Women’s Council

How to Discourage People with Criminal Histories
from Becoming Social Workers

By Marilyn Montenegro

According to the National Employment Law Project there are eight million Californians with a criminal history. One in four adult Californians has a criminal history.[1] Significant barriers exist for people with felony and/or misdemeanor convictions even after they have “paid their debt to society” by complying with the sentence of the court. Those with a conviction history encounter obstacles in many areas including employment, housing and licensing.

Erin’s Story
Convicted of Drug Possession

In 2006 when Erin was 21, she was arrested and convicted of drug possession. It was charged as a misdemeanor and Erin was sentenced to pay a fine and complete community service. In addition she was required to pay court fees and “restitution.” Erin was humiliated and vowed to never use recreational drugs again. She had planned to become a social worker and feared that her conviction might prevent her from doing.

Conviction “Expunged” by Court
When she learned that there was process by which her conviction might be “expunged”,[2] she saved her money and in 2010 hired an attorney, filed for an order of dismissal and it was granted.

Accepted Graduate School of Social Work
Secure in the knowledge that her conviction had been expunged, Erin applied to graduate school and was accepted at one of the California State Universities in 2012. Her first year placement was to be at a community care agency, where she was interviewed and accepted pending a live scan and a TB test. Less than a week before she was scheduled to begin her fieldwork she received a letter from the Department of Social Services indicating that she could not be placed at the agency unless the department issued an “exemption.”[3]

Barriers to Field Work
According to the letter Erin had 45 days to submit court documents, verification of rehabilitation, three character references, a copy of the police report and a written narrative of the events surrounding the conviction. Once submitted the Department would have 75 days to respond. Erin called the school, she said that there must have been a mistake, her record was expunged. That is when she learned that the CA Department of Social Services did not accept the Court-ordered dismissal and still considered the convictions as active.[4]

Erin did not have time to obtain an exemption before the semester began. Unless she could locate a field placement in an agency that did not bar students with criminal convictions, she could not proceed with her education. Luckily the fieldwork staff was able to locate an acceptable first year placement. With sufficient lead-time it was easier to find a placement for Erin’s second year.

Barriers to ASW Registration
After graduation she relaxed. By now her conviction was more than eight years past and she was anxious to begin accumulating hours toward her clinical social work license. But once again the conviction posed a barrier. Once again Erin was asked to provide legal documentation and an explanation of the events surrounding the conviction as well as proof of rehabilitation. Additionally she was asked to obtain letters of recommendation from employers and/or instructors. This posed another problem because she had shared her conviction history only when necessary. Most of her instructors did not know and she was not anxious to explain the embarrassing event, which she hoped to leave behind.

She did not know what to do. Would drug related convictions cause immediate denial? Was there a timeline, should she wait to apply until 2016 when the conviction would be 10 years old?

She checked the Business and Professions Code and learned that the board had the authority to deny registration if a person had been convicted of a crime even if the conviction had been expunged.[5]

Still Waiting
Erin graduated in June, when she submitted her “packet” she was told to expect a four to six month wait for a response, She is still waiting.

The Implication for the Profession
As a profession we articulate a belief in rehabilitation, the ability of individual change and growth and providing equal opportunity. Similarly we view drug addiction as a public health issue and deplore the disproportionate implementation of questionable drug laws.

When the governmental agencies, which represent the social work profession, fail to provide the public with clear and transparent explanations of qualifying standards, it is impossible to determine whether or not their actions are consistent with professional values.

The Women’s Council discusses a variety of ethical, practice and advocacy issues and the professional obligation to act, at its bi-monthly meetings held in the greater LA area. For additional information contact womenscouncil@sbcglobal.net or mujerista@All2Easy.net.

 FOOTNOTES

1 Neighly, Madeline, Emsellem, Maurice, and Christman, Anastasia “A Healthy Balance: Expanding Health Care Job Opportunities for Californians with a Criminal Record While Ensuring Patient Safety and Security, May 2014.

2 California Penal Code Sections 1203.4 and 1203.4a.

3 The California Community Care Facilities Act requires that individuals “whose contact with community care clients may pose a risk…obtain either a criminal record clearance or a criminal record exemption” (Health and Safety Code Division 2 Chapter 3 Article 2 1522)

“If the person has been convicted of a crime “the application shall be denied unless the director grants an exemption…” (Health and Safety Code, Division 2, Chapter 3, Article 2, 1522 (a)(4)(A)).

4 “… not withstanding a subsequent order pursuant to sections 1203.4 and 1203.4a…setting aside the verdict of guilty.” (Health and Safety Code Division 2 Chapter 3 Article 2 1522 (f)(1))

5 “A board may deny a license regulated by this code on the grounds that the applicant has one of the following:

(1) Been convicted of a crime. A conviction within the meaning of this section means a plea or verdict of guilty or a conviction following a plea of nolo contendere. Any action that a board is permitted to take following the establishment of a conviction may be taken when the time for appeal has elapsed, or the judgment of conviction has been affirmed on appeal, or when an order granting probation is made suspending the imposition of sentence, irrespective of a subsequent order under the provisions of Section 1203.4 of the Penal Code. Business and Professions Code Division 1.5 Chapter 2 480 (a).