How I ended up a "FELON"

Back in 2003, my mom passed away from cancer. At that time, I split a bank account at Bank of America (BOA) with her to make everything pass easily from her to me. She got sick in March, I was put on the account in April and she died in July. I did contact the bank that she had passed but for some reason their paperwork was not updated in all the systems. We moved from Las Vegas to Orlando in 2004 and I just left the account the way it was cause I figured it didn’t matter. Who cared if her name was still on the account? I should have. 

At the time of her death, she was receiving some government benefits that had to do with the Veterans Administration and my dad's military enlistment, etc. He had passed away in 1988 (when I was 14) and she received benefits because of it. I thought the benefits were like a pension. I did report to the VA (as well as Social Security, Nissan, the US government incl the IRS and every other place I knew) that she had died and sent all of the proper information. I figured everyone got everything. I thought (as almost anyone else) that whatever payments kept coming in, they were just a payout/inheritance. Wow was I wrong. Apparently, the VA did not receive the paperwork (and I have zero way to prove that since we had faxed everything 14 years ago) and they incorrectly kept depositing payments. I was made aware of this oversight in April of 2017 when I had 2 federal marshals at my door wanting to speak with me. I wasn't home. They said for me to contact them. I contacted a lawyer cause I started to panic. The lawyer contacted them and we all had a huge discussion about those 14 years of payments. This happened late May 2017. 

Apparently those 14 years of payments should not have still been deposited and since I had just left my mom’s name on the bank account (I didn’t but BOA didn’t process it correctly), I was in BIG trouble with the US Government. The VA decided to press charges and gave the case to the US prosecutor on a felony charge of grand theft. Grand theft of almost $180,000 from the US government.I went and pled guilty in October 2017 BECAUSE there was zero chance of winning. I had used the money - they could prove that. I didn't have the faxes that I sent to them. They have a 99% conviction rate and everyone who goes to trial ends up with maximum sentences. Mine would be like 30 months in Federal prison. Almost everyone thought I would get home confinement since I have ZERO criminal record. The judge felt I needed to be taught a lesson so he sent me to prison for 6 months. He was generous with his sentence, he could have sent me there for 30. I thank him for the shortest sentence possible. When he said imprisonment, my first thought was "like the people on tv?" That was how naive I was. I never knew anyone who got arrested or imprisoned. I had no reference for what I was about to go through.

When I spoke with BOA after I was charged, they said they could not believe that her death slipped through the cracks and that she should have been automatically removed from the account. Even if I hadn't notified them, there are processes in place that are supposed to flag when people die. BOA had no explanation for what happened and that they were very sorry. So let me understand this, the Veteran's Administration made mistakes, Bank of America made mistakes and I made mistakes. Who ended up paying? ONLY ME. Who ended up taking responsibility? ONLY ME. Who ended up with their life completely derailed? ME.

I was sentenced in January 2018 to 6 months in Federal Prison. I was ordered to go to FMC Carswell in Texas (with 4 day notice before my self surrender). I spent 6 months in prison February 6 to August 3, 2018.  I have 3 years probation. I have a lifetime sentence of "FELON". 

Back to Square One - Another Job Offer Gone

Well, its official. I received the email from another company which said "We appreciate you taking the time to come in and interview for the Graphic Artist position. However, the principals have decided to go in a different direction, and will not pursue your candidacy further. Thank you again for your interest in our company, and we wish you all the best in your job search." They wish me luck - thanks - I wish me luck too. I wish me luck in paying bills and keeping a roof over my head when no one will give me a job. I wish me luck with my probation officer when I tell him that I went another month without finding a job and hoping he doesn't put me into probation violation (I am required to work 32 hours per week) which would possibly get me resentenced and headed BACK to prison.

ALL my other records are clear but my "one thing" stopped it. Lawfully they are ONLY supposed to deny employment to you IF they can prove that your exact crime would put their company in jeopardy. My exact crime was "theft of government funds" so as I don't think the firm was going to let me handle their funds while creating business proposals, my charge is not related.  I have never knowingly stolen anything in my life, I would seriously NOT start now. I am not a thief. I made a mistake with benefits and inheritance. Sorry that it happened. My story is an a set of errors on my side with misunderstanding Veteran's Administration benefits as well as the Veteran's Administration who NEGLECTED to contact me before the 14 year mark. Seriously, they let me collect benefits for 14 years before thinking hey maybe she isn't supposed to have these. They cannot admit to their mistake so it is better to make an honest citizen a felon. That's our government..

Employers in Many Industries Are Reconsidering Their Stance on Hiring Ex-Criminal Offenders

Employers in Many Industries Are Reconsidering Their Stance on Hiring Ex-Criminal Offenders: Employers across the country are becoming more open to hiring people with criminal records. The reasons behind the shift range from new laws to the state of the job market.

