This document outlines a proposed workshop called "EDUCATE" that aims to increase employment among individuals with criminal records. The workshop would consist of 4 modules that educate participants about laws protecting against employment discrimination based on criminal records in New York state, such as Article 23-A and certificates of relief. It would teach participants how to advocate for themselves, gather evidence of rehabilitation, obtain their criminal records, write explanation letters for employers, and approach employers about their criminal history. The goal is to reduce barriers to employment and recidivism by empowering individuals with criminal records to utilize legal protections and present themselves effectively to potential employers.

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2. What is the purpose of the
“EDUCATE Workshop”?
 The goal of this program is to increase gainful
employment for people with criminal records
 This program significantly increases
their chances of employment by:
 Providing education on how to utilize laws and recourses
established to protect them from unfair discrimination

3. What exactly do you mean by “helping
them take advantage of the law?”
 New York has passed powerful legislation to protect ex-offenders
from discrimination based upon their criminal record.
 Laws such as Article 23-A, Human Rights Law, and Certificates of
Relief from Disabilities & Good Conduct, are highly unique and
powerful safeguards for ex-offenders in New York State
 With all these protections New York has established to protect this
population, it is crucial to ensure they are being utilized to their
upmost potential.
 The EDUCATE Workshop is all about maximizing the benefits of
these protections by teaching the stakeholders how to use them to
their advantage.

4. How does this program teach ex-
offenders to use these laws &
protections to their advantage?
The workshop will
consist of 4 Modules…

5. A rigorous break-down of Article 23-A, Human
Rights Law, and Certificate of Relief from
Disabilities / Good Conduct

9. What will the EDUCATE Workshop look like in my county?
 The format of the workshop can be customized to suit the needs
of your community resources
 Re-Entry Task-Force Coordinators could oversee the
implementation of the workshop
 Professional staff should be used as trainers in the workshop.
Volunteers can also participate
 Ex-offenders could be trained as volunteers to help educate and
connect with the participants
 There should be 1 helper per 2 participants during 2nd & 3rd
module for time efficient and quality purposes
 The workshop would be held as a bi-weekly or monthly event
lasting between 3-5 hours
 Modules can also be separated into weekly one hour sessions for
one month until participants graduate from the program

10. Isn’t there already programs to help
ex-offenders with employment issues?
 • DCJS is doing an excellent job at addressing employment
needs among ex-offenders. There are already highly successful
programs implemented throughout New York State such as:
 Employment Matters
 Ready, Set, Work!
 Retention Counts!
 Along with many more…

11. What makes this program different?
 While some of these programs do indeed address the issue of
employment discrimination for ex-offenders…
 The EDUCATE Workshop is solely and uniquely designed to address
the largest barrier to an ex-offenders employment:
 That is THE SCAR OF A CRIMINAL RECORD.
 This program is specifically targeted to focus on discrimination
issues, and thoroughly train ex-offenders how to take advantage of
the laws and safeguards established to protect them.
 This program consists of 4 hours worth of modules, making it
time efficient and accessible to agencies who are looking to
focus solely on the criminal record barrier.
 This is an issue that deserves its own attention

12. What is the need for this program?
 Research has consistently shown that the existence of a
criminal record significantly reduces the likelihood of
receiving a call back from an employer.
 This program will serve to increase the self esteem and
confidence of ex-offenders who feel they have no hope.
 This training will help to level the playing field for ex-
offenders so that they can thrive from the training they
receive from other workforce development programs.
 EDUCATE Workshop is a valuable addition to any program

13. Performance Measures
& Outcomes
Ongoing program oversight will be provided
quarterly to measure cost and outcomes

14. Evaluation Strategies
 Document all cost associated with program implementation
 Intake survey used to form baseline:
 Length of unemployment
 Length of time since release from prison
 Total length of time in prison
 How many jobs applied for
 Follow up survey 3 months later or follow up monthly phone call to track anticipated
outcomes:
 Has employment been found?
 Salary
 Any incarcerations?
 Length of total employment
 How many jobs applied for
 Calculate cost of previous incarceration and previous unemployment
 Calculate money saved staying out of prison and finding employment.
 Subtract cost of EDUCATE Workshop to determine total savings
 If the recidivism rate has dropped by 10% and the employment rate has increased
by 25%, then these numbers can be used to determine exactly how much money
the county or state is saving by sustaining the program.

