Criminal Background Checks

Similar documents
Criminal Background Check Laws Can Complicate Hiring Decisions

WHEN DISCRETION MEANS DENIAL: Criminal Records Barriers to Federally Subsidized Housing. October 26, 2016 Housing Action Illinois Conference

EEOC Enforcement Guidance on Criminal Background Checks. By: Jonathan G. Rector, Associate Attorney Crowe & Dunlevy

CRIMINAL RECORDS SCREENING AND FAIR HOUSING. A Toolkit for Consumers

Frequently Asked Questions about EEOC Guidance on Consideration of Criminal History

Application of Policy. All applicants for general student employment in a security sensitive position.

Policies of the University of North Texas Health Science Center Criminal History Background Checks For Security Sensitive Positions

Human Resources Guideline & Interpretation

Housing Access for Domestic Violence Survivors with Criminal Records

Conference on Criminal Records and Employment

Criminal Offender Record Information CORI ACCESS and REFORM

HUD OFFICE OF PUBLIC HOUSING USE OF ARREST RECORDS IN HOUSING DECISIONS

Employment Rights of People with Criminal Convictions

E. Adverse Employment Decision means to decline to hire, not promote or discharge a person, or to revoke a person s Conditional Offer of Employment.

Short-Term Transitional Leave Program in Oregon

LORAIN METROPOLITAN HOUSING AUTHORITY. APPLICANT SCREENING PROCESS Revised July 2017

20 Questions for Delaware Attorney General Candidates

Sentencing Chronic Offenders

PART III: DENIAL OF ADMISSION

Fair Chance Hiring. Economic Development and Housing Committee, September 5, 2017

Version & Notes. Version I March Version II July Version III January Version IV January Version V.

Janette Levey Frisch, Esq. Joulé, Inc. Donald J. Cayea, Esq. Litchfield Cavo, LLP

Criminal Background Checks

Road to Re-Entry: Criminal Records, Ban the Box and Getting Back into the Workforce

TESTIMONY MARGARET COLGATE LOVE. on behalf of the AMERICAN BAR ASSOCIATION. before the JOINT COMMITTEE ON THE JUDICIARY. of the

Juvenile Justice and Delinquency Prevention Act (JJDPA) FAQ: 2018 Reauthorization Public Law ; 88 Stat. 1109

Getting People with Criminal Records Hired: What Employment Specialists Need to Know

POLICY STATEMENT ON RECRUITMENT AND EMPLOYMENT OF EX-OFFENDERS

New Jersey Frequently Asked Questions

New York City Commission on Human Rights. Notice of Public Hearing and Opportunity to Comment on Proposed Rules

WASHINGTON COALITION OF MINORITY LEGAL PROFESSIONALS

Sanco Pipelines, Inc. Employment Application An Equal Opportunity Employer

Expungement & Beyond. Understanding and Addressing Criminal Records. EXPUNGEMENT 10/1/2015 WHAT ARE CRIMINAL RECORDS?

REVISOR ACF/EP A

Helping Applicants with a Criminal History Obtain Affordable Housing in Massachusetts

Domestic Violence and Housing Appendix 3

EEOC Issues Comprehensive Guidance Regarding Employers' Use of Criminal Background Information

Employee Rights and Employer Responsibilities in a New Era of Criminal Background Checks for Employment

CHAPTER 3 APPLYING FOR ADMISSION A. GENERAL POLICY This chapter describes the policies and procedures for completing an initial application for assist

Volunteer/Staff Screening Policy in Missouri Board Approved August 6, 2005 Board Revised April 15, 2011

Criminal Justice A Brief Introduction

Employment Rights and Criminal Records. May 9, 2018

The University of Texas System System Administration Internal Policy

20 Questions for Delaware Attorney General Candidates

DBS Policy Agreed: September 2016 Signed: (HT) Signed: (CofG) Review Date: September 2017

Disclosure and Barring Service (DBS) Checks Policy

Last Name First Middle

How are Ex Offenders impacted by

Shared Housing Services

EMPLOYMENT APPLICATION

African American Male Unemployment & the Role of Criminal Background Checks.

