With the reelection of President-elect Donald Trump as a felon and Mayor Eric Adams’ federal indictment, it seems more and more that anyone can be touched by the criminal justice system regardless of position. The question is — will that exposure change the country’s perception of Black and Brown people who have felony convictions, but not the luxury of a high social status?
Having a felony conviction can mean a wide range of crimes were committed, from aggravated sexual abuse to nonviolent welfare fraud. Daniel Lambright, special counsel for criminal justice litigation for the New York Civil Liberties Union (NYCLU), said despite that range, having any felony in New York could disqualify a person from housing, jobs, and many miscellaneous positions, like serving as a juror, without “empirical evidence” that they should be excluded.
“Such felony convictions have a tremendous racial disparity given racist policing practices for decades in America,” said Lambright. “They’re all types of felony bans, restrictions on housing. There are restrictions on getting licenses. There are restrictions on serving as an executor on a will. And those are far too broad and unrelated to the felony offense that someone’s been convicted of.”
Lambright hopes that people will begin to move past the idea that having a felony as a justice-impacted person means they should be banned from critical services and benefits once time is served. In his opinion, felony convictions are not really a signifier of someone’s moral character or fitness to be law abiding, especially when it comes to Black and Brown men who have the lion’s share of felony arrests and convictions in New York.
“I think they see it as if you have a felony conviction, you’re a bad person,” said Lambright. “Rather than recognizing that many people in the suburbs in kind of majority white neighborhoods that are not heavily policed do felony activities all the time. They just don’t get caught for it and they just don’t get a felony conviction for it.”
New York City and State have passed several criminal reform laws over the years aimed at giving formerly incarcerated people, or those with felonies, a fair chance at securing housing and jobs.
Steuben Vega is the director of Workforce Development for Osborne Association, a statewide nonprofit that provides services and advocacy for people and families impacted by the criminal legal system. He remembers the city’s Ban the Box movement back in 2015, which pushed to ban employers from inquiring about criminal records or considering criminal history on a person’s job application. He said that jobs, and job placement in particular, are about changing perceptions of people with felony convictions and creating an opportunity for them to thrive.“Those are all important for individuals who are marginalized because of those convictions. To be able to balance the playing field and advocate on their own behalf,” said Vega.
In 2023, two major pieces of legislation were passed: the Fair Chance for Housing Act, which combats housing discrimination due to past convictions, and the Clean Slate Act, which automatically seals certain criminal records after three to eight years once released.
“I’ve heard the term ‘perpetual punishment’ before — but it wasn’t until I endured its sinister weight that I fully grasped its meaning,” said Legal Defense Fund’s Community Organizer Victor Dempsey. “The term itself carries racial undertones, reflecting the double standards, racial stereotypes, and class inequalities deeply ingrained in our justice system. While individuals in positions of privilege often evade lasting consequences, marginalized communities — particularly people of color — face a lifetime of penalties for past mistakes.”
Lambright added that there are far too many punitive changes to begin with and some charges shouldn’t “warrant harsh treatment” of individuals. He said that more people should have less severe sentencing whether they are rich and white or poor and Black.
In the larger case of elected officials, like Trump or Adams, Lambright said that solely focusing on the felony or indictment isn’t as important as their policies and integrity. He would like to think that Trump supporters would be influenced to keep an open mind about justice involved or formerly incarcerated people with felonies now that he won his reelection.
“I certainly hope it does,” said Lambright. “The truth of the matter is that that happens to many Black and Brown people, and poor people, in this country due to structural racism. Due to many factors beyond their control. And hopefully people who are Trump supporters — if they believe that Trump was unfairly prosecuted — see that just having a felony conviction in itself doesn’t mean that you are unfit to do many activities and that people should be judged individually, not based on their felony conviction.”
Um… Let’s not use the way in which Black men are incarcerated and demonized due to clearly racist drug laws and clearly racist prosecutions as an excuse for those Black capitalist politicians who use their Blackness as an excuse step on Black people every day. This is a major who was in on convincing a White Arab ivy league president to treat as criminals peaceful protestors at Columbia University. This is a man who has, with intent, enacted housing policies detrimental to Black and Brown people. This is a man who has refused to follow in the footsteps of other progressives to enact clear policies that would desegregate NYC schools which among schools nationwide with more than 100,000 students is THE MOST SEGREGATED SCHOOL SYSTEM IN THE UNITED STATES OF AMERICA. Why? Because Asian parents and White parents like a system where so many Whites and Asians could give two hoots that the NYC school system literally was set up by Founding Fathers who were anti-slavery to ensure that their children — children of the gentry — did not have to attend students with African-descendant children in New York City’s in 1776, the year of our nation’s official birth. So no. Black politicians who are felons do not get treated differently because a White felon had the power to escape conviction. That’s the very definition of inanity, if not insanity, in my book. We don’t give politicians who crush Black prisoners at Riker’s a get out of jail free card because they are Black. Geesh. What kind of position is that?