15. Intake Survey
ease take the time to complete this voluntary survey for us to be able to improve the services we provide to you and
ur consumers. All information you provide will be kept entirely confidential and will only be used for the sole purpose
uality assurance and measuring performance outcomes. Your personal information will NOT be disclosed to ANYONE
her than the people assisting you with this workshop, and the lead evaluator/founder of this workshop, Michael
egan. By completing and signing this form, you agree to give Michael permission to contact you for a total of 4 brief
hone interviews, occurring every 3 months for one year, to keep track of your progress after completing the program.
ame: ____________________________ Signature: ____________________________
hone: (Home) _______________________ (Cell) ______________________________
mail: _________________________ Mailing Address: ____________________________
__________________________________________________________________________
est method of contact: (circle one) HOME CELL EMAIL POST-MAIL
est time to reach you: (circle one) MORNING DAY EVENING
1. How long were you incarcerated before your most recent release?
________________________________________________________________________
2. How long have you been incarcerated throughout your lifetime?
________________________________________________________________________
3. How many convictions do you have on your RAP Sheet?
________________________________________________________________________
4. How many convictions are felonies, and how many are misdemeanors?
________________________________________________________________________
5. How long have you been out of prison or jail since your most recent conviction?
________________________________________________________________________
6. Are you currently employed? If employed, how long? If unemployed, how long?
________________________________________________________________________
7. How many jobs have you applied for since your release?
________________________________________________________________________
8. How many employers have called you for an interview after applying for a job?
________________________________________________________________________
9. How many employers have hired you since your most recent release?
________________________________________________________________________
10. Why did you decided to attend this workshop and what did you hope to learn?
________________________________________________________________________
Follow-Up Quarterly Phone Survey
Hello, my name is Michael Regan and you gave me permission to call you for a follow up confidential and voluntary
phone interview about your progress since participating in the EDUCATE Workshop. If you have some time, I would
like to take just 5 minutes to briefly ask you some questions about your experience with the EDUCATE Workshop so
far. If you are too busy, I would be happy to call you back at a time that works around your schedule.
Name: ____________________________ Signature: ____________________________
Phone: (Home) _______________________ (Cell) ______________________________
Email: _________________________ Mailing Address: ____________________________
___________________________________________________________________________
Best method of contact: (circle one) HOME CELL EMAIL POST-MAIL
Best time to reach you: (circle one) MORNING DAY EVENING
1. How familiar are you with Article 23-A of the New York Corrections Law (Scale 1-5)
Know very little 1 2 3 4 5 Know a lot
2. Have you obtained evidence of rehabilitation? If so, what kind?
______________________________________________________________________
3. Have you applied for a Certificate of Relief from Disabilities or Good Conduct?
______________________________________________________________________
4. If you have applied, where are you at in this process?
______________________________________________________________________
5. Have you applied for a copy of your criminal RAP sheet? If so, have you obtained it?
______________________________________________________________________
6. Are you currently employed? If employed, how long? If unemployed, how long?
______________________________________________________________________
7. How many jobs have you applied for since participating in the workshop?
______________________________________________________________________
8. How many employers have called you for an interview after applying for a job?
______________________________________________________________________
9. How many employers have hired you since participating in the workshop?
______________________________________________________________________
10. What did you like most about the workshop? And what did you like least?
______________________________________________________________

17. Distributing Brochures
 Brochures can be used to advertise
this workshop to your clients.
 In order to print the brochure:
 Make sure you select “Print on Both
Sides” (Flip Page Short Edge)
 Look for dashes and fold each dash

18. Logic Model: “EDUCATE” Work-Shop
Inputs
• Re-entry Task-Force
• Parole Re-entry
Coordinator
• Coach(s) to help “Train
the Trainer”
• Trainer(s)-Paid Staff or
Volunteer(s)
• Room or building with
power point projector
to host the work-shop
• Paper and ink for
handouts, pamphlets
and flyers
• Clients, Staff, Parole
Officers etc. to attend
the work-shop
• Money for supplies and
advertising
Activities
• Collaborate with Re-
entry Coordinator to
discuss feasibility and
logistics of work-shop
• Find a location and
source of funding to
host bi-weekly sessions
• Recruit and train staff
and/or volunteer(s)
to host work-shop
• Develop curriculum
and PowerPoint for
training the clients
• Send email to re-entry
staff & case managers
w/ date/time/location
• Make pamphlets and
flyers to explain event
• Invite all clients to
attend and coordinate
transportation
Outcomes
• Clients will understand
their rights and have a
better understanding of
recourses to protect them
• Clients will learn how to
advocate for themselves &
gather evidence of rehab
• Clients will have well
written letters of
explanation for their crime
to present to employers
• Eligible clients will obtain
Certificates of Relief/
Good Conduct
• Clients will pro-actively
approach an employer to
explain criminal record in a
presentable, effective way
• Clients will find gainful
employment and live
productive lives; thereby
reducing recidivism
Outputs
• Educate clients about
Article 23-A, Human
Rights Law, and
Certificates of Relief
• Assist clients with
developing a plan for
gathering evidence of
rehabilitation and
obtaining rap sheet
• Assist clients with
writing a letter of
explanation for their
crime(s) to attach with
job applications
• Train clients how to
approach an employer
with job application,
letter of explanation,
and evidence of rehab
• Assist clients with
obtaining and filling out
applications for
Certificates of Relief
Program Goal : To increase gainful employment for individuals with criminal records through education
and training on how to utilize laws and recourses established to protect them from unfair discrimination
EVALUATION

19. QUESTIONS?
Email: michael.regan@aol.com
Phone: 570-906-0168

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21. Unemployment & Recidivism
 67% of those paroled will be rearrested within 3 years
 Over 50% will return to prison
 Failure occurs quickly, often within the first months of release
 There is a 60% unemployment rate one year after release from prison
 In New York, 89% of parole violators are unemployed during violation
 A 10% decrease in real wages of low-skilled workers results in a 10-
20% increase in criminal activity
(Adapted from Center for Employment Opportunities)

22. Why Working Works:
Recidivism Outcomes
Three year re-incarceration rate, 1999*
(clients who returned to prison/Life Skills graduates)
(Adapted from Center for Employment Opportunities)

23. The Mark of a Criminal Record
(Pager, 2003)
A total of 350 employers from
various industries were audited
during the course of this study: 150
by the white pair and 200 by the
black pair.
Each pair had equal qualifications
and credentials and were applying
for the same position. However, one
applicant had a criminal record and
the other did not.
The ratio of callbacks for non-
offenders relative to ex-offenders
for whites is 2:1, this same ratio for
blacks is nearly 3:1.
Black Bar = criminal record
Striped Bar = no record

24. Criminal Background Checks

25. Breaking Free From
The Chains of a Criminal Record:
What can be done to stop this cycle?
New York State is ahead of it’s time in advocating for people
with criminal records and offers many protections that are
often unknown by the people who are depending on them.
3 Protections that are unique to the State of New York:
1. Article 23-A of the New York Corrections Law
2. New York State Human Rights Law
3. Certificates of Relief from Disabilities and Good Conduct

26. New York State Human Rights Law
 States that an employer cannot inquire about or consider arrests that
did not lead to a conviction, sealed violation-level offenses, or youthful
offender adjudications.
 You are not required to answer any questions (written or verbal) about
an arrests that did not lead to a conviction, sealed violation-level
offenses, or youthful offender adjudications.
 The New York State Human Rights Law also provides some
protection to employers from negligent hiring claims, as long as the
employer complied with Article 23-A. This makes them more likely to
hire a person with a criminal record.
 The Human Rights Law does not protect against questions regarding
criminal convictions.
(Criminal conviction is a guilty plea, or a court’s
finding of guilt for a crime or an offense)

