Nebraska Tries Again to 'Ban the Box'

Efforts to improve opportunities for formerly incarcerated men and women fell short last year in Nebraska. But one lawmaker is not giving up -- and activists shouldn't either.

“The public is best protected when criminal offenders or ex-convicts are given the opportunity to secure public employment," says a new bill from Nebraska state Senator Brenda Council. The legislation says "that barriers to such employment should be removed to make rehabilitation feasible.” LB 189, the latest version of Council's "Ban the Box" bill -- referring to the box on a job application one's supposed to check if they've been convicted of a crime -- would give offenders a slightly better chance of getting a job and consequently a better chance of staying out of prison.

Introduced last week, the Criminal Offender Employment Act is Council’s second attempt at assisting criminal offenders in walking a law abiding path. Last year, I reported on the first proposed bill and over 100 Change.org members signed a petition in support. Unfortunately, that legislation was left to die last session. But this year Council is trying again, and with growing national support and some better media coverage, there's a good chance we can help her gain the votes she needs from her fellow Nebraska legislators.

The legislation as written would only apply to public employment and not the private sector. In this regard it’s fairly limited, though it is a step in the right direction. Under the proposed law, public employers would not be able to ask about criminal history on their application, though they would be allowed to discuss it later in the employment screening process. It would also bar employers from not hiring someone solely based on a criminal conviction -- unless it was a crime of “moral turpitude."

Massachusetts, Connecticut, and New Mexico have similar laws in regards to public employment. In their version of the law, Massachusetts went even further, applying the new rules to private businesses as well. Does this mean job places will become somehow more dangerous or filled with criminals as opponents might have you think? Hardly. Employers can still do background checks and ask about arrest histories during the later interview stages. And let’s face it, the majority of ex-cons being released weren’t incarcerated for violent crimes and aren’t really what you would consider “scary bad guys"; instead they were typically people who got caught making non-violent mistakes.

It’s said that once someone reaches these latter interview stages, their chances of getting gainful employment regardless of their criminal background is significantly increased. And lack of employment is the number one risk factor in determining someone’s propensity to reoffend.

Well over 9 million people are released from prisons and jails every single year in this country. And unfortunately, many of them return. This is due, at least in part, to a lack of opportunities once they are reintegrated into the community. If an ex-offender can’t find a job because potential employers are judging him based on a conviction he has paid his dues on, it becomes significantly more difficult for him to stay out of trouble while finding legitimate means to provide for his and his family’s needs. In January 24, LB 189 is scheduled for a hearing before the Business and Labor Committee in the Nebraska Legislature. It’s just one step in the long process of potentially becoming law.

Join other Change.org members in urging all Nebraska State Senators to pass this important piece of legislation and to join the other states who have nobly “banned the box."

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Photo Credit: Wendy