Date of Conferral

2022

Degree

Ph.D.

School

Criminal Justice

Advisor

Joseph E. Pascarella

Abstract

AbstractMany studies have been conducted with a focus on wrongful convictions, but few have been conducted that were focused on the effects of wrongful convictions on hiring managers when it comes to issues of employment for exonerates. Criminal background checks are frequently a part of the hiring process, and hiring managers may lack knowledge or awareness of issues facing wrongfully convicted individuals in terms of record expungement and sealing. Simultaneously, public perception may hinder hiring managers’ desire to extend employment offers to exonerates, as hiring managers might fear reprisal from customers. The purpose of this qualitative study was to explore the perceptions of hiring managers to see how company rules, state expungement laws, and public perception affect exonerate applicants during the background investigation and hiring process. Grounded theory was used to explain why exonerates are not offered jobs in certain career fields using data collected during the study. Critical race theory allowed for analysis to determine connections across categories such as race, law, and power. Data were collected from semi-structured telephone interviews with 20 hiring managers: 10 in New York and 10 in Delaware. Data were analyzed using MAXQDA. The results indicate that current laws and public perceptions do not prevent the hiring of exonerees but company policy for a criminal background investigation may. Recommendations are to have a separate process for exonerees or have laws in place that would automatically expunge criminal records for exonerees. The findings in this study could lead to positive social change by providing awareness about wrongful convictions and the road blocks that prevent employment for exonerees.

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