27. Article 23-A Basics
 New York State law established in 2009 meant to promote employment
opportunities for individuals with one or more criminal convictions.
 It seeks to provide a level playing field for individuals with criminal
convictions who are looking for work and/or licensure
 Prohibits an employer from unfairly discriminating against a person
previously convicted of one or more criminal offenses.
 Requires employers to evaluate qualified job seekers and current
employees with conviction histories fairly and on a case-by-case basis.
 The law specifies eight factors that employers must consider when
evaluating an applicant with a prior conviction in ordered to determine
whether or not to hire an applicant with a prior conviction.
 Each factor must be considered in light of the others. It is important to
remember that no single factor should determine the outcome of the
hiring process.

28. License, Registration & Certificate
 These laws also apply to individuals who are seeking a license, registration,
or certificate required by the state to work more than 100 occupations.
 Municipalities (e.g. New York City) may also have occupational licensing
requirements that work to exclude people with a history of criminal
convictions. Some common occupations requiring licensure include:
 Bus Driver
 Barber/Hairdresser
 Certified Nursing Assistant (CAN)
 Certified Public Accountant (CPA)
 Emergency Medical Technician (EMT)
 Engineer
 Licensed Practical Nurse (LPN)
 Registered Nurse (RN)
 Teacher
 Social Worker
 In situations where licensure is necessary for employment, the responsible
state or municipal agency is required to follow the provisions of Article 23-A
in the same manner as employers.

29. What are the eight factors?
1. New York State’s public policy of encouraging the employment of
persons with prior convictions.
2. The specific duties and responsibilities necessarily related to the job
3. The bearing, if any, the criminal offense(s) for which the person was
convicted will have on his ability to perform one or more duties
4. The time which has elapsed since the occurrence of the offense(s)
5. The age of the person at the time of the occurrence of the offense(s)
6. The seriousness of the offense or offenses.
7. Any information produced by the person, or produced on his behalf,
in regard to his rehabilitation and good conduct.
8. The legitimate interest of the employer in protecting property, and
the safety of specific individuals or the general public.

30. New York State’s public policy of
encouraging the employment of
persons with prior convictions.
 This factor must be considered in making a hiring decision
 It is the policy of the State of New York to encourage employers to hire
applicants with prior convictions.
 Article 23-A aims to eliminate bias and illegitimate obstacles people
with prior convictions face when seeking work

31. The specific duties and
responsibilities necessarily related to
the license or employment sought.
 What does the job entail?
 What are the responsibilities of the job?
 Are any special skills required?
 What is the job like on a day-today basis?
An employer must think about these questions before
making their hiring decision

32. The bearing, if any, the criminal offense for which
you were previously convicted will have on your
ability to perform one or more such duties
 Do the job responsibilities share any qualities with the activities that led to the
conviction?
 Does this offense make the applicant less suitable for the job?
 A person convicted of burglary or credit card fraud may not be suitable for a job
counting money at the bank.
 That same person may be well suited for a position as a chef or waiter in a
restaurant, auto mechanic, a nurse, social worker, construction etc.
 A drug conviction does not necessarily affect your ability to work in a hospital that
administers narcotics if you do not have access to the drugs or authorization to
administer them yourself.
 A theft conviction does not affect your ability to work in a retail store if you are not
the employee responsible for handling the money and finances
 A violent conviction does not necessarily affect your ability to take care of people in
a healthcare or human service setting.
 More examples?
THIS FACTOR CANNOT BE USED ALONE WHEN MAKING A HIRING DECISION
=

33. The time which has elapsed since the
occurrence of the criminal offense or offenses.
Research shows that if a person is conviction-free for
four to seven years or longer, the likelihood of future
arrest is about the same as for someone who has
never been convicted of a crime.
Even if an applicant has a recent conviction, an
employer is obligated to consider evidence of
rehabilitation and other facts and circumstances
that indicates that the applicant does not present a
significant risk of re-offending.

34. The age of the person at the time of the
occurrence of the criminal offense(s)
It is not uncommon for someone who exercised poor
judgment when they were young to mature into a
productive, hard working, law abiding adult.
An older adult who was convicted of crimes in their
twenties could likely have become a fully rehabilitated
individual.
A person who is convicted of a felony at 16 years old can
be tried as an adult and sent to prison.

35. The seriousness of the offense(s)
 The title of the criminal conviction is not the end of the story.
 Questioning the circumstances of an offense will often provide
greater insight into the seriousness of the conviction.
 A reckless, inexperienced driver who causes a fatal accident is
quite different than someone who, under the influence of illegal
drugs, chooses to go on a joyride that ends in a fatal crash, even
though both may receive a similar criminal conviction.
 An individual who throws an object — no matter how big or small,
light or heavy — at another individual while in a heated dispute
may be charged with assault with a deadly weapon.
 A youth who may have taken another youth’s book bag off his body
to toss it around can be charged with robbery.
 Therefore, the circumstances of the case may more accurately
reflect the seriousness of the conviction.

