Workshop LOE

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Workshop LOE

  1. 1. EXPLAINING YOUR CRIMINALEXPLAINING YOUR CRIMINAL HISTORY AND THEHISTORY AND THE LETTER OF EXPLANATIONLETTER OF EXPLANATION Taking Control of Your JobTaking Control of Your Job Search and Your Life!Search and Your Life!
  2. 2. BackgroundBackground  Different places use different records.Different places use different records.  Many employers ask on their application if youMany employers ask on their application if you were ever convicted of a crime. Or they mightwere ever convicted of a crime. Or they might word the question to ask whether you have everword the question to ask whether you have ever been convicted of a felony or misdemeanor.been convicted of a felony or misdemeanor.  Typically, the application says you do not haveTypically, the application says you do not have to divulge a case that was expunged orto divulge a case that was expunged or dismissed, or that was a minor traffic violation.dismissed, or that was a minor traffic violation.  Aliases – has anyone used your name whenAliases – has anyone used your name when they have committed a crime?they have committed a crime?
  3. 3. Reports UsedReports Used  CCAP (Circuit Court Automation Program)CCAP (Circuit Court Automation Program)  CIB (Crime Information Bureau)CIB (Crime Information Bureau)  FBIFBI  Driving RecordsDriving Records  Credit RecordsCredit Records  Municipal RecordsMunicipal Records
  4. 4. CCAPCCAP www.wcca.wicourts.govwww.wcca.wicourts.gov  A court record maintained by the courtA court record maintained by the court system when cases are filed in Circuitsystem when cases are filed in Circuit Court Updated when court evens occurCourt Updated when court evens occur  Caution!Caution!  Easy to mix people upEasy to mix people up  May say more than you want it toMay say more than you want it to  Easy for people to access and misunderstandEasy for people to access and misunderstand
  5. 5. CCAP Example – Names ListCCAP Example – Names List
  6. 6. CCAP Example - DetailsCCAP Example - Details
  7. 7. CIB (Crime Information Bureau)CIB (Crime Information Bureau) www.doj.state.wi.us/dles/cibwww.doj.state.wi.us/dles/cib  Is a police arrest record AND is what the law requiresIs a police arrest record AND is what the law requires employers to use.employers to use.  Are listed in cycles – a cycle is started for each arrestAre listed in cycles – a cycle is started for each arrest  Updated when police or courts send info the state –Updated when police or courts send info the state – Wisconsin Dept. of JusticeWisconsin Dept. of Justice  Caution!Caution!  There is no legislation stating this information must be accurateThere is no legislation stating this information must be accurate – no accountability– no accountability  Sometimes there is duplicate information making it look likeSometimes there is duplicate information making it look like there are more events than there actually arethere are more events than there actually are  There are fees to access record. The amount of the fee dependsThere are fees to access record. The amount of the fee depends on who you are.on who you are.  Contains too much information, including personal informationContains too much information, including personal information  Easily misunderstoodEasily misunderstood  Includes expunged casesIncludes expunged cases
  8. 8. FBI ReportFBI Report www.fbi.gov/hq/cjisd/fprequest.htmwww.fbi.gov/hq/cjisd/fprequest.htm  An FBI Identification Record (or a Criminal HistoryAn FBI Identification Record (or a Criminal History Record or Rap Sheet)Record or Rap Sheet)  A listing of information taken from fingerprint submissions inA listing of information taken from fingerprint submissions in connection with arrests and, in some instances, federalconnection with arrests and, in some instances, federal employment, naturalization, or military service.employment, naturalization, or military service.  If the fingerprints are related to an arrest, the Record includesIf the fingerprints are related to an arrest, the Record includes name of the agency that submitted the fingerprints to the FBI,name of the agency that submitted the fingerprints to the FBI, the date of arrest, the arrest charge, and the disposition of thethe date of arrest, the arrest charge, and the disposition of the arrest, if known to the FBI.arrest, if known to the FBI.  All arrest data is obtained from fingerprint submissions,All arrest data is obtained from fingerprint submissions, disposition reports and other reports submitted by agenciesdisposition reports and other reports submitted by agencies having criminal justice responsibilities.having criminal justice responsibilities.  Good to check if you have cases in other statesGood to check if you have cases in other states
