Practice resources and manuals

Collateral Consequences of Criminal Conviction: Law, Policy and Practice

Comprehensive resource for practicing lawyers, judges and policymakers on the legal restrictions and penalties that result from a criminal conviction over and above the court-imposed sentence, by Margaret Colgate Love, Jenny Roberts and Wayne A. Logan

National Clean Slate Clearinghouse

Information on practice resources governing record clearance for adult criminal records and records of juvenile adjudications from the Council of State Governments Justice Center 

Federal Sentencing & Collateral Consequences

CCRC practice resource on federal judicial authority to factor collateral consequences into sentencing decisions (April, 2016)

Criminal Justice Resources (Legal Action Center)

A collection of resources focusing on criminal records, collateral consequences, and relief

Criminal Records Clearinghouse (National HIRE Network)

Information about governmental agencies and community-based organizations that assist people with criminal records, practitioners, researchers, and policy makers

Practice Advisory for Criminal Defenders, New Deferred Action Parental Accountability (DAPA) Program 

Strategies for criminal defense lawyers to preserve client eligibility for deferred action under Obama immigration initiative (Immigrant Legal Resource Center and National Lawyers Guild)

NELP Ban-the-Box Toolkit

Advocacy resources and related information about limiting consideration of criminal background in the hiring process

Collateral Consequences Resource List

2010 memorandum from the Sentencing Resource Counsel Project digesting cases about consideration of collateral consequences in federal sentencing decisions.

A Juvenile Defender’s Guide To Conquering Collateral Consequences

A practice checklist from the National Juvenile Defender Center


>> See also Compilations & inventories of collateral consequences << 


 

Related blog posts:

