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Legal Corner: Employment After Incarceration

May 12, 2026 by AOUON Contributor Leave a Comment

by Sandra Johnson, Senior Racial Economic Justice Workers’ Advocate, Legal Aid at Work

Hi, my name is Sandra Johnson. I write to you not only as a Worker’s Advocate with Legal Aid at Work, but also as a Black woman who spent many years incarcerated and who has been in recovery for a little more than 15 years. Trying to reenter society after prison can be challenging for anyone, and as a Black woman, reentry felt like an even greater challenge for me.

I share this not for sympathy, but to make something clear: I know firsthand how it feels to face discrimination in the workplace (and beyond) because of a criminal record and racism.

For many of us returning home, finding employment and housing is not only expected, it is a requirement of our release. Yet, these are often the biggest barriers we face. The process of finding a job can be especially overwhelming. It is not just about having the skills or the willingness to work. It is also about overcoming the stigma associated with background checks and explaining large gaps in employment history.

Despite these challenges, there are laws, resources, and strategies that can support a successful transition back into the workforce. Too often, employers see a record before they see a person. They do not see the growth, the rehabilitation, the healing, or the commitment to change. They only see that someone has been part of the system.

Employers also do not see the years of recovery, the work we have done to rebuild our lives, or the strength it takes to keep moving forward and not return to the circumstances we are working so hard to leave behind.

But over time, I have learned that we are more than our past. There are laws and protections in place that recognize that.

In California, for example, the Fair Chance Act helps protect people with criminal records during the hiring process. Employers are not allowed to ask about your criminal history until after making a conditional job offer. This gives us a fair chance to be considered based on our skills first. If an employer plans to deny someone a job because of their record, they must give that person a chance to respond and provide evidence of rehabilitation.

Although the California Fair Chance Act was passed into law as Assembly Bill 1008 in 2017, many employers still deny system-impacted people fair access to jobs. That is why employment advocates like me continue to work on new policy efforts, like the California Fair Chance Improvement Act. This aims to strengthen the law and ensure that people with records have a real opportunity to secure employment, something that is critical to building a better future after incarceration.

It is also important to know that support exists. Organizations like Legal Aid at Work, Legal Services for Prisoners with Children, and All Of Us Or None, provide resources and guidance to help people understand their rights and navigate workplace challenges. No one should have to go through this process alone.

To anyone who has walked a similar path, I want to say this: do not let anyone reduce you to your record. Your experiences, your growth, and your perseverance are valuable. Yes, the system can be unfair. Yes, discrimination is real. But so is your strength.

Employment is more than a paycheck. It is dignity, stability, and a chance to build something new. And everyone deserves that chance.

Knowing your rights can be the difference between being shut out and stepping forward. When individuals understand their rights, we can advocate for ourselves, ask the right questions, push back when something does not feel right, and take action when necessary. Knowledge is not just power. It is protection.

Filed Under: Legal Corner Tagged With: Fair Chance Act, Legal, Sandra Johnson

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Our All of Us or None Newspaper serves to link those of us who have been locked up, those who are locked up, as well as our families and allies in this struggle.

We want to ensure that the voices of our people inside are heard and that inside artists are recognized for their contributions to this movement.

Your stories matter!

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