  9. 9. Driving RecordsDriving Records www.dot.wisconsin.gov/drivers/index.htmwww.dot.wisconsin.gov/drivers/index.htm  Request a copy of your driving record from theRequest a copy of your driving record from the Department of Motor Vehicles, especially if you areDepartment of Motor Vehicles, especially if you are applying for a job that involves driving.applying for a job that involves driving.  Don't be confused. An OWI conviction isDon't be confused. An OWI conviction is notnot consideredconsidered a minor traffic infraction. Applicants with an OWI whoa minor traffic infraction. Applicants with an OWI who have not checked "yes" on a job applicationhave not checked "yes" on a job application may bemay be denied employment for falsifying the formdenied employment for falsifying the form -- even when-- even when the incident occurred only once or happened many yearsthe incident occurred only once or happened many years before. The employer perceives this as dishonesty, evenbefore. The employer perceives this as dishonesty, even though the applicant might only have been confused bythough the applicant might only have been confused by the question.the question.
  10. 10. Credit ReportCredit Report www.annualcreditreport.comwww.annualcreditreport.com  Employers often do credit checksEmployers often do credit checks  You are entitled to one free report eachYou are entitled to one free report each yearyear  Get a copy and go over it with a fine toothGet a copy and go over it with a fine tooth combcomb  Clear up any issues on itClear up any issues on it  Consider adding comments to itConsider adding comments to it
  11. 11. Municipal Citations (Muni’s)Municipal Citations (Muni’s) http://query.municourt.milwaukee.gov/home.asphttp://query.municourt.milwaukee.gov/home.asp  This site includes data on the following types ofThis site includes data on the following types of cases:cases:  Municipal ordinance and traffic violations occuringMunicipal ordinance and traffic violations occuring within the limits of the City of Milwaukeewithin the limits of the City of Milwaukee  Parking citations contested in court.Parking citations contested in court.  Only displays cases that have not yet beenOnly displays cases that have not yet been satisfied or have been satisfied within the last 5satisfied or have been satisfied within the last 5 years.years.  Not all counties have thisNot all counties have this
  12. 12. What To DoWhat To Do  It isIt is criticalcritical that you know what is on thesethat you know what is on these various reports and that you listvarious reports and that you list everyevery case youcase you have when requested by an employer OR youhave when requested by an employer OR you could be denied an opportunity for employment.could be denied an opportunity for employment. Don’t take this for granted in any way.Don’t take this for granted in any way.  Options:Options:  ExpungementExpungement  Hiding RecordsHiding Records  Record RemovalRecord Removal  PardonPardon
  13. 13. ExpungementExpungement  Applies to court records onlyApplies to court records only  Generally only possible for a misdemeanorGenerally only possible for a misdemeanor  Hides the courthouse file and CCAP record but isHides the courthouse file and CCAP record but is still on CIBstill on CIB  Issues:Issues:  Were you under 21 and committed a misdemeanor?Were you under 21 and committed a misdemeanor?  Are you off paper and trouble free?Are you off paper and trouble free?  Talk to judge’s clerk for information on how to request itTalk to judge’s clerk for information on how to request it A/K/A Expunction or sealing a record www.wisconsinexpungement.com/
  14. 14. Hiding RecordsHiding Records  A judge orders a record removed fromA judge orders a record removed from CCAP if the conviction is inflammatory orCCAP if the conviction is inflammatory or immediately preventing employmentimmediately preventing employment  Need a lawyer to get this doneNeed a lawyer to get this done  Must prove there is harm being done by the recordMust prove there is harm being done by the record being out therebeing out there
  15. 15. Record RemovalRecord Removal  Can be used for the CIBCan be used for the CIB  Arrests resulting in no prosecution, dismissal,Arrests resulting in no prosecution, dismissal, or acquittal can be removed from CIBor acquittal can be removed from CIB  Must file a removal request with the CIB – oneMust file a removal request with the CIB – one request for each cycle to be removedrequest for each cycle to be removed  Does not remove a case from CCAPDoes not remove a case from CCAP
  16. 16. PardonPardon  The governor's pardoning power is granted in the Wisconsin Constitution. Article V, section 6 of the Wisconsin Constitution provides:  "Pardoning Power. Section 6. The governor shall have power to grant reprieves, commutations and pardons, after conviction, for all offenses, except treason and cases of impeachment, upon such conditions and with such restrictions and limitations as he may think proper, subject to such regulations as may be provided by law relative to the manner of applying for pardons... He shall annually communicate to the legislature each case of reprieve, commutation or pardon granted, stating the name of the convict, the crime of which he was convicted, the sentence and its date, and the date of the commutation, pardon or reprieve, with his reasons for granting the same."