  • Upgrades to the Restoration of Rights Project (5/21/2020) - We are pleased to announce the completion of a major project to upgrade our flagship resource, the Restoration of Rights Project (RRP).  The RRP is a free on-line compendium of legal research that describes and analyzes the laws and practices relating to criminal record relief in the United States.  The improvements we have made will make it easier for our readers [...]
  • Prosecutors’ role in deciding how long people stay in prison (4/15/2020) - A timely new article from CCRC board member Nora V. Demleitner, law professor at Washington and Lee University, considers the central role of prosecutors in determining who goes to jail and prison and how long they stay there.  Demleitner reviews—as a “case study of prosecutorial authority”—prosecutors’ actions to reduce confined populations during the COVID-19 crisis.  While prosecutors’ key role in [...]
  • Report Card: Grading states on 2019 record reforms (2/25/2020) - The following is an excerpt from our recent annual report on legislative reforms, Pathways to Reintegration: Criminal Record Reforms in 2019. Report Card For the first time this year we have prepared a “Report Card” on how state legislatures performed in 2019 in advancing the goals of reintegration.  We have not covered all states, only those we thought most and [...]
  • CCRC reports on criminal record reforms in 2019 (2/17/2020) - We are pleased to publish our annual report on criminal record reforms enacted during the past calendar year.  This is the fourth in a series of reports since 2016 on new laws aimed at avoiding or mitigating the collateral consequences of arrest and conviction.  This year we have included for the first time a Report Card grading the progress of the most (and least) productive state legislatures in 2019.  The press [...]
  • Record-breaking number of new expungement laws enacted in 2019 (2/6/2020) - This is the third in a series of comments describing some of the 153 laws passed in 2019 restoring rights or delivering record relief.  The full report on 2019 laws is available here. Criminal record relief (expungement, sealing, set aside) As in past years, the reform measure most frequently enacted in 2019 was record relief, i.e. expungement, sealing, or other [...]
  • New 2019 laws reduce workplace barriers for people with a criminal record (2/4/2020) - This is the second in a series of comments describing some of the 153 laws passed in 2019 restoring rights or delivering record relief.  The full report on 2019 laws is available here. Consideration of criminal record in occupational licensing and employment In 2019, 26 states and the federal government enacted 42 separate laws limiting consideration of criminal record in [...]
  • Model law proposes automatic expungement of non-conviction records (12/11/2019) - An advisory group drawn from across the criminal justice system has completed work on a model law that recommends automatic expungement of most arrests and charges that do not result in conviction.  Margaret Love and David Schlussel of the Collateral Consequences Resource Center served as reporters for the model law.  It is available in PDF and HTML formats. “Many people may [...]
  • Legislative update: third quarter 2019 sees more new licensing and expungement laws (10/11/2019) - In July we reported on the extraordinary number of new laws enacted in the first half of 2019 aimed at restoring rights and status after arrest and conviction.  A total of 97 separate pieces of legislation, some covering multiple topics, were enacted by 38 states and many broke new ground in their jurisdictions.  Moreover, clear trends begun in 2018 accelerated in [...]
  • Two Southern states enact impressive occupational licensing reforms (9/18/2019) - The 2019 legislative session saw two Southern states enact impressive new laws limiting the ability of occupational licensing boards to exclude qualified applicants based on their criminal record.  North Carolina and Mississippi each passed strong new substantive and procedural licensing rules, and both of the new laws show the influence of the Model Law developed by the Institute for Justice.  [...]
  • Colorado limits immigration consequences of a criminal record (7/2/2019) - Colorado joins other states this session that passed legislation to avoid federal immigration consequences of state criminal matters.  The new Colorado laws—SB 30 and HB 1148—work at different stages of criminal proceedings to protect people from possible deportation: SB 30 remedies past wrongs by vacating unconstitutional guilty pleas, and SB 1148 will prevent future deportations resulting from potential one-year sentences. [...]
  • CCRC to hold roundtable on criminal records at U. Michigan Law School (6/28/2019) - We are pleased to announce that we are convening a roundtable meeting in August 2019, hosted by the University of Michigan Law School, to develop a model law on access to and use of criminal records, specifically in cases that do not result in a conviction. In March, we began a major study of the public availability and use of [...]
  • Survey of law enforcement access to sealed non-conviction records (6/26/2019) - As part of our non-conviction records project, we have researched what state laws provide on law enforcement agency access to and use of sealed or expunged non-conviction records for routine law enforcement purposes.  This issue is particularly salient in light of an ongoing lawsuit against the New York Police Department in which a New York state court found that the [...]
  • Should potentially severe collateral consequences trigger enhanced procedural protections? (5/24/2019) - In two recent law review articles, Professor Paul T. Crane of the University of Richmond School of Law proposes that courts and legislators—when deciding whether a criminal defendant is entitled to a particular procedural right—should take into account potential exposure to severe collateral consequences.  The two articles together mark a major contribution to the literature.  Much attention has focused on [...]
  • Updated report on 2018 fair chance and expungement reforms (3/28/2019) - On January 10, 2019, we released a report documenting the extraordinary number of laws passed in 2018 aimed at reducing barriers to successful reintegration for individuals with a criminal record.  Since that time, we discovered five additional laws enacted in 2018 (in AL, PA, OR, MO, and the U.S. Virgin Islands), and have updated our report accordingly. In 2018, 32 states, the [...]
  • Press release: New report on 2018 fair chance and expungement reforms (updated) (1/10/2019) - Washington, D.C. — The Collateral Consequences Resource Center (CCRC) has released a new report documenting the extraordinary number of laws passed in 2018 aimed at reducing barriers to successful reintegration for individuals with a criminal record.  In the past twelve months, 32 states, the District of Columbia, and the U.S. Virgin Islands have enacted 61 new laws aimed at avoiding or [...]
  • NJ AG tells prosecutors collateral consequences may determine which marijuana violations to pursue (9/14/2018) - New Jersey Attorney General Gurbir Grewal recently issued new Guidance reminding municipal prosecutors that they cannot categorically refuse to prosecute marijuana cases while the Legislature is considering proposals relating to decriminalization.  That said, the guidance reminds prosecutors that they have considerable discretion when deciding which maijuana cases to pursue.  While this advice is fairly standard stuff, the second half of [...]
  • “The Scale of Misdemeanor Justice” (3/27/2018) - There is a growing awareness that the consequences of a misdemeanor arrest or conviction have become exponentially more serious in recent years.  We also know that the misdemeanor system is enormous, and that its very size makes it particularly susceptible of abuse.  Yet we have very little reliable information about how many people in the United States have a misdemeanor [...]
  • Erasing the line between felony and misdemeanor (3/21/2018) - Two provocative new scholarly articles examine the extent to which the crisp line historically drawn in law between felonies and misdemeanors is becoming increasingly ephemeral.  In Informed Misdemeanor Sentencing, Jenny Roberts points out that conviction of a misdemeanor has become exponentially more serious in recent years as the associated collateral consequences have increased in number and severity.  She urges judges to [...]
  • Michigan set-asides found to increase wages and reduce recidivism (2/27/2018) - Preliminary results of an empirical study by two University of Michigan law professors show that setting aside an individual’s record of conviction is associated with “a significant increase in employment and average wages,” and with a low recidivism rate.  We know of only one other similar study, conducted by researchers at the University of California at Berkeley, and it came [...]
  • New report: Roundup of 2017 expungement and restoration laws (12/14/2017) - A new report from the Collateral Consequences Resource Center shows that states across the country are continuing to expand opportunities to avoid or mitigate the adverse effects of a criminal record.  If anything, the trend first documented last winter in Four Years of Second Chance Reforms, 2013 – 2016 has accelerated in 2017.  Second Chance Reforms in 2017 identifies 23 states, [...]