In 2018, after five years of diligent work as an addiction counselor in Virginia, Rudy Carey received devastating news: He could no longer work legally. The reason? His criminal record included a barrier crime.
Barrier crimes are convictions that typically involve abuse or neglect that may prevent an individual from pursuing subsequent employment. Many states have such laws in place. Virginia’s crime barrier law prohibits people with a conviction for any of the 176 crimes listed in the law from working in a “direct care” position. In Carey’s case, a 2004 assault conviction barred him from working as an addiction counselor licensed under Virginia law.
Carey became addicted to drugs in 1988 after losing her father. His addiction led him to make bad decisions and accumulate a criminal record. Carey’s most serious crime occurred in 2004, when he struck a police officer during a traffic stop while under the influence.
For that crime he served three years in prison. When he left prison, Carey set out to get his life back on track: he attended rehab, found work and reconnected with his family. She did everything she “had” to do to become an upstanding member of society.
Eventually, Carey found her way into the field of addiction counseling. Having escaped the throes of addiction himself, he has been able to guide his clients with compassion and empathy. Carey says that because of his story, he was deeply passionate about his work, which gave him a fulfilling career and his clients a capable advisor.
Early in his consulting career, Carey’s employer was aware that his criminal record included a barrier offense. To keep Carey on the job, the employer classified Carey as a contract employee and required him to continue his education and submit documentation through the Virginia governor’s office to obtain a pardon.
But after years of successfully advising his clients, receiving stellar reviews from his employer, and returning to school to earn his degree, Carey was let go. The organization’s legal team advised that the risk of hiring Carey with his criminal record, despite him having met his employer’s demands, was too high.
Carey defied the odds, but it was a challenge.
Discussing the loss of the job he was so passionate about, Carey notes, “It really damaged my self-esteem: mentally, spiritually, emotionally. It was a really dark time for me.”
Carey was given the option to work in an administrative role at a consulting facility, but that would have meant taking a massive pay cut. Under immense pressure to figure out how to make ends meet, Carey persevered with the support of his family and found stable work as a truck driver.
In July 2021, the Institute for Justice, a public interest law firm, took on Carey as a pro bono client to challenge Virginia’s barrier crime law. After two years of litigation and several painful delays in appeal hearings, the court case was set for October 2023.
But this years-long nightmare ended for Carey before her day in court. On September 7, 2023, you received a call from Governor Glenn Youngkin’s office informing him that he had been granted clemency for crimes committed from 1994 to 2004.
“It’s like I have a new life,” Carey says through tears of gratitude, recalling the moment she knew she had received grace. “My life has changed.”
With this pardon, Carey was able to legally return to work as an addiction counselor.
Carey says returning to the field was difficult. She had to return to a supervised role and study for a licensing exam. However, he says he is grateful to have the opportunity to do a job that he finds so rewarding while supporting his family and community.
While there was a happy ending for Carey, many other Virginians are still being punished for their criminal records despite completing their sentences.
Since Carey received the pardon, he has lost standing and his case was dismissed by the court. Institute for Justice attorney Andrew Ward explains: “With the governor’s pardon [Carey]it also had the effect of causing the law to go unchallenged because that took away his ability to sue.”
Virginia’s barrier crime law is still in effect. Speaking about frustrations with the law, Ward explains, “According to Governor Youngkin, you are ineligible for the rest of your life even if you are helping people when there is a drug abuse crisis in Virginia. The state agency responsible of this, the Department of Behavioral Health and Developmental Services, did a review and said [Virginia’s barrier crime] the law excludes qualified people with invaluable experience.”
Lauren Krisai of the Justice Action Network, a nonprofit focused on criminal justice reform, notes, “The goal of getting someone out of prison is to get them a job. That’s the number one factor in reducing recidivism and making sure that Don’t do it.” Don’t go back to prison.”
By having an overly broad law that bars a wide range of ex-offenders from working in countless fields, Virginia is creating incredibly high barriers for these citizens to find stable, well-paying jobs that would allow them to get back on track and reenter society. With limited employment prospects, ex-offenders often find their way back into the penal system.
Youngkin should be applauded for granting the pardon that allowed Carey to pursue his livelihood and give back to his community. But there is still much to do. As long as this law is still in effect, other ex-convicts who have served sentences like Carey will be prevented from finding stable, meaningful work.