't going to stop me from hiring a good IT worker.

      What if it was marijuana and the guy wasn't actually, you know, harming society? You shouldn't even require a drug "treatment" program for that kind of "offence".

    13. Re:I've hired people with misdemeanors before by AK+Marc · · Score: 2

      "My mother got sick and was given 2 weeks to live. 20 years later, she finally died. I went to be by her side, and didn't end up moving on until after." Nobody would question that. Nobody would ask any follow-up questions to that. And it's better than murder.

    14. Re:I've hired people with misdemeanors before by AK+Marc · · Score: 1

      I answered the question truthfully. They must have only been looking for lying criminals. In Texas at the time, a speeding ticket is covered by the criminal code, as it is a "crime" for all definitions of the word "crime".

    15. Re:I've hired people with misdemeanors before by Alioth · · Score: 1

      > Would you want to hire someone who was convicted of violent assault?

      It depends why. Were they the initiator of agression, and beat up their spouse? Perhaps not.

      Were they defending themselves from a bully? Yes, I would hire them.

      A 40 year old who was convicted at age 17 when he flew off the handle for some reason, but has not been in trouble since? Yes, I would hire them.

  5. start your own business? by zr · · Score: 4, Insightful

    unfortunately i'm not speaking from experience, just spitballing ideas.

    best of luck to you!

    1. Re:start your own business? by Overzeetop · · Score: 3, Informative

      That was my first thought. If you can't find someone to hire you, start your own. Corporations don't have criminal records, and unless you are working for someone who screens your employees (and that's slippery ground from a contract work perspective) you are simply doing work.

      --
      Is it just my observation, or are there way too many stupid people in the world?
  6. A felon with misdemeanor convictions by kamapuaa · · Score: 2

    I'm a little confused by the phrasing. Being a felon is a roadblock to a career. Having misdemeanor convictions probably isn't. If you're a felon, why even bother mentioning that you've had misdemeanor convictions?

    --
    Slashdot: providing anti-social weirdos a soapbox, since 1997.
    1. Re:A felon with misdemeanor convictions by Oligonicella · · Score: 2

      Better to be fully honest. If a felon, a prospective employer will check that. When checking, the misdemeanors will appear. Unmentioned, it could look like trying to hide the garnish.

    2. Re:A felon with misdemeanor convictions by hey! · · Score: 1

      I'm guessing they're asking whether he's ever been convicted of a crime, and being honest these days he answers "yes".

      --
      Post may contain irony: discontinue use if experiencing mood swings, nausea or elevated blood pressure.
    3. Re:A felon with misdemeanor convictions by Cytotoxic · · Score: 1

      It also speaks to prospective employers about a pattern of behavior. A single screw-up when you were in your early 20's is one thing, a string of criminal activity across several years is another. It does increase his difficulty in finding employment.

      I'd think it would also depend on the crime and the role you are looking to fill. A felony fraud conviction would not help you find a job as a system administrator for a financial institution, for example. The help desk / admin side has access to passwords and information that is sensitive and any kind of background that suggests you might use that access inappropriately would be relevant to the employer's decision.

      A database administrator would similarly be in a position to access all sorts of valuable information.

      A string of convictions for assault and battery might hurt your chances in a team situation, or customer service situations, but would probably be easier to overcome than a criminal history that demonstrates a willingness to steal from the company. Then again, we had a couple of situations where unstable people brought the threat of violence into the workplace. With our lawsuit happy culture, you couldn't blame a company from shying away from someone with a proven history of violence. How quick do you think people would be to file a lawsuit if a company hired a person with a violent criminal history and there was an assault of some sort?

      A developer position might be easier to get - depending on the type of job and the type of shop. Being the install guy for desktops or servers in a large shop would probably be a lot easier to get - they have tighter controls in place so trust isn't as critical as it is in a small shop where the guy installing the server is also the guy with all the passwords.

      In any case, building some sort of history would be key. A good recommendation as a reliable employee for a couple of years would probably overcome a lot of objections - even if it wasn't in a relevant field. But it isn't easy out there for anyone, particularly with low experience, criminal record or not. My ex's father ran the food service at a university and he used his position to help a bunch of newly released prisoners get a fresh start. He said he only had a couple of guys disappoint him over a couple of decades. For him it was a form of ministry - but there are a lot of guys just like him out there who are willing to take a risk. Finding them is the trick, I suppose.

    4. Re:A felon with misdemeanor convictions by Connie_Lingus · · Score: 1

      Being a felon means he committed a serious crime.

      really???

      i got convicted of felony because i got caught with some personal MDMA pillis in 2001 at an electronic music concert.

      that's a "serious crime"??

      --
      never bring a twinkie to a food fight.
    5. Re:A felon with misdemeanor convictions by Farmer+Tim · · Score: 2

      A string of convictions for assault and battery might hurt your chances in a team situation, or customer service situations

      Sounds more like useful experience to me...

      --
      Blank until /. makes another boneheaded UI decision.
    6. Re:A felon with misdemeanor convictions by Wycliffe · · Score: 4, Insightful

      Being a felon means he committed a serious crime.

      really???

      i got convicted of felony because i got caught with some personal MDMA pillis in 2001 at an electronic music concert.

      that's a "serious crime"??

      As someone who hires programmers, a felony like this I would completely ignore if everything else was in line.
      Honesty and theft are the big ones in IT not drug use or even assault. Other careers would be different but
      as a programmer you are entrusted with alot of stuff (like credit cards) so a felony that is theft related is
      probably going to be much harder to be overlooked. Drug use, I don't really care that much about. I've hired
      plenty of alcoholics and probably a few pot smokers but as long as it doesn't interfere with their job, why
      should I care?

    7. Re:A felon with misdemeanor convictions by ATMAvatar · · Score: 1

      Being a felon means he committed [what the government thinks is] a serious crime.

      FTFY. There are many felony charges which exist that many/most may not consider such a big deal (e.g., possession of marijuana), especially if committed many years ago. While there are definitely felony offenses which nearly anyone would agree are serious, do not make the mistake of lumping them all together into a single category.

      --
      "They that can give up essential liberty to obtain a little temporary safety deserve neither liberty nor safety."
    8. Re:A felon with misdemeanor convictions by Linsaran · · Score: 1

      For those of us not from the US can someone please outline the difference between felony and misdemeanor? Sure, I can guess, but a summary would help. Also, some other posts are talking about felons not voting. WTF is up with that?

      Generally a felony is considered a more serious crime. There's no hard guidelines for what constitutes a felony vs a misdemeanor, it all comes down to what the individual laws say the offense is. Loosely, if it involves jail time for a first offense it's probably a felony. Many misdemeanors are punishable by fines, with jail time only being recommended for repeat offenders/those who cannot/refuse to pay the fine. Some states (not all) have laws restricting the voting rights of those with felony convictions on their records. Many states simply restrict those who are presently incarcerated from voting. The reasons include the logistical challenges of setting up in prison voting being difficult, but there is usually some sentiment that convicts shouldn't vote as well. Some of the more ultra conservative states actively restrict ex-convicts from voting as well, but that is far less common.

      --
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    9. Re:A felon with misdemeanor convictions by tnk1 · · Score: 3, Informative

      Misdemeanor is a minor crime. Misdemeanor can lead to jail time and fines and gets you a criminal record. Jail time is not uncommon, but is usually not handed out unless it is a more serious offense or this is a second conviction. It tends to be on the order of like 30-180 days. Fines and probation are the usual sentences.

      Felony is a very serious crime, and in addition to a record and much more likely jail time, which starts to become years in length, you also lose many of your civil rights. In many places, you cannot vote, serve on a jury, or own a firearm as a felon and this lasts for some period after your release, up to and including the rest of your life. Your only recourse to that state is often an executive pardon.

      Of course, these are classifications, not actual crimes. Murder, attempted murder, manslaughter, grand theft, etc. are all felonies. Speeding is an infraction, not a misdemeanor, but speeding excessively over the limit might be reckless driving, which is a misdemeanor. Carrying illegal substances would usually be a misdemeanor as well (in the places it isn't legal anyway).

      Dealing illegal substances is more serious and can often end up as a felony, although laws vary based on how much you've been dealing.

      You will frequently end up with a felony if you continue to repeat misdemeanors. And this is a frequent reason for drug based offenders to turn into felons. In addition to the utility of becoming a dealer if you are a user, if you are simply a user, addiction puts you in a position where you continue to have strong motivation to keep breaking the law which escalates charges to felony-level under repeat offender provisions in the law.

      It is important to note that a crime is defined by law as a felony, there is no hard and fast requirement for a crime to meet some sort of definition to be considered a felony. For instance, two minors sleeping together used to be able to both be convicted of statutory rape, even if the act was completely consented to by both parties, because under the law a minor cannot consent to sex. In many places that is a felony. The drug laws are also one situation where felonies seem to be handed out very easily, and so consequently, is a reason the US is seen as a place where the jails are busting at the seams with non-violent offenders.

    10. Re:A felon with misdemeanor convictions by Connie_Lingus · · Score: 1

      ...but as long as it doesn't interfere with their job, why
      should I care?

      idk, maybe because HR tells you they have a blanket policy to automatically deny all convicted felons employment for legal reasons?

      --
      never bring a twinkie to a food fight.
    11. Re:A felon with misdemeanor convictions by Macgruder · · Score: 1

      Most states return the right to vote upon completion of the sentence, parole, or probation. A couple states never remove the rights. Then there a few that require a petition from the felon to consider restoring some rights. Some serious crimes, like murder, rape, etc... bar you for life from voting.

      --
      I'm not crazy,I'm actively irresponsible.
    12. Re:A felon with misdemeanor convictions by ysth · · Score: 1

      Because misdemeanors can prevent you from having a felony expunged.

      Since September 2012 (earlier, it was even stricter), Ohio allows consideration of expungement by a court if a person "has not more than one felony conviction, not more than two misdemeanor convictions if the convictions are not of the same offense, or not more than one felony conviction and one misdemeanor conviction in this state or any other jurisdiction."

    13. Re:A felon with misdemeanor convictions by roman_mir · · Score: 1

      You do realise why that is, right? Lawsuits.

      Companies are legally liable if they hire an ex con and he is involved in anything at all while in his official capacity or even outside of it. AFAIC the lawsuits fuelled by government laws make it impossible for companies to hire ex cons.

    14. Re:A felon with misdemeanor convictions by HornWumpus · · Score: 1

      Techno/Disco should be a crime. You could play that shit in the office. No job for you.

      --
      John McAfee 'It was like that time I hired that Bangkok prostitute; to do my taxes, while I fucked my accountant'
    15. Re:A felon with misdemeanor convictions by lachlan76 · · Score: 2

      We have a distinction between summary and indictable offences here, the cutoff being two years maximum in gaol.

    16. Re:A felon with misdemeanor convictions by thebes · · Score: 1

      Drug use could motivate theft though...just sayin'

    17. Re:A felon with misdemeanor convictions by AK+Marc · · Score: 1

      that's a "serious crime"??

      As defined by the government, yes.

    18. Re:A felon with misdemeanor convictions by Connie_Lingus · · Score: 1

      exactly my point...i was being sincere about how i understand the economics and politics of the situation.

