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Related blog posts:

  • HHS finalizes rules on child care worker screening (9/28/2016) - In February we posted about regulations proposed by the federal Department of Health and Human Services (HHS) to implement criminal history screening requirements for child care workers under recent changes to the Child Care and Development Block Grant Act of 2014.  The CCRC joined a coalition of organizations led by the National Employment Law Project (NELP) in calling upon HHS to [...]
  • Can the pardon power be revived through procedural reforms? (9/12/2016) - Mark Osler has posted a new piece arguing for an overhaul of the federal pardon process so that it more closely resembles efficient and productive state clemency systems. He argues that flaws in the process for administering the power, rather than a failure of executive will, have prevented President Obama from carrying out his ambitious clemency agenda directed atlong-sentenced drug [...]
  • “On Lawyering” on collateral consequences (5/27/2016) - The following post was originally published at On Lawyering, CCRC President Rich Cassidy’s blog on the law and culture of lawyering.  Judge Rules That That the Collateral Consequences of Conviction Justify the Release of a Drug Offender “Earth’s most impassable barriers – as Lincoln the lawyer knew, as Lincoln the writer knew – are often those formed not of walls and [...]
  • Will Prez Obama make federal contractors ban the box? [Update: Not now.] (4/29/2016) - Updated April 29: According to comments late this week from senior White House adviser Valerie Jarrett, the President remains inclined to defer to Congress when it comes to making federal contractors ban the box: Asked whether there was consideration of whether to take action to require federal contractors to “ban the box,” Jarrett said, “The president has supported federal legislation [...]
  • Federal sentencing and collateral consequences (4/15/2016) - This practice resource is available in PDF format here.  A follow-up piece, “Federal sentencing and collateral consequences II,” is here.   Federal courts are frequently asked to take into account the collateral consequences of conviction in determining what sentence to impose under the criteria in 18 U.S.C. § 3553(a). It is generally permissible for them to do so, and in line with current [...]
  • New federal screening requirements for child care workers (2/25/2016) - Child care workers in every state are subject to rigorous criminal background checks that may result in mandatory bars to employment. Until now, each state has been generally free to define its own standards regarding screening for criminal history. That is about to change. By September of next year, states receiving funds under the federal Child Care and Development Block Grant [...]
  • Should DOJ be gatekeeper of president’s pardon power? (8/31/2015) - Last week Sentencing Law & Policy highlighted a new article by CCRC director Margaret Love that examines the Justice Department’s historical role in administering the president’s pardon power.  The article (“Justice Department Administration of the President’s Pardon Power: A Case Study in Institutional Conflict of Interest”) concludes that an institutional conflict of interest has made Justice a progressively less responsible and effective [...]
  • Amicus invited in federal expungement case (8/7/2015) - For those following developments in the federal expungement case currently pending before Judge John Gleeson in the Eastern District of New York, Jane Doe v. United States (Jane Doe II), the following order was entered by the court on August 6: ORDER: Margaret Love, a nationally-recognized authority on collateral consequences and co-author of the treatise Collateral Consequences of a Criminal Conviction: [...]
  • Federal expungement case gets curiouser and curiouser (7/29/2015) - Visitors to this site are familiar with the expungement order issued by Federal District Judge John Gleeson on May 21.  See Jane Doe v. United States, now on appeal to the Second Circuit.  A second Jane Doe, a codefendant of the first, applied for expungement on June 23, and on June 29 Judge Gleeson ordered the government to show cause [...]
  • President urged to make federal hiring fairer — but is the “ask” enough to get the right result? (7/28/2015) - A coalition of national advocacy organizations has again urged President Obama to implement a robust federal hiring policy to give people with a criminal record a fair chance to compete for federal agency and contractor jobs.[1]  In an open letter dated July 20, the coalition called upon the President to issue an executive order requiring employers to conduct a criminal records [...]