Utah State University

Do the crime and pay the overtime

October 30th, 2009 Posted in News

By Storee Powell

LOGAN–America prides itself on justice for all; if a person commits a crime, the individual pays their dues and is reintegrated into society.

At least that’s what most Americans believes happens. But Esther Calvert knows personally this isn’t always the case. Even after Calvert paid her dues in jail and fines, she continued to pay for them at the hands of society, particularly in the job world.

Calvert, currently a junior at Utah State University majoring in sociology, spent her adolescent years in and out of jail. After being convicted of a felony at age 20, she spent the next 14 months in prison and a halfway house in Salt Lake City. After serving these 14 months, she then spent seven years in another state institution.

After serving her time, Calvert was released in 2003 at age 28. She said she didn’t know how to interact with the world outside of prison.

Calvert said. “I felt people saw me as disposable.”

With little formal education and interaction with the real world, Calvert was at a loss what to do with her life.

“School had been non-existent to me. I felt embarrassed about my past. I didn’t know what to do with my life after growing up in institutions,” Calvert said.

Calvert wanted to escape her past, and not let it define her future. She battled to have her adult record expunged. To gain experience and give back to society she volunteered everywhere she could from cleaning cat kennels at Four Paws Rescue to helping people with reading skills at Bridgerland Literacy.

Calvert said, “I had taken from society for so long, I wanted to give something back. But it wasn’t enough. The Bureau of Criminal Identification told me society could no longer forgive me.”

The turning point for Calvert, the catalyst which moved her to apply to Utah State University was when a judge told her since she’d been locked up for most of her life he was going to make her stay out of prison.

“It was my dream to go to school. I got accepted in 2004, and I still have my letter to this day,” Calvert said.

But even her A-grades and volunteer work couldn’t remove the stigma of ex-felon from Calvert in the job world. Calvert applied at many companies and restaurants including PetSmart, Fredrico’s, and Convergys. She was repeatedly turned down after employers saw on her applications she was an ex-felon, a required disclosure, and in most instances did not even get interviewed.

“I was so frustrated. They didn’t even consider my rehabilitation,” Calvert said.

Calvert said this is the contradiction in the system: many probation stipulations require people to obtain meaningful employment. If they can’t get a job, they end up violating their parole or misusing their free time and get locked up again.

According to Juanita Martinez of the American Sociological Association, “It only takes committing one crime to gain the label of “criminal,” and such a label can prove detrimental to one’s attempts at gaining employment, establishing community ties, maintaining family ties, and so forth. The question of an offender’s employability is therefore a critical one, both for society and for ex- felons. Unemployed ex-offenders add to the already high unemployment rate, and, because such individuals are often ineligible for public assistance, they might turn back to crime if they are not afforded the opportunity to legitimately support themselves.”

Martinez explained in a recent survey conducted among major U.S. cities found the 65 percent of all employers would not consciously hire an ex-felon, regardless of the crime committed and the 65 percent of former offenders released each year can’t find employment.

Calvert was one of many who faced the stigma of once-a-felon-always-a-felon. According to the U.S. Bureau of Justice Statistics, in 2004, 28 percent of nearly 1.2 million convicted felons were sentenced straight to probation where they faced the near impossibility of getting employed.

Calvert persisted, however, and was finally hired at the University Inn at USU.

“I was going to scrub toilets, and I was so excited after being turned down for so many jobs. I was making my own money and I was even excited to pay taxes.  Even though it wasn’t the most favorable job, I was doing something well and earning money. I didn’t want any favors because of my previous life,” Calvert said.

Since Calvert’s employment, a mandatory background check by employers has been established in Utah. USU’s policy manual, number 386, explains the rule. The idea behind the law; according to BrandE Faupell, USU’s Human Resources executive director; is to prevent hiring an ex-offender in position that would create a risk for both parties. For example, this could be placing a person convicted of theft in a position dealing with money.

Faupell said, “We do hire people with felony backgrounds. Job decisions are based on qualifications and part of that is doing a background check. We do two ways: one is a physical check with Hire Right for certain positions and others we do a self-disclosure.”

By law, employers have to offer the job before doing the criminal history check. According to Faupell, USU has a committee of five people that estimates what are the impacts and risks of hiring ex-felons. Faupell said four ex-felons have been hired since this last May.

“Meaningful employment is important to all humans,” said Faupell.

The ex-felon stigma continues to define rehabilitated people and those trying to change, preventing many from successfully integrating back into society. While there is no simple solution, employers being required to interview and offer jobs to all applicants before background checks are done is a great start.

Calvert said just making society aware of the situation is important.

“My family never gave up on me. Society shouldn’t give up on ex-offenders either. Humans are not disposable nor should they have to continue to pay for their mistakes,” Calvert said. “I am now preparing for college graduation, working in the sociology department on campus and planning for graduate school. There is always hope.”

Tags: Esther Calvert, prison, rehabilitation