1.5 million children are arrested each year. At some point in each of these children’s lives, the record of their arrest or court involvement will impose barriers to education and employment. At least two-thirds of post-secondary institutions conduct background checks of prospective students. More than 90% of employers conduct background checks. And, many licensed occupations and professions require FBI background checks. Yet, the reality is, these background checks are often incomplete or inaccurate and they are always stigmatizing.
The justice system has long recognized that children are different from adults, and historically the public had little or no access to the records of juvenile adjudications. That is no longer the case. The effect of juvenile records now punish kids well into adulthood.
Juvenile Law Center’s recent policy paper, Future Interrupted, urges that children must be free to grow up unfettered by their childhood mistakes—to have their court involvement remain in the past so they can move forward with their lives. This paper explores how various background check systems disseminate juvenile record information, using real-life stories from youth to illustrate the devastating effects of record retention and dissemination.
In 2012 newly elected President of the New York State Bar Association (NYSBA), Seymour James, Jr., drew upon his 38 years of experience at the Legal Aid Society of New York City to establish a Special Committee on Reentry and appointed committee members who would spend the next three years researching and studying issues relating to reentry and reintegration.
The goal of this Special Committee was to develop a report and recommendations including a consideration of collateral consequences that can have an impact on reentry regarding education, housing employment, medical health, mental health and juveniles. The report identifies some of the best practices to ensure productive lives and minimize recidivism of formerly incarcerated adults and detained juveniles, and of adults and juveniles who can avoid convictions and delinquency findings through innovative diversion programs.
On January 29, 2016 the NYSBA House of Delegates adopted the report and recommendations of the Special Committee.
“The barriers associated with having a criminal record do not just result in lifelong punishment for the parent with the record; they also can significantly limit a child’s life chances.” This is according to a new report by the Center for American Progress that examines the multi-generational effects of collateral consequences and the cycle of poverty and lost opportunity that those consequences perpetuate.
A parent’s criminal record can affect everything from a child’s emotional and physical well-being to future economic and educational outcomes. This is true even if the record was for a minor conviction that did not result in incarceration or, in some cases, an arrest that did not result in conviction at all.
Occupational licensing requirements pose more of a barrier to employment than ever before, and perhaps no group of the population has been more affected by these barriers than people with criminal histories. About 25% of the country’s workforce is now employed in a field that requires a state occupational license, and many of these licenses take criminal history into account for eligibility or retention purposes. As a result, a record number of people with criminal records — many of whom have devoted their lives to a particular occupation or profession — are finding it difficult or impossible to earn a living in their chosen field.
Now the White House is weighing in on the issue, saying that “Policymakers should refrain from categorically excluding individuals with criminal records, and instead should only exclude those individuals whose convictions are recent and relevant, and pose a legitimate threat to public safety.” The White House’s urging appears in a new report aimed at curtailing the “inconsistent, inefficient, and arbitrary” burdens that current occupational licensing systems can place on workers, employers, and consumers.” Read more
We have prepared a new 50-state chart detailing the provisions for termination of the obligation to register as a sex offender in each state and under federal law. This project was inspired by Wayne Logan’s recent article in the Wisconsin Law Review titled “Database Infamia: Exit from the Sex Offender Registries,” discussed on this site on April 15. The original idea of the project was simply to present Professor Logan’s research in the same format as the other 50-state charts that are part of the NACDL Restoration of Rights Resource, supplementing it as necessary. But getting all of the state laws condensed into a few categories turned out to be a considerably more complex task than we imagined, in part because we had to fill in a lot of gaps, and in part because of the extraordinary variety and complexity of the laws themselves.
We present it here as a work in progress in the hope that practitioners and researchers in each state will review our work and give us comments to help us make the chart most helpful to them and to affected individuals. Read more
No, according to a recent study of efforts to enforce monetary judgments in a Milwaukee municipal court and to a national organization with expertise in traffic safety. The Justice Initiative Institute reviewed non-criminal, municipal cases from 2008-2013 in which the Milwaukee court had ordered the detention of defendants for not having paid fines.
Not surprisingly, the report shows that most people who fail to pay fines have little if any income (a majority of those detained were unemployed). Therefore, although the prospect of sanctions might encourage payment by a population with greater financial resources, the use of incarceration for non-payment ends up costing the City of Milwaukee more than any additional amount of fines collected.
The Government Accountability Office has made public a long-awaited report
to Congress on the use of FBI records by state agencies and private companies for employment-related background checks. The report addresses three questions:
1. To what extent do states conduct FBI criminal history record checks for selected employment sectors and what challenges, if any, do they face in conducting these checks?
2. To what extent have states made progress in improving the completeness of criminal history records and what challenges remain that federal agencies can help mitigate?
3. To what extent do private companies conduct record checks, what benefits do they provide, how are they regulated, and what challenges do they face?
The New York Times has published an editorial about the recently issued report of the Center for Community Alternatives on the deterrent effect of questions about criminal records on applications for admission to the State University of New York. (See the piece about the report “Boxed Out: Criminal History Screening and College Attrition” by CCA Director Alan Rosenthal published in this space 10 days ago.) The editorial notes that the 24 campuses of the CUNY system do not include “the box” asking about criminal record on their application forms and have reported no safety issues as a result. Perhaps this will be one of those rare cases where effective public advocacy highlighted in editorial pages will actually have a concrete result.
Last week was an exciting one for proponents of the expansion of college opportunities for people who are currently incarcerated or who have criminal records. Two reports were released that propose strategies to break the cycle of recidivism, promote public safety, and de-escalate mass incarceration by opening up post-secondary educational opportunities. It is fitting that both reports come at a time when America is reflecting on the events of “Bloody Sunday” in Selma, Alabama, fifty years ago, and envisioning where the momentum of Black Lives Matter will take us. It is the intersection of an historic civil rights struggle, the human rights movement that confronts “mass criminalization” and the racial divide in the U.S. today.
The Stanford Criminal Justice Center and the Warren Institute at the UC Berkeley School of Law issued a report from the Renewing Communities Initiative, Degrees of Freedom: Expanding College Opportunities for Currently and Formerly Incarcerated Californians. It was released just days after the Center for Community Alternatives (CCA) in cooperation with the Education from the Inside Out Coalition (EIO Coalition), issued its report, Boxed Out: Criminal History Screening and College Application Attrition, the subject of an earlier post on March 4, 2015.
Last week the Center for Community Alternatives in cooperation with the Education from the Inside Out Coalition released Boxed Out: Criminal History Screening and College Application Attrition. With this new study and report we build upon our 2010 study, The Use of Criminal History Records in College Admissions Reconsidered. The Reconsidered study showed that a growing number of colleges and universities are asking about criminal history information during the application process: two-thirds of the colleges and universities we surveyed reported that they do so. Yet, as we discussed in the Reconsidered study, there is no empirical evidence to indicate that criminal history screening makes college campuses any safer.