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Working around the Law: Navigating Legal Barriers to Employment during Reentry

Published online by Cambridge University Press:  14 March 2019

Dallas Augustine
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Abstract

Employment has been cited as one of the most effective protections against recidivism for formerly incarcerated people; however, job seekers with criminal records face barriers to employment after prison. They find themselves in a legal double bind where they are simultaneously compelled to obey the law (by finding “legit” work) but also legally barred from doing so. To navigate this conflictual legal positioning, job seekers with felony records develop strategies of working around the law to find employment. Through thirty qualitative interviews with people with felony records, I examine this alternative form of legal consciousness and detail the ways in which individuals navigate the legal barriers to acquiring “good” work. Ultimately, job seekers’ often extralegal strategies of law abidance blur the line between compliance with and defiance of the law.

Type
Articles
Information
Law & Social Inquiry , Volume 44 , Issue 3 , August 2019 , pp. 726 - 751
Copyright
© 2019 American Bar Foundation 

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Footnotes

Her work, which has been supported by the National Science Foundation, examines the intersection of punishment and the labor market, with particular attention paid to employment at reentry. She is a fellow of the Economic Self-Sufficiency Policy Research Institute and was recognized as the 2018 Emerging Scholar for the University of California Center at Sacramento. The author is grateful to Keramet Reiter and Naomi Sugie for their invaluable guidance throughout this project. Additional thanks to Noah Zatz, Alani Foxall, and Jasmine Montgomery for their helpful feedback on earlier versions of this article. The research project that led to this article was approved by the University of California, Irvine Institutional Review Board and was supported by the Department of Criminology, Law, and Society.