      --
      never bring a twinkie to a food fight.
    19. Re:A felon with misdemeanor convictions by 0111+1110 · · Score: 1

      Right next to the law where you have to date ugly people

      Now that's a law that I would support.

      --
      Quite an experience to live in fear, isn't it? That's what it is to be a slave.
    20. Re:A felon with misdemeanor convictions by Slashdot+Parent · · Score: 1

      i got convicted of felony because i got caught with some personal MDMA pillis in 2001 at an electronic music concert.

      Wow, you should definitely shoot your lawyer over that one. You're already a convicted felon, anyway.

      --
      They don't grade fathers, but if your daughter's a stripper, you fucked up. --Chris Rock
    21. Re:A felon with misdemeanor convictions by Wycliffe · · Score: 1

      Drug use could motivate theft though...just sayin'

      Yes, this is the same logic that causes companies to pull your credit report before offering you a job.
      Someone who has financial problems is probably more likely to steal but I still don't like it.
      It's the same problem that a felon has. You run into financial problems and now you can't find a job
      because you've had financial problems which causes the financial problems to be worse.

  7. Go into the public sector by cinghiale · · Score: 1

    You openly admit it and eventually run for Governor of Illinois.

    1. Re:Go into the public sector by wb8nbs · · Score: 1

      Or Louisiana. Or Virginia.

    2. Re:Go into the public sector by Lord+Apathy · · Score: 1

      That was close to what I was going to suggest. Go into business for yourself. Start your own company. There are plenty of options out there if your just clever enough to figure them out.

      --

      Supporting World Peace Through Nuclear Pacification

    3. Re:Go into the public sector by Mr.+Shotgun · · Score: 1

      That would be new, a Governor that committed his felonies before being elected to office. Hell, I'd vote for him, at least he's honest.

      --
      Of all tyrannies, a tyranny sincerely exercised for the (supposed) good of its victims may be the most oppressive
  8. In the big tech hubs, sure by Shados · · Score: 1

    It may take a few tries, but a lot of places don't do background checks, and some that do won't care too much.

    I know a guy who several felony, recidivism, his mug shut come up as the first hit on google if you google him... and he was able to get a job in a few weeks.

  9. Look at Indian outsourcing/H1B companies by i+work+on+computers · · Score: 2

    I managed a contractor that never would have been hired by my or most engineering companies due to a criminal history and being a registered sex offender. He worked for a company that otherwise is H1B and Green Cards from India. I know he got paid quite a bit less than if he worked for my company, but he at least got in the door after his prison term. If you are skilled, one of these companies may take a flier on you.

    1. Re:Look at Indian outsourcing/H1B companies by i+work+on+computers · · Score: 1

      I'll echo the comments saying be totally honest. When we asked the contracting company about the contractor's criminal history, they made clear that he was very honest about it and any mistruths would have led to an immediate termination.

  10. Re:Freelance/Consulting by yog · · Score: 2

    This is absolutely not true. Any respectable broker will thoroughly vet their contractors.

    --
    it's = "it is"; its = possessive. E.g., it's flapping its wings.
  11. I vote FreeLance by Anonymous Coward · · Score: 1

    Hi,

    It would be a long road, but eventually pay off for you. You could start freelancing on Odesk or through some other method until you built up enough of a client list that could support you. The pay would not be that great, but consider doing it part time until you have your foot in the door. In all the time I have been freelancing, not once have I had a background check.

    It does suck in our society that even though you have "paid" for your punishment, you are basically labeled for life. We all wish we could tell our younger selves that these choices would impact us for the rest of our lives. But all we can do is move forward. I think your path will be with many challenges, but I believe working for yourself is probably one of your best options. You just need discipline and a tremendous amount of patience because you will have many pointy haired bosses.

  12. Not specific to IT by sjbe · · Score: 2

    I keep running into potential employers who tell me they'd like to hire me but can't because of my past record (expunging won't work, I'm in Ohio). Does anyone have any suggestions for me? Should I just give up and change careers?

    Sadly that problem will not be confined to IT. Even if you try to change careers a felony record is going to follow you and (right or wrong) there aren't a lot of employers who are going to be willing to take a chance on an ex-con. Companies just generally do not want to take on avoidable known risks and a felony makes a job candidate into an avoidable known risk.

    Your best chance is probably through personal networking but it's going to be tough. The good news is that there are companies that will work with people with troubled pasts but finding them usually takes a lot of work. If your skill set is in IT and your convictions aren't for things related to IT then I see no particular reason to switch because the same problem will exist regardless of what type of job you seek.

  13. It depends by Smallpond · · Score: 1

    Drugs you can show completion of a program, swear you've been clean for two years, have testimonials from your preacher, rabbi and yoga instructor.

    Theft is tougher and would probably be a bar for any financial company (except apparently at the top executive levels). Might be better to lie or not check either "Do you have a criminal record" checkbox and hope they don't do the background check.

    Violent crime, property damage stuff you can just give your side and claim that it was a minor offense and the other party was out to get you. Doesn't look good if you have multiple offenses, though.

    1. Re:It depends by plopez · · Score: 1

      "Might be better to lie or not check either "Do you have a criminal record" "

      No! In many places that is a felony! Don't do it!

      --
      putting the 'B' in LGBTQ+
    2. Re:It depends by Smallpond · · Score: 1

      Lying is a felony? Why aren't any politicians in jail?

  14. awww.... by Connie_Lingus · · Score: 5, Informative

    hello and welcome to my life.

    it's well documented here on /. that i struggle with this same issue, and have for over a decade.

    i wish i had good news for you, but i don't. it's going to be hard for you for find "regular" employment.

    my advice? try to find a small company where you can get hired without a lot of fanfare. finding and owner/ceo who does the hiring, or a contracting company where they have no real interest in caring about your background because it will cost them money if they don't place you, is pretty much the only way i've been able to get back into a stable, well-paying job.

    pretty much anyplace with a fulltime HR department will discover your transgressions and gleefully report to the hiring manager that they "gotcha" and are doing a really great job keeping reprobates like us away from their "sanitary" workplace.

    i've started my own small consulting company and have found that it's fairly easy to work from home (im a software guy) doing the code monkey thing...it beats digging ditches that's for sure. i advertise back-end/full-stack web development/server management on craigslist and it works.

    good luck...you are going to need some.

    --
    never bring a twinkie to a food fight.
    1. Re:awww.... by QuietLagoon · · Score: 3, Interesting

      ...pretty much anyplace with a fulltime HR department will discover your transgressions and gleefully report to the hiring manager that they "gotcha" and are doing a really great job keeping reprobates like us away from their "sanitary" workplace....

      My experiences working with a full-time HR department ("HR Team") both as a candidate and as a hiring manager correlates yours, but more generally --- the HR department looks for reasons why a candidate is not suitable for the position. The more reasons the HR department finds for not hiring a candidate, the better the job they consider themselves to be doing.

      .
      I've overridden a HR department on more than one occasion because they focused on minutiae instead of qualifications. In those instances, the candidate was hired and became a very good performer. At times I wonder if I would be able to hire anyone if I listened to HR's opinion of the candidates.

    2. Re:awww.... by Anonymous Coward · · Score: 1

      I think his point was that he is no longer that person who has a disregard for rules, and they were mistakes he made in his youth. Should he forever be banned from making a decent living for something he did decades ago and has since reformed? There is such a thing as forgiveness.

    3. Re:awww.... by Cederic · · Score: 1

      I didn't interpret Connie as claiming to be a victim, and indeed she's explicitly stated what she's doing to get work and earn a living.

      That's not self pity, that's not "bemoaning your fate" and your condescending 'holier than thou' attitude pisses me off.

      Why volunteer time with schools? How about earning a fucking living - especially given how hard it clearly is to get a job, that takes a lot of effort and then you work hard to keep it afterwards.

      Or maybe that hadn't occurred to a sanctimonious cunt like you?

    4. Re:awww.... by Slashdot+Parent · · Score: 1

      Depends on the HR department. The last time I worked for a large firm, the HR dept was compensated based on the number of new hires. So they were always pissed at me when I screened the morons out during technical interviews.

      --
      They don't grade fathers, but if your daughter's a stripper, you fucked up. --Chris Rock
    5. Re:awww.... by jez9999 · · Score: 1

      You made a stupid choice

      Not necessarily. They may have violated a stupid law.

    6. Re:awww.... by Mike+Van+Pelt · · Score: 1

      HR departments and felons... oh, yeah. At a previous employer, we really desperately wanted to hire a really good technical guy, but he'd been convicted of possession of some AT&T code at some time in the past. My boss pushed back on HR, and they said "You can probably force the issue and get him hired ... eventually. But we can and will use every means at our disposal to block and delay it for as long as we possibly can. I can guarantee it will be at least a year."

      So, since we needed someone sooner than a year, we had to pass on our ideal candidate.

  15. Start your own business. by yog · · Score: 4, Insightful

    You really have very few choices. There are employers out there who actually seek out people with priors, but for the most part you're going to be frustrated in your attempts to land a job.

    Your best bet is to start your own business, for example web design or outsourced PC network maintenance. There are lots of people making a good living as free lancers.

    Once you have gotten established, which admittedly may take a couple of years of networking and marketing efforts, you may not wish to be an employee again anyway. You can set your own hours, choose your own customers, and take full charge of your life. It's not easy, and requires more skills than just showing up and doing a specific task from 9 to 5, but much more fulfilling in the long run, and few will run background checks.

    You're still going to have trouble getting loans; just work hard and build up equity, and the rest will follow. Best of luck.

    --
    it's = "it is"; its = possessive. E.g., it's flapping its wings.
    1. Re:Start your own business. by Slashdot+Parent · · Score: 1

      Your best bet is to start your own business, for example web design or outsourced PC network maintenance. There are lots of people making a good living as free lancers.

      This was my thought as well, but if I understand OP correctly, he's been out of IT for a long time. I think he's going to have difficulties marketing his services if his skills are so far out of date.

      --
      They don't grade fathers, but if your daughter's a stripper, you fucked up. --Chris Rock
  16. Small problem. More resumes, own business, call me by raymorris · · Score: 1

    If they are misdemeanors, no problem. Just be honest. Also check your state law, even though they may ask if you've EVER been convicted, records may be unavailable after a certain number of years and the law may allow you to check the "no" box.

    If they are felonies, it makes it harder to get hired, but not at all impossible. You'll just need to submit more resumes than you otherwise would. Maybe take a class on resume writing and interviewing, to balance a weakness with some strengths.

    Starting your own business may well be an option- but only if you want to run a business. Running an IT related business is a completely different monster from working as an IT employee.

    I'm actually looking to hire someone with an IT background right now, for a commission based sales and marketing position. It could earn good money, or not, depending on if you make the sales. Perhaps someone in your position would be interested in giving it a shot.

