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1 Written Testimony of Ames C. Grawert, Senior Counsel, Justice Program, Brennan Center for Justice at NYU School of Law, Submitted to the Assembly Standing Committee on Labor at the Hearing on Addressing Workforce Shortages, November 22, 2022 1 (2022)

handle is hein.brennan/wntsmamsc0001 and id is 1 raw text is: BRENNAN
CENTER
Written Testimony of Ames C. Grawert
Senior Counsel, Justice Program
Brennan Center for Justice at NYU School of Law'
Submitted to the Assembly Standing Committee on Labor
at the Hearing on Addressing Workforce Shortages
November 22, 2022
The Brennan Center for Justice at New York University School of Law welcomes the chance to
testify regarding barriers to workforce participation faced by the millions of New Yorkers with a
criminal record. The Center's cutting-edge research demonstrates that mass incarceration
negatively impacts the wellbeing of the state's economy and workforce. It also points to the need
for innovative policy solutions to overcome these challenges, such as legislation to automatically
seal conviction histories. We thank the Committee for the chance to discuss this vital but
underappreciated dimension of labor policy.
Employment rebounded in New York State and New York City over the past year.2 But several
industries continue to experience major gaps in the workforce. For example, New York City has
yet to recover from pandemic-related job losses in the hospitality and retail sectors.3 Statewide
data tells a similar story, with delivery, healthcare, and service listed as sectors in need of talent.4
No single factor accounts for these labor shortages. Undoubtedly the lingering effects of the
pandemic and other structural imbalances in the economy offer partial explanations. But the side-
effects (or collateral consequences) of criminal convictions and imprisonment may be another
contributing factor.5 Legal barriers and social stigma regularly prevent people with a criminal
record from participating fully in the economy, blocking them from competitive jobs and
housing, among other things.6 As a result, people with a criminal record tend to be pushed into
jobs with low pay and few benefits.7 The individual costs are profound: the Brennan Center's
analyses show that even a minor criminal record may reduce annual earnings by 16 percent.'
And they add up. New research by a team of sociologists shows that as a state's share of adults
with a felony record rises, so does the working-age non-employment rate.9
New York State is far from immune to these pressures. While previous estimates place the
number of New Yorkers with a criminal conviction at 2.3 million, the real figure could be nearly

Brennan Center for Justice at New York University School of Law
120 Broadway, Suite 1750 New York, NY 10271

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