36. The interest of the employer in protecting property,
and the safety and welfare of specific individuals or
the general public.
 Examples from the courts include:
 A court found that an applicant’s nine-year old manslaughter conviction was
not directly related to the position of housing caretaker, and that based on
this conviction the applicant did not pose a risk to property or public safety.
However, when considered in light of the applicant’s three-year-old
convictions for criminal possession of a narcotic drug with intent to sell and
criminal possession of a controlled substance, the court held that the
applicant had demonstrated a lack of rehabilitation and that his involvement
in drugs and violence posed an unacceptable risk to the housing tenants.
 A woman with nine drug possession/prostitution convictions, and one
manslaughter conviction, was held to be properly employed as an eligibility
specialist with the Human Resources Administration. The drug
possession/prostitution convictions were over ten years old and she had
since completed a detoxification program and college courses. While the
manslaughter conviction was more recent, she received the minimum
sentence, was considered a model parolee, and had relevant prior work
experience. The judge found that had the employer properly considered the
factors under Article 23-A, he could not have reasonably concluded that she
should be disqualified from employment

37. Any information produced by the person in regards
to their rehabilitation and good conduct.
This is the one factor that is within your control!
 There are a variety of ways that applicants with prior convictions can
demonstrate that they have put their lives back on track and that they will
be successful and valuable employees.
 Applicants may seek to demonstrate their rehabilitation by presenting
documents from prior jobs they have held or programs they’ve been
involved with since the time of his/her offense.
 Examples include:
 Education (transcripts, diploma, honor roll etc.)
 Reference Letters from employers, pastor, family, friends, teachers etc.
 Certificates of completion for rehabilitation programs in or out of prison
 Evidence of participation in counselling, workforce development, etc.
 Volunteer programs in community or church
 Letter of explanation from yourself
 Certificates of Relief from Disabilities and Good Conduct
MORE WILL BE DISCUSSED IN MODULE 2

38. Certificates of Relief from
Disabilities or Good Conduct
 According to Article 23-A, an employer is also required to give
consideration to a certificate of relief from disabilities or a
certificate of good conduct issued to the applicant.
 This certificate creates a presumption of rehabilitation in regard
to the offense(s), and will remove any automatic bar to an
applicant’s employment or license
 Certificate of Relief from Disabilities is for individuals seeking to
remove limitations from one conviction only
 One conviction could mean multiple convictions stemming from the
same indictment
 Certificates of Good Conduct are for individuals seeking to
remove limitations from multiple convictions or individuals
seeking to hold public office.
MORE WILL BE DISCUSSED DURING MODULE 3

39. When can an employer deny my job?
 Only under two (2) narrowly defined circumstances:
1. Where there’s a direct relationship between some or all of the previous
criminal offenses and the specific job or position the individual is seeking or
holds; or
2. When hiring, or continuing to employ the individual would present an
unreasonable risk to the employer’s property, specific individuals, or the
general public.
 The conviction itself is not a legitimate reason and an employer MUST use
ALL eight factors in making their determination
 At the request of the applicant who has been denied a license or
employment, an employer must provide, within thirty days of a request,
a written statement stating the reasons for such denial. If the weighing of
all factors indicates that an applicant is suitable for the position sought,
then an employer should be prepared to demonstrate a legitimate reason,
not related to the prior conviction, for not hiring the applicant.

40. What to do if your rights are violated
 If you feel you’ve been discriminated against because of your criminal record:
 Talk with your potential employer and explain to them your concerns.
 Not all employers are aware that this law exists, and perhaps there is a different reason you
were not given the position that is unrelated to your criminal history
 If you still feel that your rights have been violated after speaking with the employer:
 Contact the Legal Action Center (http://lac.org/index.php/lac/legal_services)
 LAC offers free representation from attorneys who specialize in criminal record
discrimination. They also offer assistance obtaining rap sheets and certificates of relief
 Legal Action Center, 225 Varick Street, New York, NY 10014
 Phone # (212) 243-1313; toll free 1-800-223-4044; E-Mail: lacinfo@lac.org
 Hire a private attorney on a contingency agreement
 Contingency lawyers do not charge any up front retainer fees. There is no fee if you lose the
case. They will only represent strong cases and take 30-40% of your lawsuit reward.
 Contact Jeffery Rosenberg at Phillips & Associates to schedule a free consultation (212-785-3097)
 Also look at this website for a complete list of resources for ex-offenders
 http://www.cases.org/resources/links/

41. TESTING YOUR KNOWLEDGE!
HIRED OR FIRED?
Each team will make an employment decision in
accordance with Article 23-A of the NY Corrections
Law based on the case scenarios provided.

42. Case Scenario #1: Kendra
 Hired- While the grocery store does have legitimate concerns about
protecting their property, this applicant has proven to make remarkable
changes in her life and a significant amount of time has passed since the
offense. Therefore, the favorable factors outweigh the negative factors.

43. Case Scenario #2: Joe
 Employment Denied – The fire department’s overriding responsibility is to
the protection of property and the safety of the general public. The
applicant was 29 at the time of the most recent convictions for DWI and
assault and battery. The unfavorable factors support the fire department’s
decision to deny employment to the individual.

44. Case Scenario #3: Anton
 Hire the Applicant – The decision to hire this applicant is supported by the
amount of time that has passed since the conviction, successful completion of
the GED and college coursework, and the strong recommendations of a former
teacher and former employer. The favorable factors far outweigh the negative

45. Case Scenario #4: Eddy
 Hire the Applicant – The decision to hire this applicant is supported by the
amount of time that has passed since the most recent conviction, the completion
of a job training program and anger management program, and the fact that the
offenses have no bearing on the applicant’s ability to perform the essential
functions of the job. The favorable factors outweigh the negative considerations.

46. Case Scenario #5: Juan
 Employment Denied – Juan's conviction of selling prescription pain medication and
heroin are directly related to his job description which would allow him access to
prescription medication. Furthermore, Juan was a full grown adult at the time of
conviction and only one year has passed since his offense. Therefore, the employer
would be justified in denying Juan employment.

47. Case Scenario #6: Mariah
 Hire the Applicant – The decision to hire this applicant is supported by the amount of time
that has passed since the most recent conviction, the letters of recommendation by her
parole officer and addictions counselor, and the fact that the offenses have no bearing on
the applicant’s ability to perform the essential functions of the job. The favorable factors
outweigh the negative considerations.

