Rudy Carey Was Pardoned, but the Unjust Law That Kept Him From Working Is Still on the Books
Virginia’s barrier crime law limits employment prospects for ex-offenders, who often find their way back into the penal system when they can’t find work.
In 2018, after five years of working diligently as an addiction counselor in Virginia, Rudy Carey received devastating news: He could no longer legally work. The reason? His criminal record included a barrier crime.
Barrier crimes are convictions typically involving abuse or neglect that can impede an individual from later employment. Many states have such laws in place. Virginia's barrier crime law prohibits individuals with a conviction for any of the law's 176 enumerated crimes from working in a "direct care" position. In Carey's case, an assault conviction from 2004 barred him from working as a licensed addiction counselor under Virginia law.
Carey became addicted to drugs in 1988 after he lost his father. His addiction led him to make poor decisions and garner 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.
He served three years in prison for that offense. When he left prison, Carey was committed to getting his life back on track: He attended rehab, found work, and reconnected with his family. He did everything he was "supposed" to do to become an upstanding member of society.
Eventually, Carey found his way into the addiction counseling field. Having successfully escaped the throes of addiction himself, he was able to guide his clients with compassion and empathy. Carey says that because of his history, he was deeply passionate about his work, which gave him a fulfilling career and his clients a capable counselor.
When beginning his counseling career, Carey's employer was aware that his criminal record included a barrier crime. To keep Carey at his job, the employer classified Carey as a contract employee and requested that he continue his education and file documentation through the Virginia governor's office for a pardon.
But after years of successfully advising his clients, receiving stellar reviews from his employer, and going back to school to receive his bachelor's degree, Carey was let go. The organization's legal team advised that the risk of employing Carey with his criminal background, despite meeting his employer's demands, was too high.
Carey defied the odds—but it was a challenge.
Discussing losing the job he was so passionate about, Carey notes, "It really damaged my self-esteem: mentally, spiritually, emotionally. It was a really dark period for me."
Carey was given the option to work in an administrative role at a counseling facility, but it 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 Carey on as a pro bono client to challenge Virginia's barrier crime law. After two years of litigation and several painful delays to appeals hearings, the court case was set for October 2023.
But this yearslong nightmare ended for Carey before his day in court. On September 7, 2023, he received a call from the office of Gov. Glenn Youngkin, informing him that he had been issued a pardon for crimes he committed from 1994 to 2004.
"It's like you have a new life," Carey says through grateful tears, recalling the moment he learned he had received the pardon. "My life changed."
With this pardon, Carey was then able to return to work legally as an addiction counselor.
Carey says getting back into the field has been complicated. He has had to go back into a supervised role and study to take a licensing exam. Nevertheless, he says he's grateful to have the ability to work a job he finds so gratifying 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 having completed their sentences.
Since Carey received a pardon, he lost legal standing, and his case was dropped by the court. Institute for Justice attorney Andrew Ward explains, "By the governor pardoning [Carey], it also had the effect of the law going unchallenged because that removed his ability to sue."
Virginia's barrier crime law is still standing. Speaking on the frustrations with the law, Ward explains, "You are ineligible for the rest of your life even though you are helping people when there is a drug abuse crisis in Virginia, according to Gov. Youngkin. The state agency that's in charge of this, the Department of Behavioral Health and Developmental Services, did a review and said [Virginia's barrier crime] law is keeping out qualified people with invaluable experience."
Lauren Krisai of Justice Action Network, a nonprofit focused on criminal justice reform, notes, "The goal of getting somebody to come out of prison is to get them a job. That is the number one factor in reducing recidivism and making sure they don't go back to prison."
By having an overly broad law that restricts a vast 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 the right track and reenter society. With limited employment prospects, ex-offenders often find their way back into the penal system.
Youngkin should be applauded for issuing the pardon that allowed Carey to pursue his livelihood and give back to his community. But there is more to be done. As long as this law is still on the books, other ex-offenders who have served their time like Carey will be blocked from finding stable, meaningful work.