Massachusetts Overhauls Accessibility to Criminal Information of Applicants and Employees

Preferences for Admission for Domestic Violence Victims

TESTIMONY OF ALINA DAS, MEMBER, CRIMINAL COURTS COMMITTEE OF THE NEW YORK CITY BAR ASSOCIATION

LGBT Refugee Resettlement Guidelines / Agency Self-Assessment

Prisoner Reentry 4/15/2016. Good News/Bad News. Location and Recidivism.

9/20/2012. Background Checks Under Fire: Is Your Screening Process at Risk?

Derbyshire Constabulary SIMPLE CAUTIONING OF ADULT OFFENDERS POLICY POLICY REFERENCE 06/122. This policy is suitable for Public Disclosure

A Live 90-Minute Audio Conference with Interactive Q&A

EXPERT ANALYSIS Heightened Restrictions on Use of Criminal Background History: What Employers Need To Know

111th CONGRESS 1st Session H. R To secure the Federal voting rights of persons who have been released from incarceration.

Property Management, Inc. RENTAL APPLICATION Marketing info: How did you hear about the community?

Overview of Whitaker v. Perdue, Civil Action No. 4:06-cv-140-CC (N.D. Ga. 2006)

Organization for Defending Victims of Violence Individual UPR Submission United States of America November

Created by Alex Timian

Criminal Offender Record Information (CORI) Balancing Individual Rights and Public Access

Disclosure and Barring Service

DISCLOSURE AND BARRING SERVICE (DBS) POLICY & PROCEDURE

The Impact of Criminal Background Checks and the EEOC s Conviction Records Policy on the Employment of Black and Hispanic Workers

The Canadian Constitution

Criminal Records Checks for Prospective Foster and Adoptive Families

Safer and Stronger: Policy Recommendations for. Community Safety in the Bronx

Fair Chance Licensing Removing Barriers to Licensed Professions Facing People with Conviction Records

A BILL IN THE COUNCIL OF THE DISTRICT OF COLUMBIA

Fair Chance Hiring. Economic Development Committee, April 17, Beverly Davis, Assistant Director, Fair Housing and Human Rights Office

CITY OF MILTON APPLICATION FOR EMPLOYMENT Fire Fighter Positions

Background Checks and Ban the Box Legislation. November 8, 2017

SENATE, No STATE OF NEW JERSEY. 216th LEGISLATURE INTRODUCED FEBRUARY 24, 2014

2018 Questionnaire for Prosecuting Attorney Candidates in Washington State Introduction

WESTSIDE UNITARIAN UNIVERSALIST CHURCH POLICIES AND PROCEDURES CRIMINAL BACKGROUND CHECK POLICY SECTION 4

MISSISSIPPI LEGISLATURE REGULAR SESSION 2018

TENANT SELECTION PLAN Providence House 312 N 4 th Street, Yakima WA Phone: TRS/TTY: 711

MISSISSIPPI LEGISLATURE REGULAR SESSION 2017

Councilmember Anita D. Bonds IN THE COUNCIL OF THE DISTRICT OF COLUMBIA

PERSONAL DATA Last Name First Middle Social Security No.

Hot HR Legal Topics Criminal Background Checks

KNICKERBOCKER APARTMENTS TENANT SELECTION PROCEDURE

CHAPTER 2 ELIGIBILITY FOR ADMISSION. [24 CFR Part 5, Subparts B, D & E; Part 982, Subpart E]

Type of law: CRIMINAL LAW. A 2015 Alberta Guide to the Law TRAFFIC OFFENCES. Student Legal Services of Edmonton

THE IONA SCHOOL & THE IONA DAY NURSERY. Disclose and Barring Policy (Revised August 2015)

Frequently Asked Questions (FAQs) about Expungements and Pardons in South Carolina Courts

DAYTONA AREA OF NARCOTICS ANONYMOUS H & I SUBCOMMITTEE GUIDELINES

Disclosure & Barring Service Policy

Frequently Asked Questions: The Sex Offender Registration and Notification Act (SORNA) Proposed Guidelines