48. Where do we go from here?
 Now that you are fully aware of your rights and protections, the
following modules will include:
1. Brainstorming ideas to gather evidence of rehabilitation and
supporting documentation. Along with assistance in writing a letter
regarding your criminal history and rehabilitation journey
2. Assistance with applying for a Certificate of Relief from Disabilities
and/or Good Conduct
3. Training on how to present these materials to an employer and stand
out above the rest

49. QUESTIONS
OR
COMMENTS?

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51. Taking Control of Circumstances
 Out of all 8 factors from Article 23-A which an
employer must use in making a hiring decision…
Only ONE is within your control.
 Thankfully, this is probably the factor that carries the
most weight in the eyes of an employer.
 This factor is?…


52. Evidence of Rehabilitation
 There are a variety of ways to show you’ve put your life back on
track and that you can be a successful employee
 Applicants may seek to demonstrate their rehabilitation by
presenting documents from prior jobs they have held or
programs they’ve been involved with since the time of the
offense.
THERE IS NO SUCH THING AS AN INSUGNIFICANT ACHIEVEMENT
The more documents you provide, the less your rap sheet stands out

54. Examples Might Include:
 Recommendation letters from:
 Past employers, job-counselors, pastors, family, friends, therapist,
case worker, parole officer, former C.O. or prison staff, D.A.,
teachers, AA/NA sponsor or sponsee
 Evidence of volunteering in the community
 Public speaking, local church, food pantry, etc.
 Documentation of Rehabilitation Program
 Drug & Alcohol, Victim Awareness, Anger Management, Bible
Study, DUI Course, AA/NA etc.
 Educational / Training Certificates and Diplomas
 Vo-tech, High School Diploma, College Transcript, Work Training,
CPR/First Aid, Certificate of Appreciation
THERE IS NO SUCH THING AS AN INSUGNIFICANT ACHIEVEMENT

55. Collecting Letters of Recommendation
 Do not be ashamed to ask for help.
 If people see you are trying to change your life, they are
often willing to support you
 Get involved in your community.
 Building relationships with respectable members of society is
a great way to gain letters of support
 Earn back trust from family, friends and community.
 Trust is something that must be earned and doesn’t happen
overnight. Once you have earned the trust and admiration of
your community, then ask them to write you a letter.

56. How should I ask for help?
 Explain the reason you are asking for a letter.
 Why do you need help? What the letter will be used for?
 Why are you asking them for a letter? What is unique about the
context of your relationship and their credentials?
 Never try to hide your past. Do not be ashamed to tell your
story… you are much more than your criminal rap sheet.
 The author of the letter should know who you used to be, but
focus on who you are today.
 Do not hesitate to highlight your accomplishments.
 Let the author know about all of your accomplishments to give them
the fuel they need to write your letter
 Always ask for the letter to be signed and written on an official
letterhead (when possible).

57. Academic Achievements
 Can you show that you were in school for at least six
months, or are now in school, and have a positive
school record? If so, try to get:
 A transcript-- AND -- a letter from a teacher or school
administrator, if that person can say you:
 -- were in school for at least 6 months or now in school
 -- had great attendance and punctuality
 -- had excellent grades, and
 -- are motivated to learn and get ahead in life.
 Make sure to save any honors, awards, scholarships,
deans list, community projects etc.

58. Job Training
 Can you show that you stayed in a job training program
for at least six months, or are now in such a program, and
have a positive record?
 If so, try to get a letter from a program supervisor or
administrator, if that person can say that you:
 were in program for at least 6 months or are now
 had or have great attendance and punctuality
 are motivated to learn and get ahead in life
 have learned useful skills to apply to a job; and
 get along well with others.
 Training could also include short term training courses
from your job such as first aid, safety, skill building etc.

59. Employment
 Can you show that you kept a job for at least six months
and had a positive work record?
 If so, try to get letters from as many such jobs as you can –
from a supervisor or another person on the job who worked
with you – if they can say . . .
 what the job was and how long you worked there
 what your job responsibilities were
 how well you performed your job
 whether you were promoted while on the job
 that you had an excellent attendance record and came to
work on time, and
 that you are motivated, responsible and get along well with
others.

60. Counseling or social service program:
 Can you show that you spent at least six months, or are now
involved in a counseling or other social service program (including
a drug treatment program) to deal with the problem that led to your
involvement with the criminal justice system?
 If so, try to get a letter from your counselor, therapist or doctor if
s/he can truthfully say that you:
 had or have great attendance
 had clean/negative drug tests for at least 12 months (get the drug test
results, too)
 showed excellent motivation and desire to change
 fully participated in programs
 got along well with others
 understood the causes of your past behavior and were committed to
positive growth
 were not a risk to the safety of others, and
 no longer associated with the peers/friends who got you into trouble in
the first place.

61. 12 Step Program
 If you are involved in any 12 Step Program such as AA
or NA, ask your sponsor or another member to write
you a letter if s/he can say that you are:
 Attending meeting frequently
 Working the 12 steps
 Working an honest program
 Finding a home group and a sponsor
 Keeping commitments such as speaking, coffee,
managing the money, chairing a meeting etc.
 Sponsoring/ mentoring other AA/NA members

62. Clergy
 If you play a leadership role in your community and
volunteer, ask your priest, minister, imam, rabbi or
spiritual leader to write a letter on your behalf saying
so.
 This could include:
 Activities you help with
 Your commitment to your faith
 Your spiritual growth and transformation

63. Volunteer Work
 If you have volunteered for a school, nonprofit
organization or other group, try to get a letter from a
responsible person saying that you:
 are responsible
 have made a good contribution to the work of the
program, and/or
 are dedicated to your volunteer work.
 Public speaking could be a great way to volunteer for
your community.
 You have a story to tell… don’t keep it a secret

64. Parole or Probation Officer:
 If your parole or probation officer can say the
following things truthfully, ask him/her to write a letter
commenting on you’re:
 clean/negative drug tests for at least 12 months
 positive outlook
 compliance with all court requirements
 Treatment, Fines, Restitution, Community Service
 exceptional motivation.