References

REFERENCES

Abrego, Leisy J. “Legal Consciousness of Undocumented Latinos: Fear and Stigma as Barriers to Claims-Making for First- and 1.5-Generation Immigrants.” Law and Society Review 45, no. 2 (2011): 337–70.CrossRefGoogle Scholar
Anderson, Elijah. Streetwise: Race, Class, and Change in an Urban Community. Chicago, IL: University of Chicago Press, 1990.CrossRefGoogle Scholar
Brewster, Larry. “The Impact of Prison Arts Programs on Inmate Attitudes and Behavior: A Quantitative Evaluation.” Justice Policy Journal 11, no. 2 (2014): 1–28.Google Scholar
Bumiller, Kristin. “Incarceration, Welfare State and Labour Market Nexus: The Increasing Significance of Gender in the Prison System.” In Women Exiting Prison, edited by Carlton, Bree and Segrave, Marie, 31–51. London, UK: Routledge, 2013.Google Scholar
Burkhardt, Brett C. “Criminal Punishment, Labor Market Outcomes, and Economic Inequality: Devah Pager’s Marked: Race, Crime, and Finding Work in an Era of Mass Incarceration.” Law and Social Inquiry 34, no. 4 (2009): 1039–60.CrossRefGoogle Scholar
Cammett, Ann. “Expanding Collateral Sanctions: The Hidden Costs of Aggressive Child Support Enforcement against Incarcerated Parents.” Georgetown Journal on Poverty, Law and Policy 13, no. 2 (2006): 313–39.Google Scholar
Cancian, Maria, Meyer, Daniel R., and Han, Eunhee. “Child Support: Responsible Fatherhood and the Quid Pro Quo.” The Annals of the American Academy of Political and Social Science 635, no. 1 (2011): 140–62.CrossRefGoogle Scholar
Dodge, Mary, and Pogrebin, Mark R.. “Collateral Costs of Imprisonment for Women: Complications of Reintegration.” The Prison Journal 81, no. 1 (2001): 42–54.CrossRefGoogle Scholar
Edin, Kathryn J., and Shaefer, H. Luke. $2.00 A Day: Living on Almost Nothing in America. Boston, MA: Hougton Milfflin, 2015.Google Scholar
Ewick, Patricia, and Silbey, Susan S.. The Common Place of Law: Stories from Everyday Life. Chicago, IL: University of Chicago Press, 1998.CrossRefGoogle Scholar
Fritsvold, Erik D. “Under the Law: Legal Consciousness and Radical Environmental Activism.” Law and Social Inquiry 34, no. 4 (2009): 799–824.CrossRefGoogle Scholar
Geller, Amanda, Garfinkel, Irwin, and Western, Bruce. “Paternal Incarceration and Support for Children in Fragile Families.” Demography 48, no. 1 (2011): 25–47.CrossRefGoogle ScholarPubMed
Glaser, Barney, and Strauss, Anselm. The Discovery of Grounded Theory. London, UK: Weidenfield & Nicolson, 1967.Google Scholar
Gustafson, Kaaryn. “The Criminalization of Poverty.” The Journal of Criminal Law and Criminology 99, no. 3 (2009): 643–716.Google Scholar
Gustafson, Kaaryn S. Cheating Welfare: Public Assistance and the Criminalization of Poverty. New York, NY: NYU Press, 2011.CrossRefGoogle Scholar
Hagan, John. “The Social Embeddedness of Crime and Unemployment.” Criminology 31, no. 4 (1993): 465–91.CrossRefGoogle Scholar
Halushka, John. “Work Wisdom: Teaching Former Prisoners How to Negotiate Workplace Interactions and Perform a Rehabilitated Self.” Ethnography 17, no. 1 (2016): 72–91.CrossRefGoogle Scholar
Hamersma, Sarah, and Heinrich, Carolyn. “Temporary Help Service Firms’ Use of Employer Tax Credits: Implications for Disadvantaged Workers’ Labor Market Outcomes.” Southern Economic Journal 74, no. 4 (2008): 1123–48.Google Scholar
Harding, David J. “Jean Valjean’s Dilemma: The Management of Ex-Convict Identity in the Search for Employment.” Deviant Behavior 24, no. 6 (2003): 571–95.CrossRefGoogle Scholar
Harding, David J., Wyse, Jessica J. B., Dobson, Cheyney, and Morenoff, Jeffrey D.. “Making Ends Meet after Prison.” Journal of Policy Analysis and Management 33, no. 2 (2014): 440–70.CrossRefGoogle ScholarPubMed
Harding, Rosie. “‘Dogs Are “Registered”, People Shouldn’t Be’: Legal Consciousness and Lesbian and Gay Rights.” Social and Legal Studies 15, no. 4 (2006): 511–33.CrossRefGoogle Scholar
Harding, Rosie. Regulating Sexuality: Legal Consciousness in Lesbian and Gay Lives. London, UK: Routledge, 2010.CrossRefGoogle Scholar
Harris, Alexes, Evans, Heather, and Beckett, Katherine. “Drawing Blood from Stones: Legal Debt and Social Inequality in the Contemporary United States.” American Journal of Sociology 115, no. 6 (2010): 1753–99.CrossRefGoogle Scholar
Harris, Patricia M., and Keller, Kimberly S.. “Ex-Offenders Need Not Apply: The Criminal Background Check in Hiring Decisions.” Journal of Contemporary Criminal Justice 21, no. 1 (2005): 6–30.CrossRefGoogle Scholar
Hatton, Erin. “Temporary Weapons: Employers’ Use of Temps against Organized Labor.” ILR Review 67, no. 1 (2014): 86–110.CrossRefGoogle Scholar
Henry, Jessica S., and Jacobs, James B.. “Ban the Box to Promote Ex-Offender Employment.” Criminology and Public Policy 6, no. 4 (2007): 755–61.CrossRefGoogle Scholar