A Candidate s Guide to the NHS Employment Check Standards

Recent employment law developments Use of credit checks and fact/length of unemployment? November 4 th, Senate passes ENDA 61-30

Criminal Records and Expungement. Rhode Island Public Defender

DBS Disclosure and Barring Service Policy

Page1. Employment of Ex- Offenders. Issue Date 01/01/2017 Issue 1 Document No: 105 Uncontrolled when copied

ABOUT GRASSROOTS LEADERSHIP

Transcription:

Criminal Background Checks Sonia Lee, Director of Affiliate Financial Services Habitat for Humanity International We build strength, stability and self-reliance through shelter.

Today s Goal Gain a basic understanding of the fair housing legal issues surrounding criminal background checks and how to create a policy and procedure for these checks at your affiliate.

Agenda Understanding criminal background check rules Understanding demographics of those incarcerated Balancing need and risk HUD and Habitat guidance Understanding background checks Creating policy and procedure for your affiliate Questions and Answers

Fair Housing Act Protects aggrieved persons from anyone who engages in or is responsible for a discriminatory housing practice Involves a dwelling Selling, renting or repairing Discrimination on the basis of a protected class Race Sex Disability (physical & mental) National origin Religion Familial status

Two Theories of Proof Discriminatory Treatment Disparate Impact Steering steering a consumer to or away from a certain neighborhood Inaccessible mortgage for applicants Only take applications online Single people are ineligible Must know someone to get in Are there others?

Disparate Impact Regulator / Plaintiff has to show defendant has a facially neutral policy, practice, or guideline uniformly applied substantially disparate impact on a protected class Once regulator / plaintiff establishes those factors, defendant can still avoid liability for discrimination if it shows the policy, practice, or guideline is necessary no less restrictive alternative is available

Disparate Impact Very controversial for a long time In 2016, two things happened that mean that disparate impact theory was probably going to survive: Supreme Court explicitly upheld it Inclusive Communities Project Department of Housing & Urban Development published final rule recognizing it

Why this is Important Because disparate impact is the theory people are using to challenge housing providers across the country who are refusing to rent or offer mortgages to people with criminal convictions Disparate impact because of the demographics of who is incarcerated Incarceration rate of African-Americans is almost 7x that of white men Chance of going to prison: 1 in 3 for African-American men 1 in 6 for Hispanic men 1 in 17 for white men

National Re-Entry Rates Re-entry population is disproportionately people of color African- Americans Percentage of United States Population Percentage of Prison and Jail Populations 13% 37% Hispanics 17% 22%

Magnitude of the Re-entry Problem Large increase in incarceration in recent decades 1970 to 2007: prison population increased sevenfold 30% of the U.S. adult population has a criminal record (including arrests and convictions) Now, have a very large re-entry population As of 2014, over 680,000 prisoners were being released from prison each year Roughly 95% of inmates will eventually be released

Housing and Recidivism Rates A lot of people are affected by rules that restrict housing for those with criminal records Stable housing can reduce recidivism rates 30% of all released prisoners are re-arrested in the first few months of release 67.5% of prisoners released are re-arrested within 3 years (increase from 62.5% in 1983) Each time one moves after release from prison increases chance of re-arrest by 25%

Criminal Record Bans In the last several decades, housing providers have made it very difficult for anyone coming out of prison to find housing Providers have put bans in place that prevent anyone with a criminal record from living in their apartment complex ( blanket ban )

HUD Guidance In April 2016, HUD issued guidance on the issue for housing For HUD programs Public and Indian Housing - Notice PIH 2015-19 November 2, 2015 https://www.hud.gov/sites/documents/pih2015-19.pdf FAQS http://1.usa.gov/1zrbdfl For the Fair Housing Act generally http://1.usa.gov/1twm6m5

HUD Guidance African-Americans and Hispanics are arrested, convicted, and incarcerated at rates that are disproportionate to their share of the population, making decisions based on criminal records may have a disparate impact on those groups

