Wellness

WHICH STATES ARE THE BEST FOR A CONVICTED FELON

June 17, 2023 by An educated felon No Comments

Whether we admit it or not, surroundings have a huge impact on the quality of our lives – and sometimes they will contribute to happiness, while other times it could leave one feeling unfulfilled, unmotivated, and despondent. When an individual is put under the right circumstances, in the right environment, the odds of success increase greatly.

Conversely, being exposed to a bad environment (in the forms of crime, limited employment opportunities, little to no housing, inaccessibility to programs and support), can have a negative impact on the way we feel about life, and on the overall outcomes for the said individual.

So we can establish and agree, where you live matters – but it is absolutely critical when one happens to be a convicted felon, and is trying to avoid the threat of recidivism every step of the way.

WHICH STATES ARE THE BEST FOR A CONVICTED FELON

The best places for a convicted felon would be based on the individual felon’s needs and situation. We should understand that the life of someone convicted of a felony is loaded with unique challenges not experienced by the general population at large, so ideally, the best states would be able to provide in job opportunities, safe and affordable living environments, and access to resources like government assistance, educational opportunities, and a restoration of rights.

HOW DOES WHERE YOU LIVE AFFECT THINGS AS A CONVICTED FELON?

For the convicted felon, where you live is extremely important and could absolutely make the difference between overcoming daily challenges – or being in violation, thus ending up with the individual incarcerated (again).

Where you live influences how humans live in so many different ways. The main interactions between humans and their environment can be based off the use of resources and the profound effect it has on your circumstances.

Psychologists have long concluded that people’s surroundings can influence their overall moods and mental health. For the convicted felon, just waking up in the morning is a true accomplishment, and regardless of environment, the challenges are constant and never ending.

For many felons their sentence continues long after their time was served. After release, felons often struggle to find gainful employment and in some states can even be denied the right to vote.

While some states have passed laws preventing employers from asking about your criminal background on job applications and have made progress in assisting felons integrate back with society, others still have further to go, as some states in particular offer particularly bleak opportunities for the convicted felon.

In so many words, not every area is the same, as there would not be the same hardships afforded by living in an area more open, accepting, and tolerant of the life choices of an individual with a criminal background. At the very least, the hardships would be greatly reduced by migrating to a more “felon friendly” environment.

WHAT STATES ARE FELON FRIENDLY

Most states have harsh rules and restrictions that put limitations on the opportunities that are obtainable by someone convicted of a felony. Although each state independently has their respective laws to adhere to, by nature, many have strong shortcomings when it comes to assisting convicted felons get back on their feet.

While this may be the norm, there are certain states where a convicted felon has a better chance. Put another way, “second chance” states makes it possible, and accessible for an opportunity to be made available for a convicted felon.

In totality, the below referenced states offer a means for someone who has been in contact with the criminal justice system and illustrates the broad differences in available opportunities as opposed the lesser “felon-friendly” states.

VERMONT

The most friendly state for felons is Vermont, where no felons are disenfranchised and no voting restrictions apply, as even those incarcerated are allowed the right to vote.

Vermont is a “Ban the Box” state, where employers will be prohibited from asking about an individual’s criminal history record on initial employment applications.

Bear in mind, employers can still ask about a prospective employee’s criminal history record during a job interview or once the applicant has been deemed otherwise qualified for the position. Under the law, if an applicant divulges criminal history in response to an employer inquiry, the employer is required to offer that applicant the opportunity to explain the circumstances, including any post-conviction rehabilitation, if the criminal history record does not disqualify the applicant under federal or state law.

The FCRA controls how far back pre-employment background checks can go in Vermont. Under the FCRA, there is a seven-year lookback period that restricts the following information from being reported when it is seven or more years old for positions paying less than $75,000.

Although a contentious issue, Vermont’s state laws allow for non-violent felons to own guns. Keep in mind, there is a federal statute that prohibits felons from owning guns.

Vermont’s state constitution guarantees people the “right to bear arms for the defense of themselves and the state.” The state has few laws restricting ownership or possession of firearms. There are no permitting, registration, or licensing requirements in the state either.

Aside from that, the state offers several programs such as the Restorative Reentry Program that work with people who have committed serious and violent offenses and who have been or are about to be released from prison to serve the remainder of their sentence in the community. The Restorative Reentry Program helps former prisoners successfully reenter their communities and become responsible citizens.

CALIFORNIA

California is a felon-friendly state because it places fewer limitations than most other states when it comes to employment. Although there are some exceptions, such as certain positions in health care and the state justice department, a felon can basically apply for any job in the state.

Felons do not face salary caps and are also protected by several laws that determine how an employer is to act in regards to the hiring process of someone convicted of a felony.

These include a seven-year rule, which prevents employers from looking more than seven years into an applicant’s conviction history when conducting a background check.

The state also has fair housing laws. These laws require landlords to obtain written consent from a potential tenant before they conduct a background check.

Landlords can still refuse to rent to a felon in most cases. However, they cannot create blanket policies that lead to the automatic refusal of a felon. Each tenant must be considered individually to ensure the landlord does not discriminate, intentionally or otherwise.

