RICHMOND, Va. -- On Good Friday, Gov. Terry McAuliffe signed an executive order immediately “banning the box” on state employment applications about criminal history. Virginia became the 15th state to do so, he said during a public signing and event at Goodwill Industries in Richmond.
The holiday “is all about forgiveness and giving people second chances,” he said. The governor said he wants to make it clear that an applicant’s criminal history will not be a determining factor in employment decisions unless a job seeker’s past is related to the potential job.
“In a new Virginia economy, people who make mistakes and pay the price should be welcomed back into society and given the opportunity to succeed,” McAuliffe said. “I want them working. I want economic activity. I want them paying taxes.”
You may recall this proposed change was a bill that passed the state Senate but got shot down in the House this past session.
It’s understandable if you’re going, huh? We’re going to let child molesters work at state schools and hospitals? Identity thieves at DMV? Carjackers holding traffic signs for VDOT?
It’s not like that. All this measure does is not immediately eliminate every felon from the state job pool.
It puts them on equal footing with other applicants, at least for a while. You get through the first cut or two and become a serious candidate for the job, that’s when you’re going to go through the usual background checks. They’ll likely find your previous convictions then, but if your conviction isn’t in conflict with the job you want – unlike the examples above – then you may get the job.
The executive order comes after years of state legislators pushing for a change so people who committed felonies in their youth weren’t punished for them for the rest of their lives. As McAuliffe said during the signing event, many private firms have already banned the box, “Wal-Mart, Target, Home Depot . . .”
McAuliffe campaigned on restoring the rights of those convicted of crimes once they paid their debt to society. So this doesn’t come as a surprise.
But from where I sit, there seems to be a little inconsistency here. Those applying for state fire, rescue and law enforcement jobs apparently will still have check the criminal background box. If it’s good for all the other state agencies, why not public safety? As they say, it takes a thief to catch one. And plenty of courageous folks were a little impetuous in their youth.
From a news release from the Office of Governor:
Virginia takes great pride in having a diverse and thriving business environment. Every year many new businesses choose to relocate or open in the Commonwealth because of its welcoming business environment and quality workforce. Unfortunately, many people with criminal histories find it difficult to gain employment in Virginia. The National Employment Law Project estimates 70 million American adults have arrests or convictions in their past that can make it difficult for them to obtain employment.
It is vitally important to Virginia’s new economy that every Virginian has a meaningful opportunity to compete for jobs in the Commonwealth. Expanding employment opportunities not only improves the Commonwealth’s fiscal health, but also enhances the quality of life for all of her citizens by providing improved access to better housing, education, and other societal benefits.
Accordingly, by virtue of the authority vested in me as Governor under Article V of the Constitution of Virginia and under the laws of the Commonwealth, I hereby issue this Executive Order (Order) directing the Department of Human Resource Management (DHRM) to amend the state employment application and to provide guidance to all agencies, boards and commissions within the executive branch of government consistent with this Order on the appropriate use of criminal background checks.
