Guide to restoration of rights, pardon, sealing & expungement following a New York criminal conviction
Comprehensive 2014 compilation, report, and practice manual by The Bronx Defenders
A collection of resources focusing on criminal records, collateral consequences, and relief. A number of the resources are New York-specific.
New York State Bar Association, Special Committee on Collateral Consequences of Criminal Proceedings (2006).
Alec Ewald, Law & Soc. Inquiry, Winter 2016, at 5
Related blog posts:
- New York surprises with broad new sealing law (4/19/2017) - Late Sunday night, the New York Senate finally passed the beleaguered 2017-18 budget bill, which was signed by Governor Andrew Cuomo the following day. And while the passage of the bill was good news to New Yorkers eager to avoid a government shutdown, it should be even better news to a significant number of New Yorkers with criminal convictions. Tucked away inside [...]
- 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 [...]
- Federal judges challenge collateral consequences (11/29/2016) - Federal judges have begun speaking out about the burdens imposed by severe collateral consequences and the limited ability of courts to mitigate the resulting harm. This is particularly true in the Eastern District of New York, where some judges have openly lamented the lack of statutory federal expungement authority and have used their opinions and orders to call upon the legislature [...]
- 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 [...]
- SUNY bans the box on admissions application (9/15/2016) - On September 14, the Board of Trustees of the State University of New York (SUNY), the nation’s largest comprehensive university system, voted to ban the box in its admissions process. It is the first university system in the country to reverse its decision to engage in criminal history screening and remove the question from its admissions application. The resolution laying [...]
- New York City agency called on the carpet for employment discrimination (8/1/2016) - At least on paper, New York City has the strongest legal protections in the Nation for people with a criminal record, and for employers and others who are willing to give them a chance. The State’s vaunted certificates of relief remove mandatory legal disabilities and certify rehabilitation, and are available to any and all defendants. Governor Cuomo has shown his [...]
- New York certificates of relief fall short in practice (2/29/2016) - New York’s venerable certificate of relief scheme, which aims to mitigate the adverse collateral effects of criminal conviction, has served as a blueprint for certificate laws recently adopted in many other states. But are New York’s certificates actually effective at restoring rights and status? That is a question addressed in two new scholarly articles, both of which find that New York’s certificates are frequently [...]
- 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 [...]
- After prison, a lifetime of discrimination (9/30/2015) - The problem of mass incarceration was highlighted by the Pope’s visit last week to a Philadelphia jail, and by an HBO Special that aired earlier this week on the President’s visit last summer to a federal prison. But the public has not yet had an occasion to focus on the broader and deeper problem of mass conviction that has consigned [...]
- New York governor adopts progressive collateral consequences agenda (9/23/2015) - Governor Cuomo has accepted all 12 recommendations made by his Council on Community Re-entry and Reintegration. The Council was created in July 2014 and tasked with “identifying barriers formerly incarcerated people face and making recommendations for change.” Governor Cuomo’s 12 executive actions include: adoption of anti-discrimination guidance for public housing; adoption of uniform guidelines for evaluating candidates for occupational licensing, and a [...]