  17. Finding work is hard by MoonlightWolf · · Score: 2

    I understand your situation. I don't know how long ago the felonies are for you but it sounds like they might be a while ago. I am in North Carolina and expungement won't work for me either. I had to go into restaurant work (serving, bartending, then became managers at independently owned restaurants that I was completely honest with when applying for a manager position. Corporate restaurants and companies frown on this and it won't work without executive and HR approval. I have a degree from a good college, about ten years work experience doing everything including IT support, networking, database and systems programming, and management positions and I still could not get an IT job. It has been five years since I committed my felonies (acting stupid one time in your life can cost you everything so a word to the wise, think before you act and if you're too drunk, it's probably not wise to act at all) and if I go to an interview they say everything is great until I tell them about my background. I have been doing some consulting work on the side, helping local businesses out with their computer work and helping fix as many people's computers as I can and doing websites for businesses (it's not what you know, it's who you know). It helps keep me sharp. Recently I have been able to attain a developer position from an independently owned company and am their head developer now through a connection I made doing websites. Also, one of the companies I used to do security with (and they are a medium sized company) is trying to find a way to hire me back as a Systems Engineer but I am waiting to hear back from their lawyers and executives, but this is only because I've worked there before and done well and the president and vice president of the company would like to have me back. You can't imagine how surprised I was to get that phone call after five years of nothing. Realistically, I don't think it will work yet, but I am still hoping. So basically, try for smaller businesses, startups, and in the worst case scenario, start your own business. If is your passion and you keep trying, something will happen. If you need money to live and eat like I did, you will probably have to resort to another field temporarily. But do your best and things will happen. I have extra work maintaining and programming POS systems for restaurants and that field needs some good IT people in it, trust me. If you want to try starting something up yourself, let me know and I will be glad to help with what I can. Be honest with employers, but telling them everything right from the beginning may not always be the best bet, but let your judgement and the other person's personality determine that. Best of luck!

  18. Not a big deal, if handled correctly by Anonymous Coward · · Score: 2, Informative

    As a hiring-manager for IT roles, I'd totally hire someone with a felony from their past. As long as they were upfront about it, and it wasn't a "background check surprise" and they showed real talent and openness. The biggest unfair downside, is that you kind of have to open up about it and share more about your life than you'd probably want to with the hiring manager if you didn't have any previous convictions. That is, you'd have to provide a context for understanding the crime that would make me feel comfortable that I wasn't putting the company at risk by brining you in. I think it's fairly easy, to be honest. Just explain the circumstances, your background, and what you want to do with your life, etc.

    Don't get discouraged! It's definitely something that will stick with you, but I think IT is a great career for earnings / long term potential and while managers have to be security conscious, an *honest* employee who open shares their past dishonest mistakes is a rare treat.

    The employee who applies and is honest about a past conviction is NOT going to the the person who ends up ripping you off. It'll be someone with no priors.

    1. Re:Not a big deal, if handled correctly by hampton2600 · · Score: 1

      whoops. wasn't logged in. this was mine.

      --
      "I don't want to start a holy war here..."
  19. No, you're not barred by MikeRT · · Score: 4, Informative

    A felony can only delay a security clearance because the only relevance a felony has to a security clearance is whether it shows a fundamental character issue making one insufficiently trustworthy. That's fundamentally what they want to find out in a background investigation. Can we trust you? That's why a guy who's 40 with a felony charge for selling drugs but can show he's been a cleaned up citizen for 15 years can probably get a clearance but a guy with no criminal past who's had an affair on his wife or two in the recent past cannot hold one.

  20. As a felon who makes $100k+ in IT.. by Anonymous Coward · · Score: 1

    Yes it's possible! I myself am a felon and I am making great money in a senior position at a wonderful company.

    That being said, you have a tough road ahead of you. You're not going to have any luck with HR departments or large companies in general. Policy is Policy and that's that. Don't even bother. Look for smaller companies or even bootstrap startups where your particular set of skills would be in high demand.

    Don't have a particular set of skills? Stop right now. Teach yourself something you'd really love to do and will be very good at. In order for your criminal record to be overlooked you have to be *great*(not just good) at what you do, and have to be able to prove it. Work with an established Open Source project. Start a blog with useful information and tips about what you're working on. Get on Freenode IRC and answer people's questions. Excel in your field and make people notice.

    If you get to this point you'll find that you'll know a few people working for established and relaxed companies. You should have little trouble finding work, though you may have to start as an independant contractor.

    It's a heck of a climb with an anchor around your neck, but if you genuinely love what you do it's quite worth it.

  21. Re:Why should we let you in? by Anonymous Coward · · Score: 1

    Because some countries actually aim to rehabilitate, rather than just punish.

  22. like all employment problems by phantomfive · · Score: 2

    Like all employment problems, with this one, some companies will not hire you but other companies will. You don't need to work for every company, you only need to find one.

    Different companies have different ideas. I got rejected by four different companies last time I was looking for a job, then I found a sweet gig. No big deal. One company even told me, "you have natural talent, but lack experience." I don't even know what that means, if anyone ever looked at the early code I wrote, they would NOT say I have natural talent.

    My point is, to play the numbers game. If you get in an interview, they ask about your felony and don't hire you because of it, then move on to the next company. No big deal.

    --
    "First they came for the slanderers and i said nothing."
  23. Re:Freelance/Consulting by Wycliffe · · Score: 2

    This is absolutely not true. Any respectable broker will thoroughly vet their contractors.

    This might be true but most of the people I know who freelance/consult don't use a broker.
    If you're good, it's pretty easy to pick up jobs on craigslist, vworker, walking around town, etc..
    and the more jobs you pick up, the more your name gets around.

  24. Everyone is a fellon by r.freeman · · Score: 1

    I couldn't care less about someone just "being fellon", when we (in most "modern" countries) have law system that criminalizes almost anything, even using drugs or other things that do not harm anyone and should not be anyone's business.

    Would care if you would do anything bad if it was serious, e.g. beaten up someone (not in defence), or commitet a robbery.
    Liekly quite some busines owners think in same way.
    Of course if you would for example steal empoloyeer secrets previously, it does not look good.

  25. Re:Security software by Opportunist · · Score: 1

    Who keeps spreading this bullshit?

    A criminal record is a surefire deal-breaker for any kind of security related job.

    --
    We used to have a Bill of Rights. Now, with the rights gone, all we have left is the bill.
  26. A felon with misdemeanor convictions? by Wrath0fb0b · · Score: 1

    OP said: "I'm a felon with several prior misdemeanor convictions".

    Don't you mean a felon with prior felony convictions? As far as I understand (please do correct me if I'm wrong) you cannot be treated as a felon for misdemeanor offenses, no matter how numerous.

    Also, I'm going to give the benefit of the doubt that the statement was just clumsily phrased but even so, the wording ought to be fixed to be crystal clear.

  27. Look for the first job in a 'safe' area by plopez · · Score: 1

    Look for jobs in areas which do not overlap the felony. E.g. if the felony was fraud or embezzlement, stay away from financials. And forget systems administration or network administration, too much access to passwords. You may need to start out doing some sort of tech support, but it does pay the rent while you acquire some references and experience.

    Then try some volunteer work, the real kind not the 'I'm doing it because the judge told me to' kind. My favorite example maintaining we pages is the no kill animal shelter. You need good references and this is a way to get it.

    Also look at smaller companies. They often evaluate people more at the interview level than some HR drone looking at resumes.

    Finally, don't give up.

    --
    putting the 'B' in LGBTQ+
  28. Re:Lie by plopez · · Score: 1

    Lying about a conviction is in most places a felony. So let's just compound one felony with another. Besides it opens up the poster to blackmail.

    --
    putting the 'B' in LGBTQ+
  29. Re:California by Anonymous Coward · · Score: 1

    Don't be daft. They just won't say it was because of the criminal record but they still won't hire him.

    As a convicted felon he want's to know how to get hired in the real world.

    He could offer to work as an independent contractor. They can do a background check on his LLC and nothing will turn up.
    Or he could offer to post a bond to protect the company to show good faith.

    It will still be a rough hike. Compared to prison though it should be pretty easy.

  30. Depends on the felony by sdxxx · · Score: 1

    The misdemeanor convictions likely won't hurt your career, but depending on the nature of the felony you might have a hard time. For example, I've seen a felon with a computer fraud and abuse conviction get all kinds of great job offers. Conversely, at my company we tried to hire someone who had been convicted of murder and served his time, figuring he'd paid his debt to society and that this was now irrelevant, but our hiring decision was overruled by the legal department. Finally, there may be specific felony convictions that prohibit certain job functions. E.g., if you've been convicted of any kind of embezzlement, you may be barred from jobs that involve managing government grants. Sex crimes obviously carry a huge stigma. And though the drug laws are a bit out of control, I'm not sure how bad drug convictions, at least if you aren't working with kids. My company is required by federal law to be a "drug free workplace," which forces us to sign documents, but the content of those documents isn't as restrictive as you might think--basically we have to agree not to use, possess, or distribute drugs at/during work, but what we do on our own time off company property is our own business. A past drug conviction wouldn't be a problem.

  31. Re:Freelance/Consulting by Overzeetop · · Score: 1

    Perhaps; but unless you're working for someone with black projects, deep pockets, or a paranoid legal department you'll be offering your services as XYZ corporation and corporations don't have criminal records.

    --
    Is it just my observation, or are there way too many stupid people in the world?
  32. Yes by lymond01 · · Score: 1

    You would need to get a little lucky and also have the chance to explain what's changed since your crimes. Find a smaller company where you can talk with someone who won't dismiss you because they have 200 other job candidates without your issue.

    But remember that IT work generally revolves around security. And this makes it a job where trust is paramount. Convince an employer that your past was due to youthful exuberance and not a character flaw (you'll want to provide examples of other's trust in you), you will likely do fine.

  33. Re:My Advice by BarbaraHudson · · Score: 1

    "The great thing about the tech industry as that it is pretty easy to start your own company."

    And the bad thing about the tech industry is that pretty much anybody is your competition, due to low barriers of entry.

    Unless he's got a decent amount of working capital so that he can afford to take the time to get established, good luck with that ...

    --
    "Transparent" is a shit show that trades on every stereotype going. A man in drag is NOT a transsexual.
  34. Check in with the people at WeAreAllCriminals.org by 1stumpy · · Score: 1

    Check in with the people at WeAreAllCriminals.org -- they might have specific guidance for your situation.

  35. Re: Own up to it right away by RIAAShill · · Score: 1

    Well, you can't really know that unless you apply, can you? If it's true that all the insurers out there are saying "no convicted felons in your IT workforce, ever," then whether you are honest about your background or not you probably won't get the job. Other than the time spent preparing a personal statement (an exercise you claim is pointless), you don't really lose anything by being honest. Unless, of course, you think it is better to "trick" someone into employing you, which probably isn't a strong basis for a successful career.

  36. He did not mix up felonies and misdemeanors by mschuyler · · Score: 1

    He said he had both. "I am a felon with several misdemeanors." He may have been unclear, but he did not mix them up.

    He also did not enumerate any of them. That doesn't automatically mean they were for non-serious crimes and has nothing to do with the fact that the US has some idiotic laws on the books that can make felons out of "really nice people." This "poor baby, I'm so sorry you live in the US" crap just turns criminals into victims.

    He had at least one felony and several misdemeanors in his background. That points to some sort of "life of crime" that is likely more than youthful indiscretions. Without more information we can only speculate what those were. This is information OP has not provided, perhaps willfully, as the type of crimes would surely would surely influence our answers.

    When a company does a background check, they get back more than just "1 felony, 3 misdemeanors." They get back what he did. And if they don't want to hire him under those circumstances, they may have very good reasons.

    Sometime what you do actually does influence your future. But "He was just turning his life around" is a stock phrase in nearly every article about yet another arrest. What you do shows your character, and if that messes you up, that's really too bad, but tough.

