Labeled Criminal: The Limits of Integration for Ex-offenders

Photo Credit: Oak View Law Group

As an intern at a neighborhood based employment center I have the opportunity to engage with a range of residents and hear about their experiences in the city.  I recently assisted a woman who was completing a job application which asked anyone who indicated they had a criminal background to state the charges and conviction. The woman was at a loss for what to include, because nothing within the limited space seemed sufficient. She was adamant about explaining the circumstances that surrounded her arrest, and earnest in believing that the one transgression should not be the defining characteristic of her ability to successfully fulfill the duties of the job.  But she had been struggling to find a job for a year, and while the current economic times have made finding employment a difficult task for many Americans, the ex-offender population is acutely aware of the tallies they have against them.

The ability for ex-offenders to enter communities and become successful, contributing members is hampered by the weight of their criminal label.  Struggles are not limited to just finding jobs, but are also experienced in the ability to secure housing, the development and re-engagement of relationships, and the stabilization of a personal identity.  The experiences of these men and women not only influence them personally, but have an impact on the vitality of communities.  A 2011 study conducted by the Pew Center found that 43 percent of those released from prison in 2004 were returned by 2007.  That is hundreds of thousands of people who are serving prison terms instead of contributing to society, and hundreds of millions of dollars spent on prison costs (the Pew Center Study found that 10 states could save $470 million dollars in one year if they could reduce their recidivism rates by 10 percent). There has been extensive debate around the cause of these outcomes, with some attributing recidivism to the offenders themselves and others suggesting the statistics reflect the structure and failings of a criminal justice system that is focused on retribution rather than rehabilitation.  However, while so much debate exists around why ex-offenders are returning to prison, I find a compelling discussion actually lies in what these men and women are experiencing when trying to gain entrance into communities. 

Those with a criminal background provide an interesting lens through which we can examine the limits of integration within our communities.  While the fact they have been released from prison indicates they have served their time, the label of offender remains…even if they get to stick an “ex” in front of it.  This means a past transgression remains attached to them—an  identifying marker of their character, which influences how they are perceived and the menu of options they are afforded.  Stigmatization that brands them as strangers in their communities.

Photo Credit: Lane DeGregory

The limits of integration for ex-offenders were exemplified in Florida, where many city regulations pertaining to sex-offenders stipulated that they could not live within 2,500 feet of any establishment where children assemble.  This posed a significant dilemma in Miami where the statute resulted in a tent city developing under the Julia Tuttle Causeway; the only location that met the terms of the law.  As such, sex-offenders were corralled into depleted living conditions surround by 60-200 other persons with convictions.  Similar issues arose around Ft. Lauderdale, where once one neighborhood was identified as fitting the parameters of the law, the number of registered sex-offenders living in it to rose from 4 in 2007, to 106 in 2009.  Such experience shows the extent to which ex-offenders can be ostracized from communities, literally  forced outside the boundaries.  

However, many would argue that sex-offenders are a particular subset of criminal and the weight of those crimes carry heavier than others.  Furthermore, sexual offenses can be categorized as results of disease/illness which cannot be cured, so such offenders should been restricted in their interactions for the safety of others.  Considering that true, there still exists a general perspective that gives meaning to the label of “ex-offender” without concern for the circumstances of the label, or the other attributes of the person.  In one research study conducted by Christopher Uggen, Jeff Manza and Angela Behrens, interviews were conducted with 33 convicted felons in Minnesota, and their experiences depict the range of implications of a criminal label. Returning to the issues faced by many ex-offenders in seeking employment, one woman told the researchers:

What is it, the fourth question of every job interview? ‘Have you ever been convicted of a crime?’ They ask you that before they ask you for your prior work history or your education. All that’s on the second page, so they read ‘felon’ before they ever read that side.

The researchers went on to gather other stories which painted a picture in which ex-offenders are not able to separate their criminal label from their identities.  One inmate explained “there’s too many sanctions against me for me to be an active part of the community.” Such interaction not only influences how these men and women understand the community, but also how they view themselves and their roles in the community, often developing a self-lens that is dominated by the criminal label. 

Together, the experiences of offenders show how the stigma associated with a criminal record limits social participation and integration. This ostracization hinders the ability for many ex-offenders to successfully engage in their environment as community members. This gap in integration has implications for the community, as the existence of people who are so systematically denoted as “the other” or “strangers” indicates the existence of social strife.  Such people are less apt to provide support in the protection, well-being, or growth of the community because their segregation from the social fabric disengages them from buy-in. 

The all-consuming quality of the criminal label indicates there exists a belief that "once a criminal, always a criminal, and if you're a criminal, that is everything you are." This thinking predicates a deficiencies perspective that John McKnight would term as seeing ex-offenders as "half empty." If, instead, a strengths-based perspective were employed, these men and women could be viewed by the gifts they possess, and potentially their abilities could be utilized for the betterment of themselves and their communities.   

In addition to the resources included within the blog, readers who enjoyed this discussion may be interested in the following:

• Miami sex offenders limited to life under a bridge: Article from the Tampa Bay Times which discusses the life of those living under the Causeway in Miami.  
• Hard Time: Ex-Offenders Returning Home After Prison: This research explores the characteristics of persons released from prison, and examines the situations, needs, and risks they face in returning to communities.
• Bureau of Justice Statics: Within the U.S. Department of Justice, the Bureau of Justice Statics has a range of statistical information around the issue of recidivism, including  how many offenders are returning to prison, and who those offenders are.