  17. 17. Pardon2Pardon2 http://wilawlibrary.gov/topics/justice/crimlaw/pardons.phphttp://wilawlibrary.gov/topics/justice/crimlaw/pardons.php  Rare and not helpfulRare and not helpful  Time consumingTime consuming  EmotionalEmotional  Requires patience and perseveranceRequires patience and perseverance
  18. 18. ““Substantially Related”Substantially Related”  An employer can not have a blanket policy that anyoneAn employer can not have a blanket policy that anyone with a criminal record will not be hired by that company.with a criminal record will not be hired by that company.  An employer may ask you if you have any pendingAn employer may ask you if you have any pending charges or convictions as long as they make it clear thatcharges or convictions as long as they make it clear that only offenses that are substantially related may beonly offenses that are substantially related may be considered.considered.  An employer may only refuse to hire a qualified applicantAn employer may only refuse to hire a qualified applicant because of a conviction that substantially relates to thebecause of a conviction that substantially relates to the job – if the offense is upsetting that does not count!!job – if the offense is upsetting that does not count!!  The law does not define thisThe law does not define this  Applies to labor organizations, employers, employmentApplies to labor organizations, employers, employment or licensing agenciesor licensing agencies  Look at the offense: what was it, where did it happen,Look at the offense: what was it, where did it happen, when did it happen?when did it happen?  Now look at the job duties…Now look at the job duties…
  19. 19. LETTER OF EXPLANATIONLETTER OF EXPLANATION  What it isWhat it is  WhyWhy  WhenWhen  What to sayWhat to say  What not to doWhat not to do  ExamplesExamples
  20. 20. What It IsWhat It Is  Explanation of criminal historyExplanation of criminal history  Accepting responsibility for choicesAccepting responsibility for choices  Discusses lessons learned from pastDiscusses lessons learned from past choiceschoices  An opportunity for you to present yourselfAn opportunity for you to present yourself in a positive light and to not be defined byin a positive light and to not be defined by your pastyour past
  21. 21. Why To Use ItWhy To Use It  HR perspective – they want to find “an out” ifHR perspective – they want to find “an out” if they know you have a recordthey know you have a record  Trash – try to prevent the app from being tossedTrash – try to prevent the app from being tossed outout  Do not put “will discuss in interview on a jobDo not put “will discuss in interview on a job application”application”  Take control of your job searchTake control of your job search  Increase chances of interview or hiringIncrease chances of interview or hiring  A way to get employers to get to know youA way to get employers to get to know you
  22. 22. When To Use ItWhen To Use It  Filling out a job applicationFilling out a job application  To prepare for how you will verballyTo prepare for how you will verbally explain your history in an interviewexplain your history in an interview  Give to a potential employer in anGive to a potential employer in an interview after you’ve talked about itinterview after you’ve talked about it
  23. 23. What To SayWhat To Say  The complete truthThe complete truth  Use soft, positive wordsUse soft, positive words  Use your own voiceUse your own voice  Give employer respect and honestyGive employer respect and honesty  Tell them that when they do a background check theyTell them that when they do a background check they will find thingswill find things  Tell them what they will findTell them what they will find  Accept responsibility for choicesAccept responsibility for choices  Explained any lessons learned, classes taken, newExplained any lessons learned, classes taken, new insights, etcinsights, etc  Talk about what makes you special – why should theyTalk about what makes you special – why should they hire you?hire you?  Tell them you are excited about an opportunity to workTell them you are excited about an opportunity to work with them and you look forward to meeting with themwith them and you look forward to meeting with them
