The disproportionate criminalization of people of color threatens the civil rights gains of the past half century. Although the overall number of Americans with criminal records increased exponentially in recent years, African Americans and Latinos, in particular, bear the brunt of this disturbing trend.
FBI statistics show that African Americans account for 28 percent of total arrests even though they represent just 13 percent of the total population. The greatest disparities in the criminal justice system can be found in offenses involving illicit drugs. According to a 2013 report by the ACLU, African Americans are nearly four times more likely to be arrested for marijuana possession than whites – although both groups consume marijuana at similar rates.
Regardless of the conviction, a criminal record can haunt a person long after they’ve completed their sentence – greatly reducing their chance of finding a job that will help them rejoin and contribute to their community. In fact, more than 60 percent of formerly incarcerated individuals are unemployed one year after being released.
Those who do find work are highly motivated to stay out of trouble. Studies show that maintaining meaningful employment is one of the primary predictors of whether a person leaving the criminal justice system will successfully reintegrate into society or be recycled back into the prison system.
This is a serious issue in Colorado, which has the third-highest recidivism rate in the country, according to U.S. Department of Justice. When people are incarcerated, they cost the state’s criminal justice system hundreds of millions of dollars a year, and they are unable to provide resources for children who may be dependent on their income or emotional support.
Compounding the problem for people of color, racial prejudice remains a steadfast reality. Research has shown that a black man without a record is less likely to be hired than a white man with a conviction by a margin of 3 percent. For minorities with records, the numbers are even more discouraging – adding yet another hurdle for those whose employment rate and income level already lags. One study showed that 34 percent of white people without a record were contacted by employers after submitting an employment application, compared to only 17 percent of white people with records. Meanwhile, 14 percent of African Americans without a record were contacted, compared to only 5 percent of African Americans with records.
Coloradans have a historic opportunity to remove one of the biggest barriers that people with records encounter in their quest for employment. House Bill 1388, sponsored by Rep. Beth McCann, D-Denver, prohibits most employers from asking about criminal history on an initial job application. The bill was approved by the House Judiciary Committee last Tuesday.
If the bill is passed by the legislature and signed by the governor, Colorado would join seven other states that have enacted similar laws. Such laws have proven to be effective in helping people with records get jobs and contribute to society.
With the many hurdles people with records face in finding a job, HB 1388 presents one simple, non-intrusive solution. To debunk a common misperception, HB 1388 doesn’t prevent employers from conducting background checks, nor does it tell employers whom they can or cannot hire. HB 1388 would open up job opportunities for thousands of Coloradans and give them a chance to be considered on their merits.
As someone who’s witnessed firsthand the systemic challenges that people of color face, I encourage legislators, businesses and Coloradans of every walk of life to support this important and compassionate legislation that will give many people a boost in rebuilding their lives.
Terrance D. Carroll is an attorney and former Speaker of the Colorado House of Representatives.