Balancing Need and Risk Affiliates need to take care in making policy Weigh the need of the applicant without sacrificing safety of the affiliate, community and property Habitat needs to make room for those who have a criminal record and have rehabilitated Habitat needs to ensure safety of our communities without locking out those with criminal records A good policy will allow you to do both objectively *Remember arrest records cannot be used to deny

Habitat Guidance-Sex Offender Checks Policy 19-Sex Offender Registry Checks Requires affiliates to run checks on: Potential homeowners Board members Staff members Key volunteers Definition: consistent contact with vulnerable populations Or, repeat volunteers who volunteer more than 8 hours/month

Habitat Guidance-Sex Offender Checks Affiliate must have written policy that addresses: 1. How it will conduct the sex offender registry check 2. How it will use the information to make decisions 3. How it will communicate denial Affiliates must consistently apply these policies and procedures www.nsopw.gov is link to database to check registry.

Habitat Guidance-Sex Offender Checks Notice disclose to applicant(s) that affiliate will pull sex offender report and information found may be used in the decision. The applicant must sign a release for the report to be pulled. REQUIRED if using a third party to conduct search If affiliate does it, no notice is required, but best practice (HFHI s application provides this notice and acts as a release) Discovery of an Offense Points System to rank level of risk No automatic disqualification Provide an individualized inquiry to understand the issue

Sex Offender Point System Example

Habitat Guidance-Criminal Background REQUIRED for all affiliate Qualified Loan Originators must have a board-adopted policy for QLO checks and all others If a Criminal Background Check is required for applicants a board-adopted policy must be in place A release is required as per FCRA to pull a consumer report Disclosure and Release single document disclose to applicant that a criminal history will be requested and information may be used to determine eligibility. Applicant(s) must sign giving authorization. Adherence to FCRA adverse action notice is mandatory

How to: Criminal Background Check Resources Law Enforcement and Correction Agency Records (free) Court Records (free) Third Party Background Screening Business (fee for service) Must Provide Notice Prior to Obtaining Background Check! Discovery of an Offense Points System to rank level of risk No automatic disqualification Provide an individualized inquiry to understand the issue

How to: Individualized Inquiry Determine how offense relates to position (staff, volunteer, board) What risk does the offense pose to the community and/or property (applicant) Consider several factors including: Nature, duties and responsibilities of position Nature of the conviction and whether children were involved Time elapsed since the offense Extent to which the offense may affect the person s fitness or ability to perform the duties or responsibilities of the position Other factors decided by the board of directors Inquire about the offense

Criminal Background Check- Point System

Notice: Adverse Action Provide Homeowner Applicant Adverse Action Notice must include where info was obtained Provide Potential Employee or Volunteer, or Board Member Pre-Adverse Action Letter A copy of the report and, A description in writing of rights reasonable amount of time to remedy (7 days) Then Final Adverse Action Letter

Habitat Guidance-OFAC Check OFAC: Office of Foreign Asset Controls check to determine whether an individual is a Specially Designated National (SDN) which is a person who has been deemed a terrorist, international narcotics trafficker or a support of such activities. Checks are conducted at the US Treasury website or by third party. https://www.treasury.gov/resourcecenter/sanctions/sdn-list/pages/fuzzy_logic.aspx

Policy Considerations No policy is a risk process becomes subjective All policy must be consistently applied What individuals at the affiliate need a criminal background check? What source will be used for background checks? What are the criteria for acceptance with a criminal record? Who handles notices and tracks them? Retention of this information state and federal requirements?

FAQ-Background Checks What adverse action letter reason for denial? Who at the affiliate is privy to the knowledge of an offense on their record? Board? QLO? Staff? Is it okay to ask the applicant questions about what comes back on the report so they can explain? Can we have a policy that says any arrest or offense found is an automatic disqualifier? Is this policy really necessary? Why do we need it?

Thank you! Sonia Lee slee@habitat.org Disclaimer: This material is for informational purposes only. I am not a lawyer and this should not be considered legal advice. You should seek appropriate counsel to obtain advice for your own situation. We build strength, stability and self-reliance through shelter.