  24. 24. What Not To DoWhat Not To Do  Say too much about the offenseSay too much about the offense  Take up more than one pageTake up more than one page  Make excuses for choicesMake excuses for choices  Pass blamePass blame  Create/show a victim mentalityCreate/show a victim mentality
  25. 25. ExampleExample To Whom It May Concern:To Whom It May Concern: The things I value most are honesty, integrity and directness. Therefore, upon conducting a backgroundThe things I value most are honesty, integrity and directness. Therefore, upon conducting a background check, you will find that I have felony convictions for Theft in a Business Setting and a misdemeanorcheck, you will find that I have felony convictions for Theft in a Business Setting and a misdemeanor for Disorderly Conduct.for Disorderly Conduct. From this experience I have grown and taken personal responsibility for my actions. I also hurt manyFrom this experience I have grown and taken personal responsibility for my actions. I also hurt many people from my mistake and realize I can’t change what is already done but I can make the best withpeople from my mistake and realize I can’t change what is already done but I can make the best with what is left. I am very remorseful of my actions and feel it is not only important, it is necessary towhat is left. I am very remorseful of my actions and feel it is not only important, it is necessary to continue making my restitution payments, to give back to the community through public speaking oncontinue making my restitution payments, to give back to the community through public speaking on the negative affects that gambling can have and to donate crocheted items I make to shelters,the negative affects that gambling can have and to donate crocheted items I make to shelters, churches and charities. I have made a terrible mistake however, I would like to put it behind me andchurches and charities. I have made a terrible mistake however, I would like to put it behind me and keep moving forward. I am looking for a second chance to reestablish myself in the community.keep moving forward. I am looking for a second chance to reestablish myself in the community. I am eager to purse this or other opportunities with your company. I believe my experience will allow meI am eager to purse this or other opportunities with your company. I believe my experience will allow me to contribute to the successful day-to-day running of your company. I can adapt to adversity and workto contribute to the successful day-to-day running of your company. I can adapt to adversity and work assignments with minimal supervision. I am a go-getter, hard worker, reliable, team orientedassignments with minimal supervision. I am a go-getter, hard worker, reliable, team oriented professional that has a lot to offer the right company. In addition your company could be eligible forprofessional that has a lot to offer the right company. In addition your company could be eligible for up to $9,000 in tax credits for hiring me. To guarantee that I will be an honest worker, I can beup to $9,000 in tax credits for hiring me. To guarantee that I will be an honest worker, I can be bonded up to $25,000 through the Fidelity Bonding Program. I will be happy to supply you with morebonded up to $25,000 through the Fidelity Bonding Program. I will be happy to supply you with more information at your request.information at your request. I look forward to the opportunity to further discuss my qualifications and address any questions you mayI look forward to the opportunity to further discuss my qualifications and address any questions you may have. Thank you for your consideration.have. Thank you for your consideration. Sincerely,Sincerely, Pamela ProudPamela Proud
  26. 26. SummarySummary  You need to be the expert of you.You need to be the expert of you.  You should take control of your job searchYou should take control of your job search and your life.and your life.  There could be consequences for notThere could be consequences for not reporting your entire criminal history.reporting your entire criminal history.  You do not have to be defined by yourYou do not have to be defined by your past.past.  Do your homework.Do your homework.  Never give up!Never give up!

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