Arkansas HVACR NewsMagazine January 2023

News Magazine Reprint

FEATURE STORY

Another reason to hire a felon is that Arkansans have a tender heart and want to give most folks a second chance. Many of those applying for a waiver for employment had drug convictions when they were young. It is a “ there go I but by the grace of God ” feeling. Contractors send in applications for registrants. Among the list is a person that will need to complete the felony waiver application form. The contractor sends in his check which covers all the registrants including the felon requesting a waiver. Well, the waiver must be considered and approved by the Board before the check can be cashed which holds up the registrant card for everyone. The process of requesting a felony waiver can take 7 to 8 weeks. State policy will not allow Labor and Licensing to hold a check for that period of time so everything has to be sent back to the contractor. Now, none of his registrants can work legally because they don’t have a registrant card. As usual, the devil is in the detail even when the intent is an angel of mercy. So, the following attempts to outline the process of hiring a felon. 1. Go through your normal interview and hiring process. 2. Complete A. Registrant card application for the felony applicant by itself. Do not include any other applicants for registrants. One of the problems being created:

Hiring a Felon

Concerned about recidivism and giving a convict a 2 nd chance, the legislature passed Act 990, now Statute A.C.A. 17-33-102, which gives felons an opportunity to re-enter society with a job that gives them a wage and respect. After all, it is hard to stay straight when you can’t find work. Some occupations had locked out persons guilty of felonies even though they may have completed their sentences. While the legislature was sympathetic of the situation, they also determined that there are certain crimes and certain occupations that remain incompatible. Other felons can be considered by the Board and that person can be given a registrant card or may apply to test for a license if the Board so determines. The process has turned into confusion and a tax on the Board’s and staff’s time. Much of each monthly Board meeting is devoted to hearing the applications for felons. One, is the shortage of labor. A felon may have greater loyalty since they are limited in the jobs that are available to them. One contractor told me that if he ran a background check on everyone and only hired those with a clean record, he could never get his jobs done. There are two reasons for hiring a felon.

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