65. Programs Completed in Prison
 Prison programs are not a waste of your time. They show
that you took your sentence seriously and used your time
constructively to better yourself.
 This could include:
 Anger Management, Victim Awareness, Drug and Alcohol,
AA/NA, Bible Study, School, Work Detail etc.
 If you did not save your certificates, contact the prison and
ask for documentation showing rehabilitation or:
 Ask for a reference letter from a C.O. or Prison Staff

66. Certificate of Relief from Disabilities
or Good Conduct
 This certificate creates a presumption of rehabilitation in
regard to the offense(s), and will remove any automatic bar
to an applicant’s employment or license
 Certificate of Relief from Disabilities is for individuals seeking
to remove limitations from one conviction only
 One conviction could mean multiple convictions stemming
from the same indictment
 Certificates of Good Conduct are for individuals seeking to
remove limitations from multiple convictions or individuals
seeking to hold public office.
MORE TO COME IN MODULE
3

67. Keeping Track of Your Progress
 Be sure to save every piece of evidence you have to
demonstrate your rehabilitation
 Find a file folder to save and organize your documents.
Make copies incase you lose them
 Find a USB flash drive to save electronic copies. This
could be helpful for email correspondence
 This file is your key to unlocking the barriers of your
criminal record
 This collection is an ongoing process.
Rehabilitation is a journey, not a destination

68. What Does Rehabilitation Look Like For Me?

69. Your Chance to Speak for Yourself
 Most applications ask if you have ever been convicted of a
crime and leave only 1-2 lines for an explanation.
 Everybody has a story and yours is worth more than just a
couple of lines on an application
 This is your chance to explain your past mistakes and
emphasize your journey through rehabilitation
 Everybody makes mistakes, but an employer wants to know
what you learned from those mistakes
 This letter could be the most important piece of evidence you
have to demonstrate your rehabilitation

70. Tips for an effective letter
 Take accountability for your actions and explain your
offenses
 Provide dates of arrest/conviction, and explain the
sentencing disposition
 It is okay to explain your side of the story, but make sure to
show remorse for your crime
 Emphasize what you learned from your mistakes
 Emphasize what you have done to rehabilitate yourself
since the date of your last crime
 Explain how your past can make you a more effective and
reliable worker

71. When explaining your crime(s)…
DO:
 Take accountability for
your actions
 Explain your offense(s)
 Focus most on your
efforts of rehabilitation
 Use the factors listed in
Article 23-A to emphasize
any points that work in
your favor
 Explain any mitigating
factors unique to your
situation
DON’T:
 Make excuses
 Push blame on others
 Provide more detail than
necessary
 Show a lack of remorse
 Write more about your
past mistakes than your
present achievements
 Forget to proof-read your
letter and ask someone
else for help

72. Excuses vs. Accountability
 “I was convicted of an aggravated assault for being
involved in a drive by shooting. I did not deserve this
conviction because I did not shoot the gun and the bullets
did not even hit a person. This entire incident was my co-
defendants idea and I just went along for the ride without
knowing what he was going to do”
VS.
 “I was convicted of an aggravated assault after being in a
car involved in a drive by shooting. I was not the shooter of
the gun; however I was just as guilty for being in the
vehicle. Thankfully, nobody was physically injured in any
way, although this is not to say that the victims of this crime
have not been mentally impacted from my poor decision.
This incident was a turning point for me to realize____ and I
have turned my life around by_____ since the date of my
crime.”

73. Excuses vs. Accountability
 “I was convicted of a DUI even though I was only slightly
over the legal limit. I definitely wasn’t drunk and I could
have easily driven home without trouble. The police had it
out for me because my family has a bad reputation.”
VS.
 “I was convicted of a DUI for after driving home from a
restaurant. I thought that I felt okay to drive; however, I
soon discovered I was not okay after blowing a .10 in the
breathalyzer. I understand how serious this was and I am
grateful nobody was hurt due to my irresponsible
decision. I now realize that _____ and I have done _____
to prevent this from happening again.”

74. What’s next?
 Next module you will learn:
 How to obtain a copy of your RAP sheet
 How to determine if you are eligible for a
Certificate of Relief from Disabilities or
Certificate of Good Conduct
 How to apply for these certificates

75. Ready, Set… Write!

76. QUESTIONS
?

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78. *Before applying for a Certificate of Relief or Certificate of
Good Conduct, you must first obtain a copy of your RAP sheet.
*Your RAP sheet will help you understand which certificate you
are eligible to apply for
*Your RAP sheet can also help you determine which crimes you
will be requesting relief from
*What is a RAP sheet?
*RAP stands for “Record of Arrest and Prosecution.” A rap sheet is
a record of all your arrests and convictions. If you have ever been
arrested in New York State AND fingerprinted, you have a New
York State rap sheet.
*

79. *Recent reports show extensive errors
*Of 174 million arrests on file, only 45% have dispositions
*Many RAP sheets often have errors such as:
*Arrests with no disposition
*Mistaken arrests or charges
*Incorrect or incomplete sentencing information
*Duplication of entries
*Cases that should be sealed but aren’t
*Open bench warrants
*Know how to explain what an employer will see on your RAP sheet
*

80. *How you get your rap sheet from DCJS depends on whether you
live in New York and whether you can afford DCJS’s fee.
*If you cannot afford the fee:
*Fee-waivers are available if DCJS determines that you cannot
afford the $60.75 fee. To get a fee-waiver application packet,
contact DCJS at 518-485-7675 or 518-457-9847
*If you are on public assistance, you can qualify for a fee-waiver by
sending a photocopy of your EBT or Medicaid card.
*If not, you must include a notarized financial statement of
available assets and current income with your application so DCJS
can determine if you qualify for a fee waiver
*

81. *Contact L-1 Identity Solutions to make an appointment:
*(877) 472-6915 OR http://www.identogo.com/
*The fee to get a rap sheet is $60.75 (all fees included)
*MorphoTrust USA has 100 fingerprinting workstations spread around New
York, including some evening and weekend hours.
*You will be required to provide two forms of identification when you
appear for your appointment.
*Information on acceptable forms of identification can be obtained
through their Call Center and on their website.
*You will also need to provide MorphoTrust USA with the following ORI
Number - NYDCJSPRY - that applies to a Record Review.
*Your complete unsuppressed New York rapsheet will be mailed within 7 to
10 business days after DCJS receives the transaction from MorphoTrust
*You will also receive information on how to challenge any aspect of your
criminal history record.
*