    --
    How about a moderation of -1 pedantic.
  37. Out The Back Jack by JimSadler · · Score: 1

    There are many places more wonderful to live than Ohio. In Florida when the job market is tight even a minor misdemeanor can jamb you up for life as far as almost all companies are concerned and it doesn't matter what skill or trade you are in. But you can be elected to Congress and fit right in.

  38. Self Employment by MagickalMyst · · Score: 1

    One way is self employment.

    If you run your own business then you shouldn't have any issues hiring yourself.

    --
    Political correctness is really just herd psychology pushed by insecure people who desperately seek social conformity.
  39. The line between felony and misdemeanor by sjbe · · Score: 1

    However, there's a big difference between a felony and a misdemeanor, depending on the crime.

    Often there is very little or very illogical differences. In many places a teenager voluntarily sending a picture of themselves without clothing to someone else counts as a felony (considered child porn) whereas an adult doing the exact same thing to the exact same person for the exact same reason would not be considered a crime at all in some cases. In fact the teenager in that case may get the privilege of registering as a sex offender for the rest of eternity even if the picture was just sent to a boyfriend/girlfriend. It's absurd but it happens. The line between felony and misdemeanor is an often arbitrary and capricious one and not all felonies are particularly serious crimes.

    That said, if someone is a cocaine addict I definitely wouldn't want him or her in my organization, especially if he had access to valuable information or resources that he could sell to pay for his next week of fixes.

    That's an awfully broad brush you have there. I have an alcoholic who works for me. Served time in prison because of it and lost his driver's license for over a decade. He's been sober for some years now but he'll always be an alcoholic. He's a good worker, nice guy and very reliable. He just had a problem with addiction. You could easily substitute alcohol for cocaine and the situation would identical. Just because someone has/had a problem with substance abuse does not mean they cannot ever be trusted again. They have to prove they can handle the responsibility but a blanket ban against people who have had a problem in the past is needlessly harsh. You have to address it on a case by case basis.

  40. I've never had a background check by Anonymous Coward · · Score: 1

    I've been able to be an IT consultant, and the topic of background checks never came up. I don't work for big financial customers of course, mostly with small and medium sized businesses. But the gigs pay pretty well, I ended up setting it as a sole proprietor rather than do anything fancy with LLCs. I do pay a lot of taxes but I'm able to charge enough to make a decent living.

    1. Re:I've never had a background check by ArhcAngel · · Score: 1

      But as a sole proprietorship if you get sued you can lose everything you own. A LLC buffers you from them taking your personal assets. Of course we all say why would I ever be sued? I do great work. Then you encounter someone who makes their living off of suing. I wouldn't risk it.

      --
      "A person is smart. People are dumb, panicky dangerous animals and you know it." - K
  41. So are you trying to say... by pem · · Score: 1
    that the other political party in the US doesn't really believe in forgiveness?

    Whether you believe in punishment by the state or by a higher being, whether you believe in the death penalty for chewing gum, or don't believe in it for murder -- it doesn't make sense to not kill somebody, to let him out of jail, and then to make it impossible for him to earn a decent living.

  42. Test yourself for drugs by sjbe · · Score: 1

    Drugs you can show completion of a program, swear you've been clean for two years, have testimonials from your preacher, rabbi and yoga instructor.

    Better idea is to voluntarily test yourself on a regular (monthly?) basis. I know doctors who do this so that in the event of a lawsuit they can prove that they were not chemically impaired. If anyone questions them then they can produce a multi-year stack of clean drug tests.

  43. There are other ways... by redwraith94 · · Score: 1

    1. Start your own company, no one runs background checks on a company owner, you are just automatically granted a certain amount of respect, and clout, even if your sales are $0 per year.

    2. Black, White, Grey. There are many hats; choose your color.

    --
    I art more snarky, and terse than thou. I art Slashdot!
  44. Don't give up hope by NormalVisual · · Score: 1

    While many places will pass on the basis of a felony record, one of the best Java guys I ever worked with had a felony assault conviction from about five years prior after a guy started a bar fight. He was a contractor when we met, was hired by the company we were doing work for, and hasn't seemed to have too many problems finding work. He was also very up-front about the conviction during the HR process.

    --
    Please stand clear of the doors, por favor mantenganse alejado de las puertas
  45. Felons can be teachers and child care workers, too by Antique+Geekmeister · · Score: 2

    It depends profoundly on what the felony conviction was for. I'm afraid the fact that you asked a very vague question and expect a somehow useful answer is, itself, a much stronger indication that you do _not_ belong in IT. Expecting a useful answer from such a vague question is not a good engineering approach, especially in IT where incredible resources can be wasted addressing unspecified requirements. I'm afraid that, if I saw your resume after this, I'd reject it on the grounds of the horrible question without even having to consider the felony itself.

    I've met people with drug convictions and who practice medicine, after treatment and with regular blood tests. I even knew of a child care worker with a kidnapping conviction. (She helped hide a mother and children from an abusive father under extraordinary circumstances.) And if "expunging" is not available, perhaps a pardon is feasible: Ohio apparently can seal court records with a pardon, though it's not automatic.

    So a conviction is not necessarily career ending. But without more details, the question is too vague to be usefully answered.

  46. A felon with misdemeanor convictions by Antique+Geekmeister · · Score: 1

    Because they also show up on the background check, and establish a pattern of ongoing illegal activity. A felony conviction for vehicular manslaughter, on New Year's Day coming home from a celebration, with no history of drug or alcohol abuse, can be described as a single tragic event. A vehicular homicide after a long history of DUI convictions and failed treatment programs means a real addiction risk: it's just the sort of thing that background checks should detect.

  47. Third grade by tehlinux · · Score: 1

    *May* he

    --
    Most linux users don't know this, but the man pages were named after Chuck Norris. Chuck Norris fsck'ing hates noobs!
  48. similar situation by Ahnahmoley · · Score: 1

    So, I had just got out of the military and was a little mentally unstable, nightmares and some ptsd related issues(which resolved now no thanks to the VA or Navy. My wife and I were on the verge of a divorce. During a shopping trip I snapped in public and even though she wasn't injured and her 14 year old daughter didn't see it but was present for the incident I was smacked with a felony domestic violence charge. At sentencing I tool a plea that dropped it to a misdemeanor at sentencing so for all intents and purposes I am not a felon but close enough. I did two weeks of an ankle bracelet and now I am on probation for up to 3 years and no promise of expunging was made. I was in process of getting my certs but I stopped because I don't think anyone will hire me with a misdemeanor. I can't fall back to nursing because healthcare doesn't hire convicts either. I didn't use a weapon. I didn't steal. It wasn't premeditated. No drugs. NO PRIORS not even a speeding ticket. In fact just before my military service I was an intern at LAPD doing crime analysis. Anyways, she hit me in the face then snatched my glasses off my face anf smashed/stomped them on the ground then got in my way when I tried walking away while she was talking. and the DA, even with pictures and video evidence didn't pursue her at all. Yeah. I came here for advice and instead the threads are filled with politics and speculation. I'll take some well thought out or merited advice. P.s. I was going to grab A+, get network+ and then go for CCNA and try to land a decent job. My new idea was to finish a 4 year degree since in 3 years I can attempt to expunge.

    1. Re: similar situation by Ahnahmoley · · Score: 1

      I don't know what happened to make this a brick of text. I wrote this from my android phone. Sorry.

    2. Re:similar situation by ILongForDarkness · · Score: 1

      Don't the boxes usually ask if you've been convicted of a felony? If so you could answer truthfully no. I'm not in the US but oddly I've only had a background check for when I was in the military and when I worked in a factory. Since starting work in IT even at hospitals etc I've never even been asked to check a box.

      I think those that do discriminate based on criminal background do so just to cover their ass. They don't want to be the one that hired the guy that had previous convictions and now went on a shooting spree in the office. It's a matter of due diligence: the standard magically changes after something bad has happened. A otherwise good guy becomes an "obvious bad hire" after they do something that lands you in the papers.

    3. Re: similar situation by Ahnahmoley · · Score: 1

      So far, it's only been two weeks since I got "free" from my two weeks of home detention and with the 4 applications with résumé I've put out, 3 of the 4 asked if I'd been convicted of a crime. 0 callbacks. Those 3 are mass hiring companies that have a high turnover and one of them I was willing to take something lower than a CNA position even though I've experience as an LPN... With references put in from their company that have my back. So far I'm seeing people immediately dismissing me just on the basis I've committed a crime. 6 months ago, where that'd be the ONLY thing that's changed, hospitals and clinics were calling me nonstop. It's unbelievable how much that one checked box messes the screening. Maybe I should just lie.

    4. Re:similar situation by readin · · Score: 1

      My advice is to look at small companies rather than large companies. Large companies are likely to have policies in place and you're not likely to get the CEO's attention for an override.

      At a small company they may not have a policy. Or maybe if you impress the guys interviewing you enough they might just bring in the president of the company to see if he'll let them make an exception.

      Since you mention that you had just gotten out of the military, you might look around for a program (even at a large company) that helps vets get back into civilian life. I worked on a project at a large company (on a contract with the Army) that was bringing in vets who had been seriously injured. Maybe there's something out there for vets who had emotional issues as result of combat.

      --
      I often don't like the choices people make, but I like the fact that people make choices. That's why I'm a conservative.
    5. Re: similar situation by ILongForDarkness · · Score: 1

      Maybe consider immigrating: Canada were I live I've been asked exactly twice: once for when I joined the army and once when I worked at a furniture factory in the summer. All my professional jobs didn't ask. Anyways, the US beats China as a police state there are much more liberal/accepting societies out there in terms of giving previous convicts the benefit of the doubt. That said it might be an issue getting residency/work visa: funny (in a sad way) that we don't care if you are from here and a felon but if your from somewhere else (where they do a really good job of manufacturing felonies) we do. Mah, anyways look around including not in your own country/telecommuting work etc.

  49. Try the Non-Profit Sector by conoviator · · Score: 1

    I suggest heading to a large city where there is more competition for IT professionals. In those cities, non-profit organizations have a difficult time competing for talent. You would likely have a better opportunity to resume your IT career in that sector. Then, once you have some stable years behind you working in IT, you can merge back into the general marketplace. Another good suggestion mentioned by another commenter is picking up jobs via Craigslist. Many of my own projects have been gained via that avenue. Good luck to you.

  50. Normally, felons should seek employment .... by sgt_doom · · Score: 1

    ... at either JPMorgan Chase, Goldman Sachs, Bank of America, Wells Fargo, Citigroup or Morgan Stanley. If they aren't too bright, they try the TSA, which has a track record of hiring felons, although they tend to bust them frequently for pilfering luggage. (If you think I jest, look it up!)

  51. Can't you still be a felon... by sgt_doom · · Score: 1

    ...for purchasing vibrators in six or seven states?

  52. And a similar argument .... by sgt_doom · · Score: 1

    ... after having saved this law firm in Seattle, Bogle and Gates, some bucks when I was an IT contractor there, I applied for a position which opened in their tech support department. For some peculiar reason, instead of hiring me, a tried and true quantity, they opted to instead hire a woman who had been fired from two previous jobs in San Francisco --- for embezzling.

