Debts Unpaid: The Never-Ending Consequences of Criminal Justice Involvement and Its Impact on People in Recovery

By Anthony Gallo, LCSW, LCADC

“Research shows once an individual with a prior conviction remains crime-free for four to seven years, their risk of recidivism is no greater than the risk of arrest among the general population, yet in some capacity they are forever punished for their prior transgressions.

me cars so I could travel in peace. A world where my application to one social work school was met with emails threatening to call the police if I ever contacted them again. A world where an inpatient rehab hiring manager told me, “I wish if my kid were in your position someone would give them a chance, but it’s policy and I can’t give one to you.” A world where no one let me tell my side of the story. A world where I thought the consequences of getting high again might just be worth the temporary escape from thinking about my seemingly hopeless future.

It seemed that everywhere I went, the system was designed to stop me from rebuilding my life. So, when almost exactly 2 years after my release from prison I was invited to a literal seat at a table in the home of the head of the largest educational system in NJ, I felt an unbelievable sense of hope for the future. I thought that being accepted by someone who represented the system meant that I was finally forgiven by the system, and maybe there would be smoother sailing ahead.

Unfortunately, while things have gotten easier in the ensuing years, I’ve learned that I may never be done paying for my mistakes. Seven years post-conviction, despite having two more college degrees, two terminal professional licenses, a career job, my own private practice, and 10 years of sobriety, I continue to face obstacles at almost every milestone of my life. Apartment rentals were denied to me because of my record. “Shoo-in” job offers were rescinded upon the disclosure of my record. Colleagues reported me to Human Resources when they learned of my record. These experiences have left me with a gnawing insecurity—feeling like a second-class citizen with a dirty secret.

However, I want to be clear, this article is not a sob story about my life. I was guilty. Plus, I had the advantage of just about every possible protective factor this rigged system affords to keep me from an even worse outcome. I’m a white, cis-gender male from a loving family who could afford competent legal representation in a system that unjustly produces better outcomes for Caucasians. I never had to rely on the social supports (e.g., HUD housing, TANF, GA, etc.) that many need but are barred from—or have barriers to accessing—due to criminal convictions. I had near unlimited access to treatment that helped keep me sober when I was giving up hope.

I don’t need your pity. I need your attention.

I need you to understand that I am just one of roughly 100 million adults with criminal records in this country that are battling with collateral consequences. That higher than one third of criminal justice involved individuals have substance use disorders making them significantly more prone to continued use and relapse while struggling with the fallout from their charges. That research shows once an individual with a prior conviction remains crime-free for four to seven years, their risk of recidivism is no greater than the risk of arrest among the general population, yet in some capacity they are forever punished for their prior transgressions.

I need you to change how you think of people with criminal records, because if you work with individuals with substance use disorders, it’s an almost statistical inevitability that you will work with people who have criminal records. In the same way that that we’ve transitioned away from labeling people as homeless, being convicted of a crime only makes someone a person who committed a crime, not a criminal. Know that this population is often scared of your judgement and scarred by a society that never forgets or forgives. It is crucial to practice the principle of unconditional positive regard when working with people with criminal records.

I need you to remember that social workers serve disenfranchised communities that often face barriers to care and to full participation in society. The criminally-convicted community is burdened with barriers placed before them in the name of community safety—barriers that research does not support. Criminal justice policy is often based on moralistic judgement and structural racism, rather than on practices that research shows produce the best outcomes for individuals and communities. One way social workers can help challenge these practices and improve outcomes for those with criminal records is by voting for candidates at the local, state, and federal level who believe in supporting recovery services and second chances for people with criminal convictions.

Without the protective factors that offset the challenges I faced following my conviction, my odds of relapse would have been significantly higher. My recovery makes me one of the lucky ones. I think this is tragically unfair. I am begging you—help us stack the deck in favor of people’s recovery rather than perpetuating their punishment. Challenge the system by supporting legislation that creates bail reform, establishes re-entry services, and creates conditions that allow individuals with criminal convictions to re-establish themselves within our broader society. Consider your own personal perceptions and pre-conceived notions and challenge them, as well. In this way, we can create a more just, better society for all, and bring about the type of world that we want to live in.

References:

1Interactive. (2022, November 2). Report to the United Nations on racial disparities in the U.S. criminal justice system. The Sentencing Project. https://www.sentencingproject.org/reports/reportto-the-united-nations-on-racial-disparities-in-the-u-s-criminal-justice-system/

2The Sentencing Project. (n.d.). Americans with Criminal Records: Poverty and Opportunity Profile. https://www.sentencingproject.org/app/uploads/2022/08/Americans-with-CriminalRecords-Poverty-and-Opportunity-Profile.pdf

3Saloner, B., Bandara, S. N., McGinty, E. E., & Barry, C. L. (2016, June). Justice-involved adults with substance use disorders ... - health affairs. Health Affairs. https://www.healthaffairs.org/ doi/10.1377/hlthaff.2016.0005

4Vallas, R., Dietrich, S., & Avery, B. (2023, March 28). A criminal record shouldn’t be a life sentence to poverty. Center for American Progress. https://www.americanprogress.org/article/criminalrecord-shouldnt-life-sentence-poverty-2/

5Rucker, J. M., & Richeson, J. A. (2021, October 15). Toward an understanding of structural racism ... - yale university. Yale. https://spcl.yale.edu/sites/default/files/files/science_abj7779.pdf

6Benforado, A. (2017). Can science save justice? . Judicature. https://judicature.duke.edu/articles/ can-science-save-justice/

About the Author: Anthony Gallo is a Licensed Clinical Social Worker (LCSW) and Licensed Clinical Alcohol and Drug Counselor (LCADC). He is the Owner of Anthony Gallo Consulting, a private practice focused on working with adults dealing with mental health, substance use, and criminal justice related issues. He currently serves as Treasurer of the NASW-NJ PACE Committee.