Target Job Offer Pending Background Check

Well, its official. I received the paperwork from First Advantage who Target uses for background checks and I was denied employment based on the felony charge. ALL my other records are clear but my "one thing" stopped it. Lawfully Target is ONLY supposed to deny employment to you IF they can prove that your exact crime would put their company in jeopardy. My exact crime was "theft of government funds" so as I don't think Target was going to let me handle their funds while unloading merchandise on to the sales floor, my charge is not related.  I would NOT be handling money or credit cards etc, I am unloading things like cans and toys or any number of grocery items. It is sooo frustrating. Yes, you could argue, its a theft charge so maybe you would steal their merchandise. I have never knowingly stolen anything in my life, I would seriously NOT start now. Although I do love their almond milk, I would much rather pay for it then steal it. That holds true for everything they sell. I am not a thief. I made a mistake with benefits and inheritance. Sorry that it happened. My story is an a set of errors on my side with misunderstanding Veteran's Administration benefits as well as the Veteran's Administration who NEGLECTED to contact me before the 14 year mark. Seriously, they let me collect benefits for 14 years before thinking hey maybe she isn't supposed to have these. They cannot admit to their mistake so it is better to make an honest citizen a felon. That's our government..

Things are going to hell in a handbasket - Inmate 2

FMC Carswell is continuing in it's horrendous treatment of the inmates. The following is from Inmate 2. 

"It's the end of the year and kitchen is feeding us byproducts making a lot of people really sick - they told me it was turkey (it wasn't) and the little bit I ate made me sick - not as sick as others because the taste was awful and I couldn't stomach it but some ate (the meatloaf) all of what they were served and got diarrhea and stomach cramps - it cleaned my system out but thank God it was just minor - I'm down another 4 lbs - puts me under 200. Yeah! - though being starved to death isn't my idea of a way to lose weight. They kitchen also hasn't had eggs -not for snacks nor for lunch - last week we got potatoes and pancakes (good luck for me with that one) there have been no boiled eggs all week - none for snack and none for breakfast in am so it has been jelly sandwiches all week for me (UGH!) They finally got fruit in that 2 tbsp of canned fruit just doesn't cut it. 

They still haven't fixed my FRP (financial restitution payment) fiasco - over 400 women put on restriction because the IPP they put out is incorrect and the pay has been coming the 1st Thursday instead of on the schedule they posted. Needless to say, it doesn't matter for me - I won't spend my limit all the way down EVER again. Now Ms LeBlanc says Ms Neblett is fixing it so she won't be back until Sunday but because Monday is a holiday I expect she won't be back until Tuesday and she won't be here Sunday (because Monday is a holiday) supposedly her new hours are Sunday - Tuesday and only a couple of hours (or less than an hour) each day she is here. Then it takes 24 hours for it to correct in the system. I told Ms LeBlanc it is unfair because I was hungry and couldn't shop - or eat the trash they are trying to feed us in the kitchen. She didn't seem to think it mattered. She said - well your roommates fix food all the time - and when I explained to her I couldn't eat that stuff she just raised her eyebrows. But didn't fix my FRP."

The "One Thing"

So here it is 2 1/2 months since I was released and I am still job less. This is getting ridiculous. I have TWO college degrees and cannot get hired for even crappy $8.75 hour jobs. I have applied for numerous positions and have gotten a few interviews. At the interview, I always do well and am likable. Very very likeable. It reminds me of the last Grey's Anatomy episode that I watched. The main character Meredith is out on a date with a guy named John who has a theory "Picture it: The date is going great. He likes her. She seems to like him. He’s funny. She’s smart. Fireworks are poised for explosions. Then she says the one thing that makes it all go south. Maybe she’s racist. Or rude. Or disrespectful. Or confuses they’re, there, and their. Whatever the case, “the one thing” ruins it."

Job interviewing is much like a first date and I always have my one thing that ruins it. Here goes (or some variation of the following) This is brought up near end of the interview not right off the bat. "I need to mention this before we go forward. I have a blip in my background. I had a misunderstanding with the Veteran's Administration about benefits and inheritance laws. They chose to prosecute. I took a plea deal and went to prison for six months. I was in prison from February through August of this year. While in prison, I chose to improve myself and help others. I lost 30lbs and taught Adult Continuing Education classes. Everything else in my record is completely spotless."