    One day the partners arrived at work to find all their operating funds had disappeared, and today Bogle and Gates is no more since they dissolved the firm without any operating funds to continue on. (Maybe crooks hire crooks, after all, considering who that Gates was the grandfather to?)

  53. Re:Felons can be teachers and child care workers, by conoviator · · Score: 2

    A vague question posted to Slashdot isn't a _strong_ indication of anything other than perhaps being new to Slashdot. No doubt, more details will garner better responses. But, there's no reason to be harsh.

  54. That is sooo kewl, you linked Northrop Grumman ... by sgt_doom · · Score: 1

    ... since that defense corporation is majority owned by the Bush family and James Baker.

  55. Which is why Norway is the most powerful by Brannon · · Score: 1

    and wealthy country in the world.

    1. Re:Which is why Norway is the most powerful by Rich0 · · Score: 1

      and wealthy country in the world.

      I'm sure the typical American feels SO much better off than the typical Norwegian. And by typical I mean the 90% of Americans who struggle to stay employed, not what you get when you average Bill Gates with 10,000 homeless people.

    2. Re:Which is why Norway is the most powerful by Your.Master · · Score: 1

      Powerful is one thing, and unclear whether it's an important thing.

      Wealthiest? Not quite, but it's up there and it beats the US, which is the only country it was being contrasted against:

      http://www.worldatlas.com/arti...

  56. Top Management by mtrachtenberg · · Score: 1

    Two words: Top Management.

  57. If it has been seven years since conviction by Hey_Jude_Jesus · · Score: 1

    Move to California, The law doesn't allow most felonies to be considered unless you're a sex offender. I have a family member that is a convicted felon and he has worked for himself for 40 years. He was a convicted as a teenager of federal felony fraud for writing bad checks at Yosemite NP.

  58. Representation and voting are two different things by perpenso · · Score: 1

    Aside from the fact that it's fundamentally incompatible with democracy, wasn't a huge part of the American revolution the idea that there should be no taxation without representation? Those felons are taxpayers, aren't they?

    Technically representation and voting are different things. Representation means you have a person in the legislature representing you. Someone you can go to and share your grievances with. Voting means you got to pick that person.

    Also be careful with found father era references. In those days in some jurisdictions only landowners could vote. Like today's felons, the non-land owners in those jurisdiction were represent, they could speak and correspond with representatives, but could not vote.

  59. There's still hope! by l0n3s0m3phr34k · · Score: 1

    I know people who have been in similar situations. Burglary II, felony in 1995. Stole a bunch of equipment out of Bell yards, got busted. At first, it was very difficult. Going through contracting companies was the only option. Manpower, CDI, Staffmark...I know Manpower Professional will still put you out for contracts even with a more recent felony, they ONLY tell the client IF specifically asked. Be totally honest with these contracting companies, they will play the HR game for "your side" and after a few short job's they seem to not care once you've proven yourself.

    Ironically reminding the contracting companies about the felony can firm up trust, one friend was put up at a Capital One call center via Manpower so they called their rep and told them "It's in my application, I can't pass a fingerprint check" so they just replaced him, still paid him AND found another position. But it takes time. Most applications at most companies I've seen will only check 7 years back. The form might say seven, ten, or whatever years...or might say "Ever". But the actual check itself only goes back seven. Just carefully read the forms, eventually you'll find various places that you can legally avoid having to put it down. Often places will have it on the paper work but never actually read it; scribbling it on the lines where it's barely legible MIGHT have worked...yet many companies never actually read over all 20-50 pages of paper work outside the I-9 / w-2 stuff.

    The advice about "your own company" is HIGHLY RECOMMENDED, even just as something to fill in employment gaps in your resume. Even if it's only working on Hypervisor in your home lab, re-branding yourself is crucial. When all my friends where starting out in IT, we often had a "default" company we would cover for each other with for work references since we actually did know each other's capabilities. Basically put the type of work you WANT in the "experience" of your own business, tell people it's your i-9 contracting company...as long as you actually know how to perform what you wrote down (or can learn fast) you CAN recover.

    Dude, it's a LONG HARD ROAD. There might be times your working at fast food, remembering the days of your company laptop. You might have to work call centers for awhile; some have more "technical" positions too. You just have to wait for the heat to cool off, pay off all your fines, and work what ever shit you can until you get to the 7 year mark. Stay clean, no more charges, keep all your ID's up to date and a bank account open. Most importantly, GET REAL HELP if there is a reason behind the felony. People will forgive you if you really do try to fix whatever behavior lead to the felony...if it's something like that but TFA doesn't really say. DUI, go to ALL the treatment courses, get into and STAY in AA or SOS or something; show the HR people you've got a handle on what lead you down the road of crime. I've seen MANY people with undiagnosed ADD get into tons of "stupid" legal trouble; a few of them got adderal treatment along with behavioral therapy and are back in the "corporate world". They really did analyze themselves and make a change; since the felony often points to a deeper problem internally you've got to FIX that if you want to be accepted back into civil society.

    Good luck, and godspeed. You'll need it, and you'll need the social support of your friends. Eventually you might turn the felony around into positive PR, aka street cred!

  60. I employ two felons by Anonymous Coward · · Score: 1

    I work at a Fortune 500 in Manhattan, and over the past decade have hired two convicted felons. Both of them had records from more than a decade ago, and both had work experience in the field. One is now a senior engineer, and one is a manager of engineers.

    Half of the challenge in employing them was getting the approval of the company to hire them. It wasn't that unlike justifying getting an H1B for someone though: prove that the people are uniquely qualified, and the system just functions. The hard part, once that was done though, was convincing the employees that it was ok to apply. They faced a long-held belief that they could get a lot of the way through an interview process, but then have their hopes dashed later on. Because I was upfront with our HR team in advance though, I knew it was going to be ok. That doesn't mean they had an easy time accepting it though.

    In the end, the two of them now have 8 years between them within the company, and their peers are none-the-wiser. Even other managers of theirs never know, it now just lives as data in their hr file.

  61. Re:Crimes? by l0n3s0m3phr34k · · Score: 1

    you'd never even get into the classes needed for a pharm tech lol. But a drug conviction like you say is probably one of the easiest to explain; you can easily show a paper trail of rehabilitation to satisfy HR. You might have some issues being a PC tech at a hospital; but knowing their hiring practices here locally and all the nurses also abusing (and getting busted) for stealing meds it seems it might actually help get a job there.

    Theft is really the board line. But if you can sum up the felony in a sentence or two, laugh it off, then often you can blow right past the HR drone's shields LOL. The Morgan Freeman line off "Universe" always works..."when I was a boy"..."I did this bad thing with XYZ". Trick the drones into "ignore" mode, confuse them with messy paperwork that only shows up AFTER you've already got a tentative offer...

  62. Yes, you can. by rwilkins · · Score: 1

    I've had a past which involved the legal system due to technical and interstate financial crimes. That past was about 23 years ago. What people want is to see that you've reformed. They want to see that you're honest. They want to see that you're not the risk or liability that you once were. Time will make the difference here. If your last transgression was 6 months ago then you are going to have problems. If your last transgression was 10 years ago then you likely don't pose the same problem that you did before. Small steps in improving yourself will show potential employers that you have changed your life direction. You need to be able to show a prospective employer what you've done to improve yourself. I don't know what you have been applying for, but for what it's worth, I've been able to work without issue in sensitive job environments as a contractor for various well-known government agencies. My past has never held me back in this regard. The important part is that I was honest and up front with what I had done. Being honest conveys accepting responsibility for your actions and realizing that what you've done is unacceptable to society. There is a book that I recently finished that was written by a long-time acquaintance of my family. This acquaintance spent a few years as a guest in state and federal prisons for various felony accomplishments. The book is written primarily for the ex-offender to change his or her life course. However, there is a lot of good information generally in the book that is applicable to a wide range of people and backgrounds, ex-offender or not. For instance, this guy went from prison with felony convictions to being a corporate aircraft pilot to starting an Internet Service Provider and acting as the company's CEO before selling it. He steps through what he's done to improve himself, how things have worked out, how people have responded to him, etc. It's available on Amazon for something ridiculously inexpensive like $3.99. The book is called "Slaying the Dragon - The Journey from the Dungeon to the Ivory Tower" by David J Koch. It may help you in your journey. I should mention that I receive no compensation or anything else for suggesting the book. My motive is purely from coming from a similar background as yours and having this acquaintance with the background and the life accomplishments that proves a good career and life can be had if you're determined enough.

  63. Re:Crimes? by Cederic · · Score: 1

    Surely a drug dealer has a good grasp of running a business - supply chain logistics, negotiation, customer service, building demand for product, basic book keeping..

    Lots of useful skills there.

  64. Be one of the best by Iamthecheese · · Score: 1

    Work free as a volunteer for any of the worthy nonprofits that need such help, and become known for your excellent work and professionalism. There's a good chance you'll get a recommendation that will drown out any doubts.

    --
    If video games influenced behavior the Pac Man generation would be eating pills and running away from their problems.
  65. Re:Representation and voting are two different thi by Rich0 · · Score: 2

    Aside from the fact that it's fundamentally incompatible with democracy, wasn't a huge part of the American revolution the idea that there should be no taxation without representation? Those felons are taxpayers, aren't they?

    Technically representation and voting are different things. Representation means you have a person in the legislature representing you. Someone you can go to and share your grievances with. Voting means you got to pick that person.

    So, why couldn't all those colonialists send a letter to an MP back in England?

  66. So I'll suggest something I've not seen yet... by IANAAC · · Score: 1
    in the comments.

    Do you have an indian reservation nearby? I have two near me and I've seen the same IT positions (a DB admin and a sys admin) available for the last two years for one place.

    Now, I can't speak with any authority, but reservations around here operate as sovereign territory and don't play by the same local/state/national rules. So it could be that a past felony might be OK. It's also entirely possible that they would reject you because of your felony, but it's an option worth checking.

  67. Opportunity for Independence by Scarletdown · · Score: 1

    My suggestion would be to take this as an opportunity to transcend the need to work for the enrichment of someone else and go off script.

    If you have IT skills, take the time to step back and determine ways you can put them to use for your benefit without having to be a wage slave. Granted, you may need to go ahead and take assorted crappe jobs for a couple years while you build and save the means to strike out on your own, but that is a small sacrifice to pay for long term independence.

    The 21st Century is rife with means for enterprising individuals to break from 19th and 20th Century tradition and live comfortably ever after without having to rely on anyone but themselves for employment.

    --
    This space unintentionally left blank.
  68. Once time served, crimes should be just footnotes by lamer01 · · Score: 1

    In this country too many things that are not serious are midemeanors or felonies. We need new classifications for these crimes. 'Fellony' just doesn't convey enough information. Most crimes fall in a very narrow spectrum of offenses. Violence, Theft, Fraud, negligence. I think for violent crimes, you are up the creek, very few businesses would take a chance on that. Depending on the business, Theft, Fraud and negligence could be ignored. Of course, this is my utopian view of how it should be. In the US unfortunately, a conviction is like a permanent stamp.

  69. criminal background check by IT.luddite · · Score: 1

    Aka personnel risk assessments generally are time limited. My employer (for various reasons including the drafter, me, thought a forever check was asinine), limits checks to the previous 7 years. There is also an exception process for those that do 'pop' that includes a specific assessment of risk for the hire/employee to have a sensitive position. Depending on the conviction (fraud/theft is more of an issue w/ a trust based position), you just need an inside advocate, as hard as that may be.