Hillyer, Heidi A. “Reducing the Rate of Prison Recidivism in Florida by Providing State Corporate Income Tax Credits to Business as an Incentive for Employment of Ex-Felons.” Barry Law Review 21, no. 1 (2015): 105–22.Google Scholar
Hlavka, Heather R., Wheelock, Darren, and Cossyleon, Jennifer E.. “Narratives of Commitment: Looking for Work with a Criminal Record.” The Sociological Quarterly 56, no. 2 (2015): 213–36.CrossRefGoogle Scholar
Holzer, Harry J., Offner, Paul, and Sorensen, Elaine. “Declining Employment among Young Black Less-Educated Men: The Role of Incarceration and Child Support.” Journal of Policy Analysis and Management 24, no. 2 (2005): 329–50.CrossRefGoogle Scholar
Holzer, Harry J., Raphael, Steven, and Stoll, Michael A.. Will Employers Hire Ex-Offenders?: Employer Preferences, Background Checks, and Their Determinants. Madison, WI: Institute for Research on Poverty, University of Wisconsin-Madison, 2002.Google Scholar
Holzer, Harry J., Raphael, Steven, and Stoll, Michael A.. “How Willing Are Employers to Hire Ex-Offenders?” Focus 23, no. 2 (2004): 40–43.Google Scholar
Holzer, Harry J., Raphael, Steven, and Stoll, Michael A.. “The Effect of an Applicant’s Criminal History on Employer Hiring Decisions and Screening Practices: Evidence from Los Angeles.” Barriers to Reentry 4, no. 15 (2007): 117–50.Google Scholar
Irwin, John, and Cressey, Donald R.. “Thieves, Convicts and the Inmate Culture.” Social Problems 10, no. 2 (1962): 142–55.CrossRefGoogle Scholar
Jones, Richard S., Piccard, Bertrand, and Jones, Gary. Doing Time: Prison Experience and Identity among First-Time Inmates. Stamford, CT: Emerald Group Publishing Limited, 2000.Google Scholar
La Vigne, Nancy G., Shollenberger, Tracey L., and Debus, Sara A.. One Year Out: Tracking the Experiences of Male Prisoners Returning to Houston, Texas. Washington, DC: Urban Institute, 2009.Google Scholar
Laub, John H., and Sampson, Robert J.. “Turning Points in the Life Course: Why Change Matters to the Study of Crime.” Criminology 31, no. 3 (1993): 301–25.CrossRefGoogle Scholar
Leverentz, Andrea M. The Ex-Prisoner’s Dilemma: How Women Negotiate Competing Narratives of Reentry and Desistance. New Brunswick, NJ: Rutgers University Press, 2014.Google Scholar
Levine, Kay, and Mellema, Virginia. “Strategizing the Street: How Law Matters in the Lives of Women in the Street-Level Drug Economy.” Law and Social Inquiry 26, no. 1 (2001): 169–207.CrossRefGoogle Scholar
Levingston, Kirsten D., and Turetsky, Vicki. “Debtors’ Prison-Prisoners’ Accumulation of Debt as a Barrier to Reentry.” Clearinghouse Review 41, no. 1 (2007): 187–97.Google Scholar
Martin, Lori L. “Debt to Society: Asset Poverty and Prisoner Reentry.” The Review of Black Political Economy 38, no. 2 (2011): 131–43.CrossRefGoogle Scholar
Maruna, Shadd. Making Good: How Ex-Convicts Reform and Rebuild Their Lives. Washington, DC: American Psychological Association, 2001.CrossRefGoogle Scholar
Massoglia, Michael. “Incarceration as Exposure: The Prison, Infectious Disease, and Other Stress-Related Illnesses.” Journal of Health and Social Behavior 49, no. 1 (2008): 56–71.CrossRefGoogle ScholarPubMed
Mauer, Marc. “Introduction: The Collaeral Consequences of Imprisonment.” Fordham Urban Law Journal 30, no. 1 (2002): 1491–99.Google Scholar
May, Bruce E. “The Character Component of Occupational Licensing Laws: A Continuing Barrier to the Ex-Felon’s Employment Opportunities.” North Dakota Law Review 71, no. 1 (1995): 187–210.Google Scholar
Merry, Sally E. Getting Justice and Getting Even: Legal Consciousness among Working-Class Americans. Chicago, IL: University of Chicago Press, 1990.Google Scholar
Mukamal, Debbie A., and Samuels, Paul N.. “Statutory Limitations on Civil Rights of People with Criminal Records.” Fordham Urban Law Journal 30, no. 1 (2002): 1501–18.Google Scholar
Muller, Christopher, and Wildeman, Christopher. “Geographic Variation in the Cumulative Risk of Imprisonment and Parental Imprisonment in the United States.” Demography 53, no. 5 (2016): 1499–509.CrossRefGoogle ScholarPubMed
Nagin, Daniel, and Waldfogel, Joel. “The Effect of Conviction on Income through the Life Cycle.” International Review of Law and Economics 18, no. 1 (1998): 25–40.CrossRefGoogle Scholar
O’Brien, Patricia. Making It in the Free World: Women in Transition from Prison. Albany, NY: SUNY Press, 2001.Google Scholar
Pager, Devah. “The Mark of a Criminal Record.” American Journal of Sociology 108, no. 5 (2003): 937–75.CrossRefGoogle Scholar
Pager, Devah, Bonikowski, Bart, and Western, Bruce. “Discrimination in a Low-Wage Labor Market: A Field Experiment.” American Sociological Review 74, no. 5 (2009): 777–99.CrossRefGoogle Scholar
Pager, Devah, Western, Bruce, and Sugie, Naomi. “Sequencing Disadvantage: Barriers to Employment Facing Young Black and White Men with Criminal Records.” The Annals of the American Academy of Political and Social Science 623, no. 1 (2009): 195–213.CrossRefGoogle ScholarPubMed
