ABC-7 Special Report: Lingering consequences of criminal history
Finding out about your neighbor or coworker’s encounters with the law is easier than ever. The internet puts arrest records and mugshots at a searcher’s fingertips.
It’s a blessing for some, but it’s a curse for those trying to keep their history in the past. One of those people is Mario Morones, a lay assistant pastor who met with ABC-7 as he prepared a sermon he’s delivering in Big Spring, TX.
“I’m calling it ‘God’s Deliverance,'” said Mario, as he scanned a passage from his Bible. “I’m going to give them an example of King David: How God delivered him from all the battles he faced and how God delivered me from all the battles I faced.”
Mario’s battles are against drugs and alcohol. His addictions lead him down a rough road.
“I have two felony convictions: one for possession of cocaine and the second one for theft,” said Mario, adding that he has been sober for 19 years.
Mario may be back on track, but his new struggle is to find steady employment. At the time when he spoke to ABC-7, his former employer had shut down days before.
“So, I’m back getting my resume ready and there’s a company interested in me, but the application asks if i’ve committed a crime,” Mario said. “I’m not a proud person; I’ll start from the bottom up.”
It isn’t just criminal convictions posing a hurdle. The Wall Street Journal recently found arrests that don’t lead to a conviction are also affecting people. One in three American adults has an arrest on file with the FBI — and those records are available to anyone doing a search on the Internet. What isn’t available is the outcome of the arrest, and whether they lead to charges or convictions.
“I think nationally and in general it is an impediment and a problem,” said Joyce Wilson, the former El Paso city manager and current CEO of Workforce Solutions Borderplex. The government agency helps with job placement and training.
Wilson believes the changing nature of criminal offenses is affecting more people than ever.
“States enact harsh penalties for all sorts of crimes that are what you call youth crimes, (such as) minor drug offenses; DWI is much harsher,” Wilson said.
In Texas, you can expunge, or erase, records related to the arrest if you’ve been found not guilty, were convicted and pardoned, or the charges were dismissed.
Those tried, convicted or simply arrested in New Mexico don’t have that option.
New Mexico Governor Susana Martinez twice rejected expungement bills in 2012 and 2013.
“I believe strongly that a criminal record — in particular, the ones that have been proposed in legislation to me — should remain on your record permanently,” she said.
The former Doa Ana County district attorney explained to ABC-7 her reasoning during a recent stop in Las Cruces.
“I believe it should be available to the public so they know who they’re living next door to, (and if) they have a criminal record they know how to protect their families.”
In El Paso — Wilson said her agency helped more than 400 El Pasoans find work last year alone.
“Our agency is very engaged working with individuals who have what we call barriers to access to employment,” she said, adding, “It is an issue, but it is not an obstacle that cannot be overcome.”
Getting people of all backgrounds into the workplace is one of its missions — even working with the potential employer to pay the ex-offender’s salaries for a certain amount of time as part of a bonding service.
Fidelity bonding provides insurance for the employer against “acts of dishonesty.”
The coverage is free for the employer for six months.
“If you want people to be productive members of society and be part of the community, you need to open your doors and give them a chance,” said Wilson.
Forgiveness is something Mario hopes he finds during his job search.
“People may forgive you, but the business world doesn’t,” Mario said. “We’re still in our own little prison in this world.”
Email Stephanie Valle at stephaniev@kvia.com if an arrest that may or may not have led to a conviction is plaguing your job search.
You can also find her at facebook.com/StephanieValleNEWS.