  70. Re: Depends on the Felony. by sudon't · · Score: 1

    Depends on the felony. You can get a felony for having too much weed on you. There are many "crimes" which sensible people realize shouldn't even be a crime, some of which are felonies.

    --
    -- sudon't

    Air-ride Equipped

  71. Hay Homie by LifesABeach · · Score: 1

    You have tried to work with them, now work for yourself. Stop talking about prison life, no one cares. Offer your services as a software contractor. No applications to fill out; just your ablility to do the job. Do the job, get paid, pay your straight time taxes. Move on. There's plenty of work, but no jobs. Keep the paper work, do the paper work; then see what happens next.

  72. Re:California by sudon't · · Score: 1

    Simply because there are laws against types of discrimination, doesn't mean employers don't discriminate. If you're looking at two résumés, both equally qualified, some kind of discrimination is going to come into play, whether regarding race, gender, criminal history, etcetera... You simply can't be overt about it, and I suspect much of it is unconscious, anyway.

    --
    -- sudon't

    Air-ride Equipped

  73. Re:Character issue by __aaltlg1547 · · Score: 1

    In this instance, they're looking at patterns of behavior. A man who has cheated on his wife is likely to do so again, and the government thinks that cheating on your wife is likely to indicate a propensity to cheat in other contexts and to have trouble resisting sexual temptation, which is one of the most common way that people are persuaded to give up secrets. Blackmail is another.

    It would be nice if the government published studies of risk versus risk factor. How important is a felony conviction or an affair or having smoked pot as a predictor of security risk? I think companies would like to know, but who's got the stats to say what is or isn't a serious risk?

  74. I'd hire a felon by LukeWebber · · Score: 2

    ... ahead of a smoker. Or a PHP developer.

  75. The question asked... by Ronin+Developer · · Score: 1

    Is often "Have you ever been arrested?" and "Have you ever been convicted of a felony?".

    If you answer "Yes", the next question is often to describe why you were arrested and whether you were convicted.

    If it's a juvie record, you might not have to answer.

    When and if you are hired, they are putting a lot of trust in the hire. For positions that demand that level of trust, a hire is unlikely. For others positions, they might hire and you'll have to prove yourself as not being a risk. Evenually, if you stay clean, most will forget your earlier transgressions. Keep your performance evaluation as they will help you in the future if hired.

    Good luck!

  76. Re:Representation and voting are two different thi by AK+Marc · · Score: 1

    . In those days in some jurisdictions only landowners could vote.

    And in practice, only white males could buy land. It wasn't an "open" marketplace for land with everyone bidding on land on an equal basis. If you were selling land, you'd not sell to the Chinese or Irish. Or your next home would be at risk of burning down accidentally.

  77. why by cas2000 · · Score: 3, Interesting

    why are americans such judgemental pricks?

    when you've done your time, you've done your time. that should be the end of it and, aside from some very limited cases like not letting pedos work with kids, discrimination against former criminals should be illegal....even a fuckwit yank should be able to figure out that if ex-crims can't get jobs and have no choice but crime to support themselves then that's what they'll do.

    1. Re:why by Anonymous Coward · · Score: 1

      A client told me of working at a large tech recruiting company and interviewing a candidate with excellent sysadmin skills. He'd done very well on their intake screening and now the question was "where did he get those skills?" along with the 8 year gap in his resume.

      Turns out you can make a nice niche for yourself at Folsom prison if you manage their IT infrastructure. You're supposed to disclose any criminal record on the job application but it hadn't gotten to filling out the paperwork yet. What he told her as to why he was incarcerated freaked her out so much she excused herself from the room. She *ran* to get her boss and told her she refused to go back in that room and why. The boss ended up completing the interview and more or less telling the guy "We can't help you. None of our clients would hire you."

      Now the advice in this thread has been to hang up your own shingle as an IT consultant or start with a PC repair business in a small town. Or to find an agency that's not so scrupulous about background checking. Or network and talk to small business owners who need part-time IT work and collect a bunch of them. It's a valid business model.

      I had my own issues explaining a 10year gap in my resume where I ran my own business in an unrelated field. I still do that business on the side but explaining the gap to account managers was hard. They only see the skills their clients want and are willing to pay for and their reputation. Someone like me who may not have had exposure to Virtualization 10 years ago but I was able to pick it up in couple weeks evaluating Xenserver and VMware. Or learn puppet.

      Imagine this guy with 8 years experience "on the inside" doing time for child molestation has to deal with. He's more or less unemployable in large cities where all the tech is concentrated.

      Food for thought.

    2. Re:why by halivar · · Score: 1

      you've got more guns and more violent crime than anywhere else but you're trailing the world in pretty much everything else. i wouldn't even want to visit your fucked up fascist police state of a country, let alone live in it.

      So what you're saying is no, you would not like to spend 8 hours a day sitting next to someone with a history of violence?

    3. Re:why by mi · · Score: 1

      the fact that the law permits such discrimination is the problem

      Ah! So you've identified one more thought-crime, that you'd like American government to prosecute...

      As they say, Statists gonna state.

      Please, don't hate...

      --
      In Soviet Washington the swamp drains you.
  78. Consider that possession of weed can be a felony, by Press2ToContinue · · Score: 1

    and that this will probably soon change, you'll realize how quick we are to judge others without due consideration for the individual.

    --
    Sent from my ENIAC
  79. Interesting by kilodelta · · Score: 2

    Misdemeanors shouldn't even show up on a criminal record. Only felonies. But then you did say you're in Ohio and they have one of the more archaic legal sysems in the U.S. Time to get the hell out.

    I suggest you have an NCIC check done - if nothing shows up there just move to another state that isn't as ass backward as Ohio and you'll be in the clear.

    I say this because I know in most states the look mostly at NCIC but in some places the look at the state BCI. Thing is, NCIC only records felonies not misdemeanors. So it looks like those rejecting you are running state BCI checks.

  80. Small companies by readin · · Score: 2

    I suspect (I'm speculating though) that most large companies have policies in place that prevent hiring of people with criminal histories. However small companies and start-ups are often more free to make case-by-case decisions. My one datapoint is having worked for a small company with an excellent programmer with no college degree. When I started at a large well-known company he asked about working there as well. I recommended him to my boss who told me they had a strict rule - you need a college diploma to work there.

    So look for firms of less than 200 employees where you have a decent chance of the top guy finding out about you and overriding any policies in place (if there are any).

    --
    I often don't like the choices people make, but I like the fact that people make choices. That's why I'm a conservative.
  81. Followers exist across the character spectrum by MikeRT · · Score: 1

    You'll find followers in every part of the character spectrum. Hell, even MS13 probably has a ton of follower personality types in it. Character is orthogonal to personality type.

  82. Re:Lie by tnk1 · · Score: 1

    Doing that could get you fired, and for gross misconduct to boot. Gross misconduct might deprive you of unemployment and COBRA benefits. Usually it gets avoided so there's no need to prove that in court, but it is simple to prove in the case you lied on a form and they caught you out.

    If he's truly desperate, he could try to lie, but I seriously advise against it. If you like working in IT, you don't want to piss off the people you work with like that. Word gets around. Even in big towns, people in IT frequently see each other again.

    I would tend more towards getting in the door in some indirect way where they don't conduct the background check or can somehow be convinced that it isn't a big deal. There are some places that would at least listen to you, if your position isn't particularly sensitive.

    Our company does do background checks, and I ensure all my admins are checked. We have responsibility for credit card numbers and it is part of our information security program to get them done. I can't say if the check will definitely find his felony, but I can tell you that if he lied and it did, I'd immediately fire him. It's one thing to be a past criminal who has served your time. It's another thing to be a past criminal who is still lying. It tends to reinforce the idea that you can't be trusted.

    I have sympathy for his position, be he needs to not lie about it. What he needs is a situation where someone will accept his explanations and character references or for the question to not come up. People fudge things all the time, like their skills or education, but this is not something you can fudge and have it not come back to haunt you unless you are very lucky.

    I'd might suggest he consider being a developer. You might still get checked, but usually the only people who *need* checks are administrators who have production access. That's why we do our best to lock down production and keep everyone else out. That allows the rest of the company to not have to deal with crazy audit and checking requirements. All you have to deal with then are your change control process and tests. Since there is the expectation that we can't trust code that goes in, we don't have to trust the developers completely. I'm not sure how viable that is, but it could work.

     

  83. IT by DaMattster · · Score: 1

    For what it's worth, IT is not what it is cracked up to be. It is one of those careers that looks better from the outside, looking in. Granted, my experience is jaded and I'm autistic so I don't function well in an office environment. Have you thought about a career driving an 18 wheel semi? The reason I ask is that many companies don't care if you're an ex-con and the money is VERY VERY good. After 13 years of being in IT, the most money I made is 75,000.00 a year and I worked 90+ hours per week plus on call time. I felt as if I was only noticed when things went wrong and I got absolutely sick and tired of dealing with people who think that computers should be perfect. Furthermore, I got sick of being penalized on performance reviews for not making improvement suggestions. Every time I made a good suggestion, the answer would be "let me look into that." As a rookie truck driver, I'm earning 65,000 a year and my cubicle is an 80,000 lb semi with satellite radio, GPS, and a few other bells and whistles. I get quarterly fuel and safety bonuses and I can get pretty much routed wherever I want to go. Since it's cold and snowy up north, I've requested routes that take me through the desert southwest. If I could turn back time, I never would've gone to college - I would've gone straight into a tractor trailer training school. Also, contrary to popular belief, truck driving has challenging moments and there is almost rarely a dull day. :-D

  84. Broken thinking by s.petry · · Score: 1

    I'm not a feminist, nor am a a misogynist. I have no problem attacking either when necessary, and in this case your claim is absolutely false.

    The reason a person who has committed adultery can't get a clearance (or at least has a greatly reduced chance) is that it demonstrates dishonesty and disloyalty. A women guilty of cheating on her husband would have the same issues, so there is no gender bias.

    In all cases, assuming you are completely honest with investigators you might still possibly get a clearance.

    --

    -The wise argue that there are few absolutes, the fool argues that there are no probabilities.

  85. Suppliers that check principals for felonies by tepples · · Score: 1

    If you can't find someone to hire you, start your own.

    Unless the suppliers of the business you would start refuse to deal with a business owner who has 1. no management experience, 2. felonies, or 3. both.

    Corporations don't have criminal records

    Their principals do.

    and unless you are working for someone who screens your employees

    Plenty of suppliers screen their clients. For example, a distributor screens the retails that sell its products, and a game console maker screens the developers who make software for its platform.

  86. I'm a felon also by Anonymous Coward · · Score: 1

    I'm a felon also. It is a long hard uphill battle to find employment. I had to bust ass to get where I am today, hard laborious work. Now I am in a managerial position, I have 6 guys I employ and all have colorful pasts except one. I trust them, just like my boss trusts me. Trust and respect is earned overtime. My best suggestion is to keep trying. Opportunities will come. I know how difficult it is to start over, and the struggle even to get a stupid drivers license.

    I work in IT also, for an industrial company. You might start there. In my state felons can still get licensed and bonded, so you might get a contractors license. The bond might help with the voodoo felon shit.