Patton, Michael Q. Qualitative Evaluation and Research Methods. Los Angeles, CA: Sage Publications, 1990.Google Scholar
Peck, Jamie, and Theodore, Nik. “Contingent Chicago: Restructuring the Spaces of Temporary Labor.” International Journal of Urban and Regional Research 25, no. 3 (2001): 471–96.CrossRefGoogle Scholar
Petersilia, Joan. When Prisoners Come Home: Parole and Prisoner Reentry. Oxford, UK: Oxford University Press, 2003.Google Scholar
Petersilia, Joan. “Community Corrections: Probation, Parole, and Prisoner Reentry.” In Crime and Public Policy, edited by Wilson, James Q. and Petersilia, Joan, 499–531. Oxford, UK: Oxford University Press, 2011.Google Scholar
Purser, Gretchen. “The Labour of Liminality.” Labour, Capital and Society/Travail, capital et société 45, no. 1 (2012a): 10–35.Google Scholar
Purser, Gretchen. “‘Still Doin’ Time:’ Clamoring for Work in the Day Labor Industry.” Working USA 15, no. 3 (2012b): 397–415.CrossRefGoogle Scholar
Sabol, William J. “Local Labor-Market Conditions and Post-Prison Employment Experiences of Offenders Released from Ohio State Prisons.” In Barriers to Reentry, edited by Bushway, Shawn, Stoll, Michael A., and Weiman, David F., 257–303. New York, NY: Russell Sage Foundation, 2007.Google Scholar
Salinas, Cristobal Jr., and Lozano, Adele. “Mapping and Recontextualizing the Evolution of the Term Latinx: An Environmental Scanning in Higher Education.” Journal of Latinos and Education (2017): 1–14. doi: 10.1080/15348431.2017.1390464CrossRefGoogle Scholar
Sarat, Austin. “The Law Is All Over: Power, Resistance and the Legal Consciousness of the Welfare Poor.” Yale Journal of Law and the Humanities 2, no. 2 (1990): 343–79.Google Scholar
Stuart, Forrest. Down, Out, and under Arrest: Policing and Everyday Life in Skid Row. Chicago, IL: University of Chicago Press, 2016.CrossRefGoogle Scholar
Stoll, Michael A., and Bushway, Shawn D.. “The Effect of Criminal Background Checks on Hiring Ex-Offenders.” Criminology and Public Policy 7, no. 3 (2008): 371–404.CrossRefGoogle Scholar
Tanner, Julian, Davies, Scott, and O’Grady, Bill. “Whatever Happened to Yesterday’s Rebels? Longitudinal Effects of Youth Delinquency on Education and Employment.” Social Problems 46, no. 2 (1999): 250–74.CrossRefGoogle Scholar
Travis, Jeremy. But They All Come Back: Facing the Challenges of Prisoner Reentry. Washington, DC: Urban Institute, 2005.Google Scholar
Turetsky, Vicki. Staying in Jobs and Out of the Underground: Child Support Policies that Encourage Legitimate Work. Washington, DC: Center for Law and Social Policy, 2007.Google Scholar
Uggen, Christopher. “Work as a Turning Point in the Life Course of Criminals: A Duration Model of Age, Employment, and Recidivism.” American Sociological Review 65, no. 4 (2000): 529–46.CrossRefGoogle Scholar
United States Census Bureau. “Quickfacts: United States Dataset.” Last modified September 9, 2016a. https://www.census.gov/quickfacts/table/PST045215/00.Google Scholar
United States Census Bureau. “Quickfacts: Orange County, California Dataset.” Last modified September 9, 2016b. http://www.census.gov/quickfacts/table/LFE305214/06059.Google Scholar
Verma, Anjuli. “A Turning Point in Mass Incarceration? Local Imprisonment Trajectories and Decarceration under California’s Realignment.” The Annals of the American Academy of Political and Social Science 664, no. 1 (2016): 108–35.CrossRefGoogle Scholar
Visher, Christy A., and Travis, Jeremy. “Transitions from Prison to Community: Understanding Individual Pathways.” Annual Review of Sociology 29 (2003): 89–113.CrossRefGoogle Scholar
Wakefield, Sara, and Uggen, Christopher. “Incarceration and Stratification.” Annual Review of Sociology 36 (2010): 387–406.CrossRefGoogle Scholar
Werth, Robert. “I Do What I’m Told, Sort Of: Reformed Subjects, Unruly Citizens, and Parole.” Theoretical Criminology 16, no. 3 (2012): 329–46.CrossRefGoogle Scholar
Western, Bruce. “The Impact of Incarceration on Wage Mobility and Inequality.” American Sociological Review 67, no. 4 (2002): 526–46.CrossRefGoogle Scholar
White, Lucie E. “Subordination, Rhetorical Survival Skills, and Sunday Shoes: Notes on the Hearing of Mrs. G.” Buffalo Law Review 38, no. 1 (1990): 38–58.Google Scholar
Winnick, Terri A., and Bodkin, Mark. “Anticipated Stigma and Stigma Management among Those to Be Labeled ‘Ex-Con’.” Deviant Behavior 29, no. 4 (2008): 295–333.CrossRefGoogle Scholar
Zatz, Noah, Koonse, Tia, Zhen, Theresa, Herrera, Lucero, Lu, Han, Shafer, Steven, and Valenta, Blake. Get to Work or Go to Jail: Workplace Rights under Threat. Los Angeles, CA: UCLA Institute for Research on Labor and Employment, 2016.Google Scholar

STATUTE CITED

Title VII of the Civil Rights Act of 1964, 42 U.S.C.A. §§ 2000e et seq. (Pub. L. 88–352) (Title VII), as amended.Google Scholar