Practice resources and manuals

Federal Sentences & 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.

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


Related blog posts:

  • Restrictions on access to criminal records: A national survey (3/9/2017) - We have recently revised and brought up to date the 50-state chart comparing laws on judicial sealing and expungement.  This chart provides an overview of the national landscape of laws authorizing courts to restrict public access to criminal records.  The chart summaries are illustrated by color-coded maps, and explained in greater detail in the state “profiles” of relief mechanisms that [...]
  • New research report: Four Years of Second Chance Reforms, 2013-2016 (2/8/2017) - Introduction Since 2013, almost every state has taken at least some steps to chip away at the negative effects of a criminal record on an individual’s ability to earn a living, access housing, education and public benefits, and otherwise fully participate in civil society.  It has not been an easy task, in part because of the volume and complexity of [...]
  • Housing restrictions across the country (12/14/2016) - The revolving door between prison and homelessness is an unfortunate and well-documented feature of our criminal justice system. But it is not just those returning from prison who are at risk. Even a conviction for a relatively minor offense – and, in some instances, simply being charged with one – can result in a lifetime of housing insecurity, both for individuals [...]
  • 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 [...]
  • “Racial profiling in hiring: A critique of new ban-the-box studies” (8/17/2016) - In June we covered two recent studies that concluded ban-the-box policies tend to decrease minority hiring because some employers use race as a proxy for criminal history.  In other words, in the absence of information about applicants’ criminal history, some employers assume that minority applicants have a record and exclude them on this assumption.  The result is that ban-the-box policies increase opportunities for whites [...]
  • New reports document federal progress on collateral consequences (8/16/2016) - The Presidential Memorandum that formally established the Reentry Council in April 2016 mandated a report documenting the Council’s accomplishments to date and plans moving forward.  The resulting report, The Federal Interagency Reentry Council: A Record of Progress and a Roadmap for the Future, was issued today. Also today the White House issued a fact sheet with new commitments to the [...]
  • Federal sentencing and collateral consequences II (8/1/2016) - Should federal courts be required to take collateral consequences into account when they impose a sentence – or should they at least be permitted to consider them?  Should courts also be authorized to provide federal defendants some relief from collateral consequences after their sentences have been served?   Some courts are already doing this without specific authorization, as was pointed [...]
  • How prosecutors use collateral consequences (7/18/2016) - A new article published in the Georgetown Law Journal argues that collateral consequences are becoming a valuable tool for prosecutors in the plea bargaining process, enabling them to leverage their existing power to control the outcome of criminal cases.  In Prosecuting Collateral Consequences, Eisha Jain of the University of North Carolina law faculty attributes this trend to a new awareness of collateral consequences [...]
  • Feds nudge colleges to go “beyond the box” (5/12/2016) - The Department of Education (DOE) is asking colleges and universities to reconsider the use of criminal record inquiries on admissions applications in a new report released on Monday. The report, Beyond the Box: Increasing Access to Higher Education for Justice-Involved Individuals, looks at how broad inquiries into applicants’ criminal histories may deter people with criminal records from applying for post-secondary educational opportunities.  It [...]
  • State licensing laws unfairly restrict opportunities for people with criminal records (4/28/2016) - States are falling short when it comes to making occupational licensing opportunities available to people with criminal records. This is according to a report released this week by the National Employment Law Project (NELP).  Unlicensed & Untapped: Removing Barriers to State Occupational Licenses for People with Criminal Records examines the licensing laws of 40 states, and grades each state based on a number [...]
  • Federal sentences and collateral consequences (4/15/2016) - 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 proposals of national law reform organizations.  At the same time, courts must guard against the risk of socioeconomic bias favoring [...]
  • “Get to Work or Go to Jail” (4/6/2016) - A new report from the UCLA Labor Center with the snappy title of  “Get To Work or Go To Jail” describes how the criminal justice system may compromise employment opportunities in more ways than one, placing workers on community supervision or in debt at the mercy of employers.  Noah Zatz of the UCLA Law faculty, one of the report’s co-authors, [...]
  • Restoration of firearms rights: 50-state surveys (3/14/2016) - We have recently converted the 50-state surveys that are part of the Restoration of Rights Resource from PDF to HTML format.  Two of these surveys deal with loss and restoration of firearms privileges as a result of a criminal conviction:  Chart # 1 is titled “Loss and restoration of civil rights and firearms privileges,” and Chart # 2 is “State [...]
  • “Future Interrupted”: The collateral damage of juvenile adjudications (3/4/2016) - 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 [...]
  • Wisconsin court rules for non-citizen years after her plea (3/3/2016) - In an unusual case involving judicial failure to warn about the immigration consequences of a guilty plea, the Wisconsin Supreme Court has held that the likelihood of inadmissibility (as opposed to deportation) was sufficient to set aside three guilty pleas entered more than a decade before. State v. Valadez, 216 WI 4 (Jan. 28, 2016).  The decision suggests that it [...]
  • New York Bar adopts reentry recommendations (2/12/2016) - 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 [...]
  • How a parent’s criminal record limits children (1/6/2016) - “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 [...]
  • White House criticizes occupational licensing restrictions (9/15/2015) - 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 [...]
  • Federal judge’s extraordinary expungement order will be appealed (6/22/2015) - Joe Palazzolo over at the Wall Street Journal blog reports that the Justice Department will appeal Judge John Gleeson’s extraordinary May 28 expungement order in U.S. v. Doe, described on this site earlier this month.  We reprint Joe’s piece in full below, since it highlights the disconnect between the Justice Department’s avowed concern with reentry and its evident lack of [...]
  • Should guilty corporations avoid collateral consequences? (6/8/2015) - In the June 2 issue of the New York Law Journal, Robert J. Anello and Richard F. Albert argue that “criminal law concepts designed to punish human beings—bad boys and girls—are ill-suited to corporate beings.”  They point out that corporations convicted of crime are rarely required to live with the kind of collateral consequences that result in loss of livelihood and social stigma for [...]