An Analysis of Certificates of Rehabilitation in the United States

McCann, Wesley S.; Kowalski, Melissa A.; Hemmens, Craig; Stohr, Mary K.

doi:10.1080/23774657.2018.1559002

Cited by 15 publications

(12 citation statements)

References 42 publications

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“…Recognizing the limitations of the above mechanisms, some jurisdictions have created certificates of relief, which are generally more accessible than other relief mechanisms (see McCann et al, 2018 for a review of certificates in several jurisdictions). Certificates of relief are meant to demonstrate rehabilitation, remove automatic licensing bans, and provide employers with negligent hiring immunity (McCann et al, 2018). Ohio's certificate of relief, the certificate of qualification for employment (CQE), became effective in 2012 (Ohio Rev.…”

Section: E Certificates Of Reliefmentioning

confidence: 99%

Section: Introductionmentioning

confidence: 99%

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The Effectiveness of Certificates of Relief: A Correspondence Audit of Hiring Outcomes

Leasure¹,

Kaminski²

2021

J Empirical Legal Studies

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Although there are several collateral consequence relief mechanisms that could theoretically be used to improve employment outcomes for those with criminal history, many of these mechanisms are available only for first‐time/low‐level individuals or possess other requirements that limit their accessibility. Recognizing these facts, some jurisdictions have created certificates of relief, which are generally more accessible than other relief mechanisms. The goal of the current study was to test whether one state's (Ohio) certificate could improve hiring outcomes for men with criminal histories comprised of felony theft, felony drug possession, and misdemeanor drug paraphernalia convictions. This goal was achieved with the use of two field experiments. Results showed that certificate holders with criminal history received significantly fewer callbacks than those with no criminal record and fared no better than those with an identical criminal record and no certificate. Further, African‐American applicants received significantly fewer callbacks than white applicants in all criminal record categories.

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Section: E Certificates Of Reliefmentioning

confidence: 99%

Section: Introductionmentioning

confidence: 99%

The Effectiveness of Certificates of Relief: A Correspondence Audit of Hiring Outcomes

Leasure¹,

Kaminski²

2021

J Empirical Legal Studies

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“…Consistent with these objectives, a number of states have enacted laws that attempt to remove criminal record barriers while providing some measure of resolution to employers' concerns regarding negligent hiring liability. One common approach involves granting certificates of rehabilitation on a case-by-case basis to record subjects who meet certain criteria (McCann et al 2018). These certificates, which require a lengthy application process, protect their holder from being denied work solely on the basis of their criminal record, while providing their employer with immunity from negligent hiring claims as long as they were aware of the certificate at the time of the alleged negligence.…”

Section: Discussionmentioning

confidence: 99%

The Exception as the Rule: Negligent Hiring Liability, Structured Uncertainty, and the Rise of Criminal Background Checks in the United States

McElhattan¹

2021

Law Soc. Inq.

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The threat of negligent hiring lawsuits is thought to play an important role in the widespread use of criminal background checks among US employers. This article examines the construction of negligent hiring within the trade literature of the human resources (HR) field using a qualitative content analysis. While courts tend to view criminal record checks as unnecessary for occupations that do not carry foreseeable risks, the article finds that the HR field has broadly endorsed criminal record checks as the default practice for screening job candidates. The article argues that this divergence stems from the structured uncertainty of compliance under the common law tort of negligent hiring, which shapes organizational behavior in ways that defy the substantive clarity of relevant case law.

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“…Certificates of relief are meant to demonstrate rehabilitation, remove automatic licensing bans, and provide employers with negligent hiring immunity (McCann et al, 2018). While there are various versions of certificates of relief (see Collateral Consequences Resource Center, 2020; Garretson, 2016;McCann et al, 2018 for comprehensive reviews), the focus here is Ohio's variation of this mechanism (see Denver, 2020 for research on New York's certificate; Ewald, 2016;Garretson, 2016). Ohio's certificate of relief, which is called a certificate of qualification for employment (CQE), became effective in 2012 (Ohio Rev.…”

Section: Certificates Of Relief As a Mechanism To Increase Employmentmentioning

confidence: 99%

“…One of the newest mechanisms is the certificate of relief or certificate of rehabilitation (sometimes called certificate of recovery or certificate of qualification for employment). Certificates of relief are meant to demonstrate rehabilitation, remove automatic licensing bans, and provide employers with negligent hiring immunity (McCann, Kowalski, Hemmens, & Stohr, 2018). While certificates of relief were created to reduce barriers to employment, their efficacy remains in question.…”

Section: Introductionmentioning

confidence: 99%

Women, Criminal Records, and Certificates of Relief: An Experimental Study

Leasure

Zhang

2020

Justice Evaluation Journal

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Few studies have examined the impact of criminal history on hiring outcomes for women and even fewer studies have explored the effectiveness of mechanisms aimed to improve hiring outcomes for women with criminal history. The overall objectives of the current study were to examine (1) whether criminal history negatively influenced hiring outcomes for women and if so, (2) whether Ohio's certificate of relief could improve hiring outcomes for women. These objectives were achieved with the use of an experimental correspondence audit that addressed limitations of prior research and utilized innovative methodological approaches. The results showed that callback (i.e., invitation to continue in the hiring process) point estimates for those with no record were higher than those with a record and no certificate. However, the differences between these two conditions lacked statistical significance. Further, while callback probabilities for certificate holders were statistically indistinguishable from those with no record, the callback probabilities for certificate holders were also statistically indistinguishable from those with a record and no certificate. Finally, there were no statistically significant racial differences. These results were supported in several robustness checks. Despite the lack of statistical significance, several findings have substantive significance and these findings are discussed in detail.

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An Analysis of Certificates of Rehabilitation in the United States

Cited by 15 publications

References 42 publications

The Effectiveness of Certificates of Relief: A Correspondence Audit of Hiring Outcomes

The Effectiveness of Certificates of Relief: A Correspondence Audit of Hiring Outcomes

The Exception as the Rule: Negligent Hiring Liability, Structured Uncertainty, and the Rise of Criminal Background Checks in the United States

Women, Criminal Records, and Certificates of Relief: An Experimental Study

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