    Best of luck

  87. Title VII of the Civil Rights Act of 1964 by xanadu113 · · Score: 1

    According to the EEOC (Equal Employment Opportunity Commission), blanket policies against all felonies are discrimination, under Title VII of the Civil Rights Act of 1964.

    EEOC Enforcement Guidance

    Blanket policies are racially discriminatory.

    That being said, if you're caucasian, you probably won't be able to get anyone to pick up the case. The ACLU won't touch it.

    The felony is only supposed to be discriminated against if it affects the job position, i.e., if you rob a bank, you shouldn't be allowed to work in a bank, etc.

    They also ban felons from getting professiona licenses (such as a plumber's or electrician's license), getting SNAP food benefits, TANF benefits if they have kids, student loans, etc. Unless the state has passed legislation opting out of the ban, like many have.

    It's not right, felonies weren't meant to become life sentences in most cases, but this has the effect of becoming a life sentence. And they wonder why people return to crime... it's because they have no other means of supporting themselves.

    Seattle,WA passed a law making it illegal to ask about felonies until you've been given an offer of employment.

    --
    -Myke
  88. As Don King would say "Only in America!" by King_of_the_Poconos · · Score: 1

    After 9/11 the law was changed to allow for unlimited background checks instead of the former previous 7 years. So 20 years after my conviction I was suddenly fired for it. After a year of job hunting and a year of refusals I said sarcastically to myself "The only way a company will ever hire me is if I own the company". And that was when necessity met inspiration and great things started to happen. I started my own company. An IT consulting/staffing firm, the type every Fortune 500 uses to fill positions. So I first incorporated (C-corp is best for this situation). As Cytotoxic stated, "I cannot imagine an IT shop failing to check the background of a system administrator who will be working with banking systems". He is right. Being the "consulting firm" allows you a layer of insulation between yourself and the client while still allowing you to advertise "all of your consultants have been through a vigorous background check". Technically this is not lying as you have been through a few vigorous background checks. Most firms will not pay to BG check if they hire through a staffing firm. As far as client knows I am just a consultant for XYZ Corp, I do not volunteer that I am the owner unless asked (don’t lie if asked). If you are working in a regulated environment (ie banking/financials) this still doesn't get you past the SEC Officer or other regulatory agency official. gcnaddict advice was spot on as it is exactly what I do. I go first directly to the SEC Officer (I usually work investment houses) to fill out my background check paperwork and absolutely write down my conviction and the required "brief description". Being honest I have yet to be turned down (my conviction is theft). This information is generally not passed back to the employing company. Since starting my firm, it merged with another, became one of the premier in its niche, was purchased by an investment firm, and my felonious self laughed all the way to the bank. Could be you next.

  89. Go freelancer by rebelwarlock · · Score: 1

    I've never had a background check run on me for freelancing (to my knowledge). My record is clean, so I don't know for certain that this would work for you. However, I've been able to do very well for myself working at home ~30 hours a week. My wife doesn't work either.

  90. if someone is not allowed to own a gun... by SchroedingersCat · · Score: 1

    ... they should not be allowed to work in IT.

  91. That includes victims of criminal identity theft by ub3r+n3u7r4l1st · · Score: 1

    stuff they never did end up in their name. Seen that a lot lately where workers were wrongfully dismissed because of murder or fraud conviction turn up but later were proven false.

    FYI Criminal Identity Theft is the most dangerous form of identity theft:

    https://www.privacyrights.org/...

  92. Apply to University of Illinois by ub3r+n3u7r4l1st · · Score: 1

    where they have a known history of hiring felons as faculty or staff.

  93. There are several areas where it can be possible by tbg58 · · Score: 1

    There are areas of IT where some companies would consider someone with your history. Not every position in IT will deal with corporate security or information that falls under privacy issues. Depot services where you would be refurbing systems returned for warranty replacement are one place where systems that you deal with would only have factory images. There are also IT-related areas like servicing peripherals (printers and copiers, for instance) where you might be able to get a foot in the door.

    Another area you could find work in is small business IT, where relationships count more than blunt instrument corporate policies that legislate common sense out of existence. There are many small businesses that might consider allowing you to do IT support if you are up front about your history. Not all, mind you, but many.

    If you are a programmer, and you have the chops for it, you can work a non-IT job to survive and choose an Open Source project to contribute to. Become a significant contributor to the project to demonstrate your programming ability, establish your personal brand and present yourself as a knowledge leader. Or if you're interested in security, for instance, become an expert in your field, present to Small Business Chambers and other business groups, write, and give away lots of free information. Give away some expertise to establish your reputation, and then you can market yourself as a consultant. The more you can specialize in a specific vertical market niche, the more profitable you can become. Once you have built up your business, then you may even be bold enough to publish your story: from convicted felon to sought-after consultant. It will take time, but it can be done, but it will take chops in marketing and brand management as well as programming, security, or whatever your technology skill may be.

  94. Re:Felons can be teachers and child care workers, by phorm · · Score: 1

    I'm afraid that, if I saw your resume after this, I'd reject it on the grounds of the horrible question without even having to consider the felony itself

    Well thank goodness you're not my hiring manager. I would guess you're not a hiring manager at all, but - based on YOUR attitude - one of the basement sysadmins who feels like he is God of all technology and better than 99% of the rest of humanity.

    The question isn't all that vague, and when reporting on a conviction one of the issues can be that there isn't much room for explanation. It's "[name] was convicted of X". So you may have a guy who's a convicted "sex offender" when all he really did was get drunk and relieve himself in sight of a playground at 1:00am. Unless you have a chance to explain yourself though - which often YOU WON'T, at least on form-based applications - then you probably aren't even getting to the interview.

    I haven't any convictions myself, but I've seen some pretty dismally generic applications forms and "vague" pretty much fits them perfectly. Now, from a hiring perspective, yeah I'd feel a little nervous about working next to a convicted sex offender, but not so much the guy who peed on a tree... the problem being that most people aren't going to get past HR screening to the point where the details could even be discussed.

  95. Don't work for San Francisco by dbIII · · Score: 1

    A former felon got locked up for a few years over a very simple workplace dispute there which got blown out of all proportion to give the Mayor a photo opportunity at the prison. He had to be guilty of all kinds of evil plans because of his record, even if reality looked a lot like getting caught in the middle of a dispute where the person in charge of IT security was being squeezed out to give a crony a place to work.
    Can't work it out yet? Google "Terry Childs". Funny how all of those initial charges of mayhem were reduced to a much smaller number of charges isn't it?

  96. No by BlackHawk-666 · · Score: 1

    You don't put felons in charge of highly sensitive and potentially high value data. You can talk all you like about being reformed, but there is now a massive trust issue surrounding your behaviour and anything you say.

    --
    All those moments will be lost in time, like tears in rain.
    1. Re:No by SuiteSisterMary · · Score: 1

      Wall Street, Congress and the Senate, and the American law enforcement system all seem to disagree with you.

      --
      Vintage computer games and RPG books available. Email me if you're interested.
    2. Re:No by BlackHawk-666 · · Score: 1

      All of which are completely rife with corruption and scandal.

      --
      All those moments will be lost in time, like tears in rain.
  97. Get a job on Wall Street .. by lippydude · · Score: 1

    You should get a job on Wall Street, a juvenile criminal career would be considered a big plus there ..

  98. Re:Why should we let you in? by salesgeek · · Score: 1

    Every situation, and every person is different. Being so binary with people rarely works as an HR strategy. All you do is throw out the best talent for people that are good at not getting in trouble. Being good at not getting in trouble does not make you a good developer, a good salesperson, a good marketer, a good accountant... it just ensures that the person is good at not getting caught and getting out of it when caught. Useful skills, but usually NOT what you are hiring for.

    Every time I have been cheated, swindled or defrauded it was by someone who had no prior criminal history whatsoever. I've seen church lady bookkeepers embezzle. I've seen top workers steal inventory. I've had 10%er developers fake time records so they could go to the bar. I've had people turn in tens of thousands in fake expenses. I've had incredibly good customers for five years straight try to get fraudulent refunds.

    The common thread was that every one of these persons had a major change in their personal life. Divorces. Tax problems. Spouse got fired. Kids got really ill. Every time there was a major change. So I've started paying close attention to the personal lives of people who work with and for me. When things get tough for them, I try to be engaged and communicate a lot more with them. Sometimes I can directly help (for instance pay off a killer deductible to get the bill collectors to stop). Other times I can't... but by being engaged and interested, the employee knows at some level I'm paying attention. Since I started paying attention, I've had a lot less shenanigans. I'm also a lot less afraid to hire people who are facing challenges... and I've made some amazing hires over the years as a result.

    --
    -- $G
  99. I'm a felon in IT by clam666 · · Score: 1

    I have 11 felonies on my record and I work in IT.

    I work in data analytics and design in the financial services industry. I've previously contracted with the military, banks, and had a variety of employers and clients, corp2corp, 1099, W2, and never had a problem with either being open about it or a background check.

    The biggest issue I've had with being a felon was trying to rent an apartment. I've been rejected at several apartments I've tried to get, but never had a problem with IT jobs whether it was training, contracting. Coding, or handling the data from startups to giant megalith multinationals.

    --
    I'm a satanic clam.
  100. Become a consultant by Drewdad · · Score: 1

    Self-employment is the way to go....

  101. some ideas by Augmento · · Score: 1

    Some ideas; Do check this link http://money.cnn.com/2014/12/0... Contribute to open source projects when you don't have work https://guides.github.com/acti... Freelance through the elance or other coder for hire type sites https://www.elance.com/ Start your own IT support company/freelance/contract/game development, whatever your strongest skills are https://www.sba.gov/ Get your company registered as a state/federal contractor and bid http://www.procure.ohio.gov/pr... http://www.gsa.gov/portal/cate...

  102. think outside the box by sociocapitalist · · Score: 1

    Start your own company. Customers aren't going to check your background unless you're trying to sell them security services - and maybe not even then.

    --
    blindly antisocialist = antisocial
  103. Slim chance by conquistadorst · · Score: 1

    Slim chance to get hired at a big firm, best shot is to make very good friends with someone already on the inside that can vouch for you but that's still slim. It's not laziness on HR's part, they're just covering themselves. The unfortunate reality is, as much as you may think you've turned your life around, nobody wants the liability of hiring a felon. If you ever accused of doing something, no matter **how small** someone would trace back and find out you were a felon and automatically (unfairly) cast blame on that lone fact. Even if it's only an accusation, it will likely blow up. Say someone files a fictitious sexual harassment suit against you and then bam. Not only are you done because you're already guilty without an investigation, but also someone will then get fired in HR for disregarding your criminal past and blamed for hiring you to begin with. Very few people are willing to take that risk on a person with a criminal record when there are other clean candidates out there, the ocean has too many fish. It's not IT's fault, it's not even HR's fault, it's society's fault for setting things up this way and being "OK" with we treat other human beings.

    My recommendation is to just go for a small firm where you have a better chance of getting to know people there, and have less stringent hiring practices. That's probably your best shot?

  104. A felon with misdemeanor convictions by bryanp · · Score: 1

    One conviction (felony or otherwise) can be looked at as an outlier. Multiple convictions (felony or misdemeanor) establishes a pattern of poor judgement / impulse control on his part.