California Department of Corrections and Rehabilitation (CDCR) Long Term Offender Reentry Recovery Program (LTORR) provides safe housing, meals, job, mental health services, and life skills training for parolees released from long-term incarceration.

Education is also accessible in California. The state has many programs in place to help felons to earn a degree and find work. These include, but aren’t limited to, the Jail to Jobs Program, The National HIRE Network, and Second Chance.

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Although you are generally not allowed the right to vote in any local, state or national election while incarcerated, on parole or supervision, California automatically restores this right when you have completed all terms of your sentence and probation.

MASSACHUSETTS

Massachusetts is also a “ban-the-box” state, and state law prohibits employers from considering an applicant’s criminal records during an initial job application. This law has some exceptions, such as positions that would result in the presumptive disqualification of an applicant with a criminal record. 

The Massachusetts Parole Board operates regional reentry centers across the state. These centers help inmates make the transition from prison to the community. Staff will help released inmates to get food assistance, obtain a state I.D. card, renew a driver’s license, open a bank account, find work, and find counseling. These centers are open to released inmates with no post-release supervision. The program is also available to former inmates at any time after they are released.

MassHealth – The MassHealth program is made up of the federally funded Medicaid program and the Children’s Health Insurance Program. MassHealth provides those with a low income obtain health care. The program will pay for such things as doctor visits, hospital stays, dental work, and prescription drugs. To qualify, you have to show you have a low income, and you have to be a citizen or legal alien. 

There are numerous legal aid programs there to assist such as;

NEW YORK

New York is a state that enacts measures for criminal justice reform and a restoration of one’s rights. Therein, there are protections against employer discrimination, as state law requires employers with whom someone has applied to consider a number of factors, including whether they have a Certificate of Relief from Disabilities or a Certificate of Good Conduct. Also, employers are forbidden to ask about or consider arrests that did not lead to conviction.

The general rule of New York is that you can vote after incarceration for a felony conviction, or while you are on parole or probation. In these cases, your voting rights are automatically restored, but you have to re-register in order to vote. You do not need any special documentation to register.

The statewide jail population decreased by more than 30 percent after the implementation of bail reform laws, expanding pre-trial release for a variety of misdemeanor and felony charges.

Firearms rights are lost upon conviction of a felony or “serious offense”, however, rights may be regained by a pardon, or by a Certificate of Relief from Disabilities or Good Conduct. 

Parolees are eligible for the Certificate of Good Conduct even if they have been convicted of more than one felony.

A Certificate of Good Conduct is also available to persons convicted outside New York, including federal offenses. It is granted only if the person has demonstrated “good conduct” for the requisite period and if (like the CRD) granting relief would be “consistent with the rehabilitation of the eligible offender” and “consistent with the public interest.”

In 2018, New York City launched “Jails to Jobs”, a citywide reentry initiative focused on providing paid transitional employment, job training, access to higher education, and supportive services to approximately 5,000 justice system-involved individuals. The program was created to help prevent recidivism and ensure that people leaving jail have opportunities to embark on a productive and stable future.

In 2022, the initiative expanded further to also provide holistic reentry services to individuals returning to NYC from state prisons. This expansion includes discharge planning prior to release from prison, transportation from prisons to nonprofit service provider organizations in the community, and an array of existing vocational, educational, and therapeutic services. The initiative, now called the Community Justice Reentry Network, serves approximately 8,000 people per year.

NEVADA

Nevada has a seven-year limit in place for criminal background checks. Furthermore, the state has no salary caps, meaning there are no limits on a felon’s earning potential. However, there are no laws preventing businesses from using a felony conviction as a reason not to hire somebody.

Still though, felons have multiple options in the job market, with major second chance employers like UPS having been known to hire felons in Nevada. The state also allows felons to start their own business.

However, there are several programs available to help people to find felon-friendly housing options. One example is Hope for Prisoners, which maintains a list of felon-friendly housing and offers direct support to those looking for a permanent residence.

Nevada stands out from the many other states in regards to its voting laws, as it allows any felon who has completed their prison sentence to vote, even if they are on probation or parole. Furthermore, this right to vote is automatically instated upon the felon’s release. Felons may still need to re-register to vote if their registration was canceled when they were convicted.

Felon education is also a key concern in the state, with many organizations offering educational programs. The previously mentioned Hope for Prisoners has several services, including financial training. WestCare offers vocational training while RISE provides several educational and employment programs.

Until now, sealing of past convictions of any offense has been a lengthy, complicated, and expensive process, however, a new law passed by the Nevada legislature and signed into law streamlines the process to seal records of convictions for acts which have later been decriminalized. 

The new law, referred to by its sponsor as the Nevada Second Chance Act, requires the person convicted of the offense to send a written request to the court which originally convicted them, requesting the sealing. If the prosecuting attorney has no objections to the sealing, the court will grant the request.

Conclusion

There you have it.

Once again, our surroundings play a huge role and are extremely important. It affects things – like our circumstances. And circumstances really do matter – especially when you are a convicted felon.

We try to adapt to our environment, we learn to interact with it, use it more efficiently, and in some cases even modify it to meet our needs and challenges. But at the same time, one should never underestimate the opportunity afforded one, when changing that environment and what it would do for your quality of living and lifestyle.

-The Educated Felon

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