Standards, policies and model laws

Model Penal Code: Sentencing, Article 6x.01 et seq. (“Collateral Consequences of Criminal Conviction”) (2017)  

Model legislation from the American Law Institute

Uniform Collateral Consequences of Conviction Act

Model legislation from the Uniform Law Commission

ABA Standards for Criminal Justice: Collateral Sanctions and Discretionary Disqualification of Convicted Persons

Standards for attorneys and the judiciary published by the American Bar Association

ABA Model Act Governing the Confidentiality and Expungement of Juvenile Delinquency Records (2015)

Model legislation from the American Bar Association

EEOC Enforcement Guidance

Consideration of Arrest and Conviction Records in Employment Decisions
Under Title VII of the Civil Rights Act of 1964

Application of Fair Housing Act Standards to the Use of Criminal Records by Providers of Housing and Real Estate-Related Transactions

2016 guidance from the U.S. Department of Housing and Urban Development

What Employment Background Screening Companies Need to Know About the Fair Credit Reporting Act

2016 guidance from the Federal Trade Commission

Beyond the Box: Increasing Access to Higher Education for Justice-Involved Individuals

2016 report and guidance from the U.S. Department of Education

 


Related blog posts:

  • National law reform proposal on collateral consequences (5/16/2017) - A long-running national law reform project that is reaching its final stages includes a broad and progressive scheme for dealing with the collateral consequences of conviction.  The American Law Institute (ALI), the nation’s oldest and most respected law reform organization, will meet in Washington on May 22-24 to approve a revision of the sentencing articles of the Model Penal Code, [...]
  • Montana just authorized expungement of adult convictions (5/1/2017) - For the first time in its history, Montana has enacted a law authorizing its courts to limit public access to adult conviction records. On April 13, Governor Steve Bullock signed into law House Bill 168, giving district courts the power to “expunge” the records of misdemeanor convictions after completion of sentence, effective October 1 of this year. This makes Montana [...]
  • Second chance employment bill approved in West Virginia (4/10/2017) - High drama on the final day of the West Virginia legislative session produced a last minute compromise between House and Senate over SB76, the WV Second Chance for Employment Act.  If the governor signs the bill into law, individuals convicted of non-violent felonies will be able to return to court after 10 years to have their convictions reduced to misdemeanors. [...]
  • Justice Department will enforce limits on landlord background checks (10/22/2016) - Earlier this year the U.S. Department of Housing and Urban Development (HUD) issued new guidance asserting that housing policies that exclude people with criminal records may violate the non-discrimination provisions of the federal Fair Housing Act (FHA) if they fail to consider the nature, severity, and recency of criminal conduct and if they are not narrowly tailored to protect residents or property.  The Justice Department has [...]
  • 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 [...]
  • Felony Disenfranchisement: Setting the Record Straighter (9/19/2016) - Recently, a woman standing outside of a Berkeley grocery store asked if I wanted to register to vote. I asked her, “Can I vote if I’m on probation?” She looked at me with horror, gripped her clipboard, and physically recoiled from me and the cantaloupe I was holding. Once she regained some composure, she sincerely, confidently, and erroneously informed me [...]
  • Judge Gleeson to speak about collateral consequences (8/26/2016) - Capitalizing on the growing interest in the employment discrimination faced by people with a criminal record, Cornell University’s ILR School will host a program next month featuring Judge John Gleeson on “The Role of Courts in Managing Collateral Consequences.”  Details of the program, which will take place in Manhattan on September 29, are here.  Last year, Judge Gleeson expunged the conviction [...]
  • “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 [...]
  • New era for expungement reform? Too soon to tell. (8/3/2016) - A new article in the Harvard Law & Policy Review evaluates some of the recent legislative efforts to deliver relief from the burden of collateral consequences through new or expanded expungement laws.  In “A New Era for Expungement Law Reform? Recent Developments at the State and Federal Levels,” Brian Murray argues that many of the newer record-closing laws are far too modest in [...]
  • Federal sentencing and collateral consequences II (8/1/2016) - This piece follows up on the CCRC practice resource titled “Federal sentencing and collateral consequences,” available here.   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 [...]
  • Do ban-the-box policies increase racial discrimination in hiring? (6/22/2016) - Update: The National Employment Law Project has responded to these studies with a critique that we cover here. Ban-the-box policies have become popular in recent years as a way of minimizing discrimination based on criminal history, and have been adopted by 24 states, the federal government, and a number private companies. But until recently there has been little hard data available about the [...]
  • Former Obama officials advocate against FBI checks by (some) employers (6/18/2016) - Last week we posted a letter sent by former Attorney General Eric Holder to the Chicago City Council on behalf of Uber and Lyft, urging that it not require Uber and Lyft to subject their drivers to FBI fingerprint-based background checks applicable to taxi operators.  His main argument was that FBI records are incomplete and misleading, and that they have [...]
  • Access to healthcare a lifesaver for halfway house residents (5/19/2016) - On April 29th the U.S. Department of Health and Human Services announced a shift in policy that will for the first time allow released prisoners residing in “halfway houses” to take advantage of the services made available through the Affordable Care Act’s Medicaid Expansion.  The change will provide much-needed medical and rehabilitative services to countless former inmates that would not [...]
  • 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 [...]
  • NYT says NO to “the other f-word,” and YES to Gov. McAuliffe (5/8/2016) - The New York Times has two great Sunday editorials on issues relating to collateral consequences.  One deals with the issue of labeling people with a criminal record, of special concern when headline writers seem unable to resist using what Bill Keller at the Marshall Project recently called “the other F-word.”  The editorial points out that ugly demeaning labels like “convict” and [...]
  • Justice Department (or part of it) will no longer use the “f-word” (5/4/2016) - The Washington Post has published an op ed by a top Justice Department official responsible for grants and contracts announcing that her agency* will no longer use labels like “felon” and “offender” to describe people who have a criminal record.  Assistant Attorney General Karol Mason, who heads the Office of Justice Programs, said that she had recently issued “an agency-wide [...]
  • 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 [...]
  • A wide-ranging look at sex offender registration in PA and beyond (4/25/2016) - The Cumberland County (Pennsylvania) Sentinel recently published a series of articles by Joshua Vaughn that examine the operation and effect of sex offender registration laws from a variety of perspectives. We summarize the articles with links to the Sentinel’s website. Finding statistics to fit a narrative Original article Vaughn traces the “frightening and high risk of recidivism” for untreated sex offenders that [...]