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:

  • “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 [...]
  • Illinois health care licenses elude those with records (10/13/2016) - The Illinois legislature has been generally progressive in enacting measures to help people with a criminal record avoid being stigmatized for life.  In 2003, as a state senator, President Obama sponsored one of the earliest of these measures, authorizing courts to grant certificates relieving collateral consequences. In 2011, however, Illinois took several steps backwards when it enacted legislation automatically barring some criminal record holders from [...]
  • Sex offender residency restrictions in the courts: is the tide turning? (10/8/2016) - The Marshall Project has published an important new article by Maurice Chammah on legal challenges to restrictions on where registered sex offenders can work, live, and visit. See “Making the Case Against Banishing Sex Offenders: Legislators won’t touch the subject, but courts are proving more sympathetic.”  Chammah writes that activists, finding lawmakers unreceptive to any measure perceived to benefit sex offenders, “have taken the [...]
  • Sex offender passport law survives challenge (10/5/2016) - A federal judge in San Francisco has dismissed a constitutional challenge to the recently enacted International Megan’s Law, which requires specially-marked passports for registered sex offenders whose offenses involved child victims, and authorizes notification to foreign governments when they travel.  The so-called “Scarlet Letter” law is specifically aimed at stopping child sex trafficking and sex tourism, and this purpose was evidently [...]
  • When does the Second Amendment protect a convicted person’s right to bear arms? (9/20/2016) - Earlier this month eight judges of the Court of Appeals for the Third Circuit blocked enforcement of a federal gun control law in two cases involving Pennsylvanians convicted of non-violent misdemeanors many years ago, invoking the Second Amendment’s right to bear arms.  The appeals court affirmed lower court decisions upholding the constitutional right of Daniel Binderup and Julio Suarez to possess [...]