"The one thing" that ruins it. EVERY TIME. It has gotten to the point that when I leave for interviews, I tell my husband "don't worry they will love me and want to hire me and then I will tell them and never hear from them again." From what I am to understand, it is actually illegal to let my "one thing" be the reason they don't hire me. I am sure the companies that I never hear from again will say it was "some thing" else but I know the truth. I am going to be brave and start naming the companies I have been interviewed at in hopes that this will get them to start to act lawfully and accordingly. Here goes:

Universal Orlando where I worked on and off for 5 years before heading to prison. I was interviewed for a guest communications job and was about to be hired. Seriously, the next step was onboarding paperwork. I mentioned my "one thing" and suddenly a different HR person was brought in to tell me specifically that I could NEVER work there again in any capacity because of the "one thing". I cannot even do park services.

Target was an interview 2 1/2 weeks ago. This position was for part time seasonal stocking on the sales floor. I was given the job PENDING a background check. Never heard from them so I am guessing my "one thing" stopped that job offer.

Panera Bread in Apopka wanted to hire me. The store manager was super cool and just needed me to speak to the district manager about my "one thing". No problem I thought. So I was scheduled to meet with her on a Monday at 5pm in a totally different location about 20 minutes from my house. I am down for it so I go down there and at 5:20 I am told, she isn't coming and they will call me to reschedule. I never heard from them again. This was for a $8.75 per hour job that started at 5am dealing with customers who wanted to buy bagels/pastries.

Sam's Club in Apopka interviewed me for a part time stock associate position. I spoke with the person over merchandising and I agreed to the background check. That was 1.5 weeks ago. I am thinking my "one thing" kicked it.

There were a few other positions I did not get however I am not sure if it was the "one thing" that kicked it.The above four I know for sure, my "one thing" was the reason. I have bills to pay like rent etc. I haven't paid October rent yet and its the 17th. Not sure how that is going to happen now since it is creeping into the end of the month with no job in sight. Everyone judges felons on their past and seem unwilling to help them obtain a better future. I keep thinking that if I cannot make it, how are all the people I knew that are currently incarcerated going to fare? They were in for way longer than me and have almost no education. What is their hope, what is their saving grace? Is there any hope for us or are we all doomed to a complete life of poverty? Is anybody in the corporate world willing to overlook our "one thing" and give us a fair chance???

You want to know the absolute kicker to all of this - my probation stipulates I have to work at least 32 hours per week OR I risk violating probation and being sent BACK to prison. You read that right, I can be sent back to prison and resentenced BECAUSE I cannot get a job. This time I can get the remaining 30 months (which would max me out for my crime) of the sentence that was not given the first time around.

One Year and One Day: From Dragonfly: Finding Community

I understand and sympathize most with this post. I was the same - camp eligible but held on the medical side with all the "others"

One Year and One Day: From Dragonfly: Finding Community: I just had lunch with several women - all here for the same reason as me --- meaning camp eligible, but at Carswell for medical reasons. We ...

I am Inmate 1 and now I am free

This is listed as being posted by FG but it is in reality being written and posted by the person who was formerly known as inmate 1 aka prisoner number 69482-018. I am grateful to FG for all of her help when I served my 6 months and the continued help she is providing for those still incarcerated.

It's been 2 months since my release and I would love to say everything has gone well and that life is grand. It's not. I cannot find a job and I am more than trying. I have applied to over 150 positions at this point ranging from graphic designer (my actual trade) to part time seasonal at places like Target. I cannot seem to pass the background check. People love me in interviews but the background check with ONE felony charge and otherwise 100% clean apparently makes me unemployable. I am struggling more than I ever have in my life. I am honestly at my wits end about what to do in the employability department. I have a husband and we have a very modest life and even that is at risk. I am not sure what to do outside of keep selling my stuff on ebay and deciding to make a difference in the prison system. I know that if I am having a hard time succeeding then what will happen to all the people I used to know in prison. I was their hope that things will be better when they get out. Now they hear about me struggling and it's soul crushing. This system needs to be better. We need to support people who admittedly made a mistake but are on the right path. We need employers to not only ban the box but are actually held accountable for their illegal prejudicial hiring decisions. The law says you have to give me a direct reason as to how my crime relates to the job I am applying for. Considering my crime was theft of government funds (which will be explained in a whole other post) - how am I not qualified to create a flyer for you??

So I have decided that I need to blog every day about the trials and tribulations of being free but also the actual experiences I had while at FMC Carswell for 6 months. There was a lot I did not share while I was there for fear of institutional retaliation. I knew the warden knew about my blog and I did not want to be sent to the SHU (aka special housing unit) for speaking up about the conditions. That is why I remained anonymous. However the time for anonymity has ended and I will gladly stand up and fight. The battle begins NOW.

Another Blog whose Writer Spent time at FMC Carswell

Today I came across a fantastic blog that highlights the daily grind and perils of FMC Carswell. It is an amazing time capsule of what a year there is like. Here you go: http://dragonflyhazel.blogspot.com/