82. *If you want to get information about your record in all states, as well
as any federal convictions, order your rap sheet from FBI.
*Begin by downloading this form on the following link:
* https://forms.fbi.gov/identity-history-summary-checks-review/q384893984839334.pdf
* Include a complete set of fingerprints (You must use an FBI
fingerprint card, on the following link:
*http://www.fbi.gov/about-us/cjis/identity-history-summary-checks/fd-258-1
*You can get fingerprinted by either the NYPD or by the New York State
Police. There may be a fee.
*Include a certified check or money order for $18 payable to the
“U.S. Treasurer.” (The fee may be waived if you send a notarized
letter explaining that you cannot afford it.)
*

84. *Certificates of Relief can:
*Remove statutory bars to employment, licensing, or public housing
residency, imposed because of a criminal conviction
*Provide a “presumption of rehabilitation,” meaning that you should
not be rejected for employment or refused a license just because
of your conviction
*Restores right to vote (if currently on parole for felony conviction)
*ONLY Certificates of Good Conduct can allow you to hold a public
office… Police officer, mayor, fire fighter, etc.
*

85. *Does not completely protect against denial of a job or license
because of a criminal record
*It is not a pardon
*It does not erase or seal the conviction record
*Convictions must still be disclosed on job applications
*Does not remove restrictions for certain government benefits or
educational benefits
*Jury Service – still left to Jury Commissioner’s discretion
*

86. *The major difference between Certificates of Relief from
Disabilities and Certificates of Good Conduct is who is
eligible to apply for each.
*Under most circumstances, the number of your felony
convictions will determine which certificate you apply for.
*There are almost no differences in the rights restored by the
two different certificates and both certificates demonstrate
rehabilitation equally.
*The one important difference between the certificates
involves restoring the right to hold “public offices.”
*You must apply for a separate certificate of relief from
disabilities for each offense you were convicted.
*

87. *You are eligible if you have been convicted of any number of
misdemeanors but no more than one felony
*In counting your felony convictions, you MUST include felony
convictions for federal or out-of-state charges.
*Conviction of more than one felony count in the same court on the
same day counts as one felony in applying for certificates.
*Two or more convictions stemming from two or more separate
indictments filed in the same court, prior to conviction under any
of them, also count as one felony.
*Cases in which you were adjudicated a juvenile delinquent or
youthful offender are not included because they are not felonies.
(They are also sealed.)
*Certificates can be granted to person who was convicted in another
jurisdiction / State and who now lives in New York State.
*There is no waiting period for this certificate… as long as the board
feels that you have demonstrated rehabilitation
*

88. *You are eligible for the Certificate of Good Conduct even if you have
been convicted of more than one felony.
*You do not become eligible for a Certificate of Good Conduct,
however, until a minimum period of time has elapsed from the date
of your unrevoked release from custody by parole or from the date
your sentence ended.
*If most serious offense (not most recent) is:
*Misdemeanor, then you must wait at least 1 year
*C, D, or E Felony, you must wait at least 3 years
*A or B Felony, you must wait at least 5 years
*The waiting period starts the last time you got out of prison (onto
parole or maxed out) OR the date of your last conviction if you
didn’t get state time for it, whichever was last.
*

89. HOW TO APPLY

90. *If you have not completed your sentence, you cannot apply directly
for a Certificate of Relief or a Certificate of Good Conduct.
*The application is submitted to the Board of Parole by Parole staff.
*If you are under parole supervision, you should discuss your desire
to apply for a Certificate with your Parole Officer.
*Certificates are temporary until you are released from supervision,
without a violation; after which they will automatically become
permanent
*

91. *Apply through the COURT(S) WHERE YOU WERE CONVICTED if:
*You are only seeking a Certificate of Relief from Disabilities and:
*If you were convicted in New York of a misdemeanor or of a felony but
served no time in state prison
*Apply through the DEPARTMENT OF CORRECTIONS
AND COMMUNITY SUPERVISON (DOCCS) if:
*You are seeking a Certificate of Good Conduct or:
*You are seeking a Certificate of Relief from Disabilities and:
*Your conviction resulted in commitment to a New York State Prison or:
*You were convicted in a federal court or out of state court
*The same application is used for both avenues. Follow this link:
*https://www.parole.ny.gov/pdf/parolecert.pdf
*Be sure to include evidence of rehabilitation with your application!

92. *You must submit with original application:
*Proof of payment of income taxes for the last three years.
* If you have received Public Assistance or Social Security for any or all of
this three-year period, a printout from the agency providing you with
support must be submitted, showing all benefits received.
*If you were convicted of a felony in a federal or out of state court, you
may need to be fingerprinted. You will be notified by mail.
*An investigation into your circumstances is required and will include, but
not necessarily be limited to, the following:
1. Employment history and means of support
2. Proof of payment of income taxes for the last three years
3. Proof of payment of any fines or restitution
*After all necessary documents and records have been received, a field
representative will contact you and arrange for an interview at your
home. They will then make a recommendation to the board.
*This entire process is lengthy and could take about 6-12 months
*

93. *Once you receive your certificate, make sure to keep plenty of
copies for your records. DCJS does not keep your original
*Contact DCJS to make sure your certificate status has been
applied to your criminal RAP sheet.
*Include this certificate in your “Evidence of Rehabilitation”
folder and be sure to include this with any job application that
asks about your criminal convictions.
*

94. *Now that you have completed the majority of the modules,
you are ready to put this knowledge into action.
*The last and final module will include:
*How to present this evidence of rehabilitation
to an employer with your job application
*How AND When to explain your crime during
the hiring process
*How to use your record to land a job interview
*

