Briefs and other case materials



  • United States v. Nesbeth, E.D. N.Y. (Collateral consequences and sentencing)
  • Guerrero v. California Dept. of Corrections & Rehabilitation, 9th Cir. (Judicial deference to EEOC guidance on Title VII and employment background checks)
    • Amicus brief of NAACP Legal Defense & Educational Fund, et al. (April 27, 2016)
  • Doe v. Kerry, N.D. Cal. (International Meghan’s Law; Passport identifier)
  • Gillette v. Uber, N.D. Cal. (Criminal background checks/FCRA)


New York

  • Boone v. NYC Dept. of Education, N.Y. Sup. Ct., NY County (Criminal record-based employment discrimination)


  • Peake v. Pennsylvania, Pa. Commw. Ct. (Healthcare employment bars)


Related blog posts:

  • Big win for sex offenders in PA as registration held punishment (7/20/2017) - Yesterday, in Commonwealth v. Muniz, __A.3d__ (Pa., July 19, 2017) (47 MAP 2016), the Pennsylvania Supreme Court held what for a long time has been obvious to many: that sex offender registration is punishment. Five Justices declared that Pennsylvania’s Sex Offender Registration and Notification Act’s (SORNA) “registration provisions constitute punishment under Article 1, Section 17 of the Pennsylvania Constitution — [...]
  • PA high court holds sex offender registration unconstitutional (7/19/2017) - The Pennsylvania Supreme Court, in a divided opinion, has held the provisions of the state’s sex offender registration law (SORNA) unconstitutional under the state and federal constitutions.  The majority in Commonwealth v. Muniz held that 1) SORNA’s registration provisions constitute punishment notwithstanding the General Assembly’s identification of the provisions as nonpunitive; 2) retroactive application of SORNA’s registration provisions violates the [...]
  • Supreme Court supports immigrant’s right to understand consequences of conviction (6/27/2017) - The author of the following post about the Supreme Court’s decision in Jae Lee v. United States drafted an amicus brief in the case for several national immigrant rights organizations. In 2010, Padilla v. Kentucky established that criminal defense lawyers must advise clients about the deportation consequences of a conviction, as part of their duties under the Sixth Amendment right to the [...]
  • Defendant entitled to “Hail Mary” effort to avoid deportation (6/24/2017) - The Supreme Court has settled a dispute lingering in the lower courts since its decision seven years ago in Padilla v. Kentucky:  If a criminal defendant’s decision to plead guilty resulted from his lawyer’s constitutionally deficient advice about the collateral consequences of conviction, what does he have to show to undo the plea and bring the government back to the [...]
  • “Justice Alito’s misleading claim about sex offender rearrests” (6/22/2017) - The title of this post is the Washington Post’s “Fact Checker’s” assessment of a statement in Justice Alito’s concurrence in Packingham v. North Carolina about the recidivism rates of sex offenders.  We reprint excerpts because of the importance of the issue to the Supreme Court’s collateral consequences jurisprudence: “Repeat sex offenders pose an especially grave risk to children. ‘When convicted sex [...]
  • Court rules sex offenders cannot be barred from social media (6/20/2017) - The Supreme Court ruled on June 19, without dissent, that sex offenders cannot constitutionally be barred from social-networking sites.  SCOTUSblog’s Amy Howe introduced the Court’s ‘s holding in Packingham v. North Carolina as follows: In 2002, Lester Packingham became a convicted sex offender at the age of 21, after he pleaded guilty to taking indecent liberties with a child – having [...]
  • Supreme Court considers restrictions on sex offender access to internet (2/27/2017) - This morning the Supreme Court considered whether sex offenders may constitutionally be barred from internet access to social networking sites like Facebook and Twitter.  Lester Packingham, who was required to register as a sex offender after pleading guilty to taking “indecent liberties” with a minor when he was a 21-year-old college student, ran afoul of a North Carolina criminal statute when [...]
  • NC sex offender exclusion law held unconstitutional (12/7/2016) - Last week the Fourth Circuit held unconstitutional two key provisions of a North Carolina law that made it a felony for sex offenders to be within 300 feet of certain premises that are “intended primarily for the use, care, or supervision of minors” or on premises where minors “gather for regularly scheduled educational, recreational, or social programs.” The three-judge panel held that the [...]
  • Manslaughter plea vacated to avoid licensing bar (10/31/2016) - A former University of Maryland student who pled guilty last April to throwing a punch that resulted in the death of a fellow student, has been allowed the benefit of a nonconviction disposition that will likely result in the expungement of his record. According to a report in the Washington Post, Prince George’s County Judge Albert W. Northrop ordered the [...]
  • SCOTUS to review two collateral consequences cases (10/30/2016) - Most of the public interest in the Supreme Court’s cert grants on Friday focused on the transgender bathroom case from Virginia. But the Court also granted cert in two cases involving collateral consequences: one a First Amendment challenge to a North Carolina law barring a registered sex offender from internet access; and the other whether a man convicted in California [...]