    --
    "An unarmed man can only flee from evil, and evil is not overcome by fleeing from it." Col. Jeff Cooper
  105. The TRUTH- from a felonious IT worker... by Anonymous Coward · · Score: 1

    as someone who was convicted at the Federal level of a felony back in the 90's, I have continued to work in IT for the past 20 years, with only the following issues: any place that will submit fingerprints to the FBI or do an NCIC check will find the conviction. This will obviously hinder employment in places like financial companies/banks/trading firms that are registered with the SEC and are required (or via FINRA) to do fingerprint checks. That does NOT necessarily mean you will not be able to be employed at one of these firms-- it depends on the circumstances of the conviction... I shared my documentation with an employer regarding my conviction and they realized it was BS and did not fire me, and went on to recommend me to other employers. I've actually undergone background checks over the last 20 years by only 3 employers (including the 1 with fingerprints)... interestingly enough, the other 2 background checks FOUND NOTHING. I think that many of the checks done by small employers do not utilize an NCIC check, and only look at state records... federal conviction does not show up. Also, many only check back 7 or 10 years (and sometimes employers ask on applications if you have been convicted within the last 10 years- to which I can honestly answer NO).

    Be aware that many states also have statutes allowing for expungement of records of arrest and convictions if certain conditions are met (i.e. good behavior, good character for x period of years)... some states even allow for mandatory expungment if you've been good for some period of time (you still have to file papers to request the expungment). When records are expunged, you are legally allowed to say you are NOT a convict. Problem is there is NO federal statute allowing for expungment, and no precedent in most federal court districts, so it's almost impossible to get an expungment of a federal conviction-- but, as seen in my case-- not necessarily a hinderance. I can't drive a cab in my town (requires fingerprint submission and signoff by local police chief), but I can work for small hedge funds that aren't SEC registered broker/dealers, etc.

    And of course the comments about working for yourself are good, but it's tough to break into the market with no experience or existing clientele...

  106. Everything is not a "job" by TzadikV · · Score: 1

    It seems like the questioner and all commenters are assuming that all "work" in IT involves a "job" where someone in HR decides to let you in. Have you considered freelance? Or starting your own consulting business?

  107. Organized Crime by Nethemas+the+Great · · Score: 1

    American society is set up to promote recidivism. If you want to do meaningful work you've got very limited options on the "clean" path. I think Hawaii actually prohibits the consideration of criminal records for hiring. Everywhere else you're forced to wear your scarlet letter in full view. Small business might be your best shot. Your call on whether or not to fess up on your past. The chance of a background check varies by the sector the business is in.

    Or, you can acknowledge reality and just go shop around for a plush job doing IT for the underground. I'm told they hire some of the best and brightest while offering very respectable compensation packages. e.g. medical, dental, 401K, etc.

    --
    Two of my imaginary friends reproduced once ... with negative results.
  108. Time Is Your Best Friend by majormer · · Score: 1

    I was in a similar boat. But after 7 years, many background checks will not show felonies. Some use 10 year background checks. My suggestion is to find a contract company that uses a 7 year check and do contract work. In my case, one of the companies I contracted with recognized my talent and hired me. Despite having fallen off the background check time, I still disclosed my situation. However, the company recognized my talent and already knew me so the decision was easier. Although I didn't have to disclose and they might not have found out, I chose to disclose in case someone with a personal vendetta chose to bring up the matter with HR in the future and have it disclosed in a manner I didn't choose. For me, it worked out and I feel like I work for a company I can retire from.

  109. Your problem/condition by Mister+Null · · Score: 1

    It very much matters why you were convicted or even changed with. I'd never hire a DBA who has a record of stealing, however I'd have no problem if you had murdered someone. Drugs and alcohol (especially DWI) are problematic as everyone will wonder if you're high (or drunk) right now. If you have those problems and have followed a 12 step program I'd emphasize it. Otherwise take steps to get employed that everyone should take such as joining professional organizations and networking. Most jobs I've ever found have been through someone who knows me. Good luck

  110. Could always go 'freelance' and/or self-employed by the_digitalmouse · · Score: 1

    Could always go 'freelance' and/or self-employed - that seems to work for some guys with felonies that are having a hard time getting hired in IT. Do a bit of 'word-of-mouth' work that gets your skills noticed, build up clientele that make good recommendations, find a niche IT market that no-one else is doing, or find a niche IT market that the 'big boys' are doing and make friends with some of their smaller, local clients: "hi! i see you use company-x for your 'cleaning dust bunnies from Mainframes' service. I can offer the same serivce or better, and cheaper, and I'm local!"- sort of thing. attend parties, bars, meetups where you can listen in on the woes of the drunken: "dang outsourced IT guys gave me wrong hardware/software/support! wish i could find someone better!"-sort of thing.

    --
    http://about.me/jimm.pratt
  111. I think it still works by sentiblue · · Score: 1

    Throughout my career... I have been at two jobs where background investigation was not done....

    I'm not saying you should give up... but while pursuing a job in this field... you should also consider other alternatives.... They may be far as good as IT... but better than nothing.

    Given not a few but several incidents... it's on you and not anybody else's fault... Cleaning yourself up is good.... good for you and for everybody else... I applaud that and wish you much luck!

  112. Yes, Possibly by RH434 · · Score: 1

    The only shot you have is to work for a smaller company that doesn't have an HR department and would give you the chance to explain your circumstances. You would need to be upfront and honest with any potential employer, as they always eventually find out. I once hired a felon and didn't regret it. He was a hard working individual. He was also upfront with me of his circumstances, but I ran a smaller IT consulting company.

  113. He who is without sin cast the first stone by tingentleman · · Score: 1

    I run a small IT company, and if we discuss it - and I understand where you're coming from, I would rather judge you on where you're at now and whether you love to code or not (or whatever it is the role you are going for). No one is perfect - in fact I've met a great many people who have such low moral standards I'm sure there are plenty of felons I would much prefer working with. It's about who you are now, and what you want to achieve with the rest of your life - and if that fits in with what we want to achieve also.

  114. No MP for the colonies ... by perpenso · · Score: 1

    Aside from the fact that it's fundamentally incompatible with democracy, wasn't a huge part of the American revolution the idea that there should be no taxation without representation? Those felons are taxpayers, aren't they?

    Technically representation and voting are different things. Representation means you have a person in the legislature representing you. Someone you can go to and share your grievances with. Voting means you got to pick that person.

    So, why couldn't all those colonialists send a letter to an MP back in England?

    Because there was no colonial sent to Parliament as an MP, no MP representing the colonies. No colonial, not even those with a franchise to vote in a colony, could vote for an MP. Only those living in England could vote for an MP.

    1. Re:No MP for the colonies ... by Rich0 · · Score: 1

      Aside from the fact that it's fundamentally incompatible with democracy, wasn't a huge part of the American revolution the idea that there should be no taxation without representation? Those felons are taxpayers, aren't they?

      Technically representation and voting are different things. Representation means you have a person in the legislature representing you. Someone you can go to and share your grievances with. Voting means you got to pick that person.

      So, why couldn't all those colonialists send a letter to an MP back in England?

      Because there was no colonial sent to Parliament as an MP, no MP representing the colonies. No colonial, not even those with a franchise to vote in a colony, could vote for an MP. Only those living in England could vote for an MP.

      You just said that being represented had nothing to do with being able to vote for your representative. The 13 colonies were represented by parliament. They just didn't get to vote for them. By your argument they should have been content with that.

    2. Re:No MP for the colonies ... by perpenso · · Score: 1

      Aside from the fact that it's fundamentally incompatible with democracy, wasn't a huge part of the American revolution the idea that there should be no taxation without representation? Those felons are taxpayers, aren't they?

      Technically representation and voting are different things. Representation means you have a person in the legislature representing you. Someone you can go to and share your grievances with. Voting means you got to pick that person.

      So, why couldn't all those colonialists send a letter to an MP back in England?

      Because there was no colonial sent to Parliament as an MP, no MP representing the colonies. No colonial, not even those with a franchise to vote in a colony, could vote for an MP. Only those living in England could vote for an MP.

      You just said that being represented had nothing to do with being able to vote for your representative. The 13 colonies were represented by parliament. They just didn't get to vote for them. By your argument they should have been content with that.

      Representatives in the colonial legislatures were (1) from the region they represented and (2) they were voted into office by citizens of that region. (1) and (2) were considered necessary in that era for representation. So while one individual colonist did not get to vote for a representative, some number of colonists did. That non-voting colonist had a "neighbor" chosen by other "neighbors" to write to. (1) and (2) were absent with respect to parliament. No colonials present. No one elected by colonials. Hence no representation.

  115. Second chances by visionbeyond · · Score: 1

    I too had my spurt when I was younger. You'd think that writing a check on your own checking account wouldn't be the end of the world, especially if you turn yourself in, but it cost me two years in prison and a nice record with felonies. Even though I paid the restitution and did my time, the system is setup in such a way that you really don't ever stop paying for mistakes - like I can never own a gun, even though I've never had anything remotely violent in any history, but such is life. I started in the technology industry after all this happened, first at technical support and quickly advanced to systems administrator at an ISP. After a couple of years of that I went into programming and have never regretted it. I was lucky with the first company that I worked for after all this didn't care, and that paid off for that company as I took them from losing $30,000 a month into making a profit of around $22,000 a month within 8 months of being a sys admin. They sold off that company and asked me to move to a new company they were starting, built around a web site their in-house designer created that went viral and had over 3 million unique hits a day. All this spanned about 3 years and got some good experience under my belt. If you can make it past the first 3-4 years, most companies are going to take your experience over a mistake long since gone by. I've passed background checks and only had one issue in over 17 years working at a programmer. It has been a non-factor, whether brought up and discussed or not, with every job I've had spanning those 17 years - and that covers a good amount of jobs. Personally I don't go out of my way to volenteer the information, but also won't lie if asked or there is a generic form asking about criminal past. Making mistakes is part of living life, and I think most people and companies understand that and will look beyond it, but it does take you showing and proving it first. I wouldn't change what happened, as it has defined a part of me, and I believe made me a better person because of it - but in the same breath, I certainly wouldn't repeat it. Either way I don't believe that it would hold you back working in the future once you've established that it is a thing of the past.

  116. Depends on the state by aarce · · Score: 1

    California has some pretty strict standards about what they can ask, and it has to be job related. That means what you did has a bearing on what your chances are. I've only ever worked in IT so I can't really speak to the notion of how you'd fare in other careers. I know there's more than one organization here that specifically recruits felons in order to help out. Good luck!

  117. Design and build a new Silk Road by heretic108 · · Score: 1

    Design and implement a new Silk Road, with an architecture that resists detection and takedown far more vigorously than the earlier incarnations. You'll have enough to retire on within months. Problem solved.

    --
    -- In the beginning was the WORD, and the WORD was UNSIGNED, and the main(){} was without form and void...
  118. Wrong line of work. by PessimysticRaven · · Score: 1

    I'd imagine that if you're a felon, you'd have a fast-track in any MBA program.

    I keed, I keed.

    That said, I don't presume to know the laws, but I'd think you'd be better suited as part of a break-fix sort of shop. Never once in all my years was I ever asked about a criminal history or otherwise unsavory aspects of one's past. I have to support the suggestion of becoming a developer of some sort, since most of them are usually considered socially marginal, anyway.

    --
    Consistency is only a virtue if you're not a screw-up.