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97. Look How Far You’ve Come
 By this point you have:
 Educated yourself about your rights to a new life
 Become fully aware of the laws, protections and safe-guards available to
you as a person with a criminal record
 Learned about the importance of obtaining evidence of rehabilitation,
and developed a plan on how to collect sufficient documentation
 Formulated a well written letter explaining your criminal history, and
emphasizing your journey through rehabilitation
 Been taught how to obtain a copy of your RAP sheet to check for errors
and understand exactly what must be explained to an employer
 Learned how to obtain a Certificate of Relief from Disabilities or Certificate
of Good Conduct, which creates a presumption of rehabilitation and
automatically removes any permanent bars to licensure or employment

98. Putting Your Knowledge to Good Use
 You are now ready to take what you’ve learned in this workshop
and FIND THE JOB YOU’VE BEEN WAITING FOR!
 In this last and final module, you will learn helpful tips to rise
above your competition in the work force and overcome the
barriers to a criminal record

99. Be Persistent!
 The more work you put into finding a job, the greater the chances
are that you will find one
 Do not get discouraged by rejection… There are plenty of
employers just waiting to hire someone with your drive to succeed
 Your job hunt should be a job in itself. Take the time you would
have spent working and use that to find a job
 But remember, quality matters just as much as quantity

100. Be Thorough
 Your job application is a reputation of your work ethic.
 Each application should be fully completed, fully legible and well written
 The time and effort you spend on an application shows the employer
how much time and effort you will invest in their company
 An employer could be reviewing hundreds of job applications.
Be sure to ask yourself “What makes mine stand out above the rest?”

101. The Squeaky Wheel Gets the Grease
 Be sure to follow up on each job you applied
 Give a few days for the employer to review your application and
then call or visit just to check in
 This could be done by a phone call or personal visit to the company
 “Hi my name is Mike. I applied to your organization a few days ago,
and I just wanted to let you know I am very interested in this
position and I would be more than happy to arrange a time to meet
with you in person at a time that’s convenient for you.”
 If your application is still pending, call back every week or two
 Be sure to keep track of the jobs applied to, and the responses
given from the employers after follow up.

102. The Introduction
 Whenever possible…
 BE SURE TO INTRODUCE YOURSELF TO THE POTENTIAL EMPLOYER!
 BE SURE TO LOOK YOUR VERY BEST!
 Even if the employer is not their when you pick up the application, you
should always dress as if this were your interview… people talk
 Don’t waste your time spending hours on a job application only to drop
it off without meeting the person in charge.
 This is your opportunity to stand out above the rest and
“sneak” a brief informal interview
 Before dropping off your completed application, call the company and
ask if you could schedule a time to personally hand deliver your
application to the employer “just to introduce yourself”
 If the employer is unavailable, then ask when you can come back
 If the application asks about your criminal record, this is your chance to
explain your story in person

103. When Speaking to the Employer
 Be sure to shake the employers hand and look them directly in the eye
Hi my name is Mike and I just wanted to introduce myself before handing in this
application.
I am very interested in this position and I think I would be good because
________.
(IF THE APPLICATION ASKED ABOUT YOUR CONVITIONS THEN SAY)…
I also see that your application asks if I’ve ever been convicted of a crime so I
just wanted to be honest with you and let you know that I do have a history;
however I want to be sure you know that my past is not a reflection of who I am
today.
Just to prove that to you, I have attached a letter explaining my situation and
all I have done to better myself. I have also attached letters of
recommendation, and my Certificate of Relief from Disabilities just to assure you
I am someone you can count on.”
 NEVER DISCLOSE INFORATION ABOUT YOUR CONVICTION UNLESS ASKED
DIRECTLY ON AN APPLICATION, OR DIRECTLY FROM AN EMPLOYER

104. When to Disclose
 According to Human Rights Law, it is illegal for an employer to ask
about non conviction related arrests or charges. However, it does not
specify whether or not you are allowed to lie about an arrest
 Generally speaking, it is never a good idea to lie because that gives an
employer a legal reason to deny you employment
 If you lie about a prior conviction, an employer can legally revoke your
employment at any time throughout your time with their company
 If you tell the truth about your prior convictions, then they are legally
bound to make their hiring decision in accordance with Article 23-A…
which works in your favor!
 Remember to always emphasize your rehabilitation when discussing
your criminal history.

105. When NOT to Disclose
 NEVER DISCLOSE INFORMATION THAT IS NOT SPECIFICALLY REQUESTED
 While Article 23-A makes it illegal to deny you employment solely based upon
your criminal record, employers could use a loop hole to break the law
 If an employer reviews your application and decides to discriminate against you
because of your criminal record, they might not even call you in for an interview and
claim that they found another applicant who was better qualified for the position
 It would then be difficult to prove that you were discriminated against
 Unfortunately, until all of New York State “Bans the Box”, some unethical employers
will continue to use this loophole to avoid legal prosecution and civil law suits
 This is why it is crucial to keep your criminal convictions to yourself unless you
are directly asked to disclose that information
 The goal is to move as far along into the hiring process as possible without
having to disclose your record… unless of course you are asked
 This makes it much more difficult for an employer to break the law
 Remember: Lying about a conviction voids your protections from discrimination

106. How to Disclose
 Never give away too much information.
 An employer should only know the relevant details surrounding your
convictions, and any other details that could work in your favor
 Be sure to let the employer know dates of conviction, sentencing
disposition, and specific charges for which you were convicted
 They do not need to know about crimes that you were not convicted
of or criminal lifestyles leading up to the conviction
 Give them enough information so that they feel comfortable trusting
you, without making them scared to hire you
 Whenever you talk about your past mistakes, be sure to emphasize
what you learned from them, and what you did with your life to
prevent them from happening again
 ALWAYS EMPHASIZE YOUR REHABILITATION!

107. LET’S PRACTICE

108. Follow up on Certificate
Applications and Letters…
How are we doing?

109. QUESTIONS?