Pamela Devata Quoted in CQ Researcher
"Criminal Records and Employment"

Seyfarth Shaw Labor & Employment partner Pamela Devata was quoted in the April 20 edition of CQ Researcher. The article discussed whether barriers should be eased for ex-prisoners when making employment decisions.

"Across the board, generally speaking, employers don't want to  hire someone who is a threat to their business or to their customers or other employees," Pam said. "But they don't necessarily care that someone had a drug-possession conviction seven years ago as long as someone is not intoxicated on the job." However, "If someone has engaged in rape or violence or drug manufacturing, most employers would be concerned."

"The question is not whether or not a person is more likely to engage in a certain activity after a certain time," Pam noted, stating that an employer's concern generally stems from direct experience. "After a certain amount of time, it becomes irrelevant. It's insane that we think it's OK for peoples' records of stuff they did long ago to be left open, and not recognize that people change, grow, mature."

Concerning expunged criminal records, Pam said, "If a record is expunged, employers don't want to know about it." She commented, "I've never had an employer say they want to take action based on an expunged record."

The article also delved into background checking industry. "In my experience and my practice, more often than not background screening companies take painstaking procedures to follow the law," said Pam.

The article concludes by stating that looking forward, employers can expect there to be more regulations that create less barriers for the formerly incarcerated.