Washington Lawyers Committee releases report on collateral consequences in D.C., Maryland and Virginia

On October 22 the Washington Lawyers Committee for Civil Rights and Urban Affairs released DC.IMG_0171 (2)a report focusing on the problem of collateral consequences in the DC tri-jurisdiction region.

The report, a follow-up to an earlier WLC report on racial disparity in arrests in the District of Columbia, documents the disproportionate impact of collateral consequences on minorities, which makes them “very clearly a civil rights problem.”  For example, “although African-Americans make up less than 48% of the city’s population, over 92% of those sentenced by the DC Superior Court in 2012 were African-Americans, whose overall rate of incarceration in DC is some 19 times the rate of whites.”  It reports that nearly half of those in DC who have been incarcerated may be jobless with little prospect of finding consistent work, and that “this inability to find work is a major contributing cause of recidivism.” It illustrates the problem of collateral consequences with case studies of five area residents adversely affected by their records in finding employment and housing.

Among the report’s recommendations are that all three jurisdictions should limit the discretion of licensing boards to deny licenses based on criminal records, enact or strengthen ban-the-box laws limiting employers’ use of criminal records, and limit access by most employers to official arrest and conviction records. Respecting the effect of D.C.’s recently enacted ban-the-box law, it reports that D.C.’s Office of Human Resources found that “76% of post-law applicants for municipal jobs who had a criminal record were in fact suitable for government employment, but would likely have been disqualified from consideration for employment if the D.C. law were not in place.”  In addition, all three area jurisdictions “should review and improve their existing mechanisms for seeking individualized relief from collateral consequences, through methods like expungement or sealing of records and restoration of rights.”

The WLC press release is here.  The report is here.

Margaret Love

Margaret Love is CCRC's Executive Director. A former U.S. Pardon Attorney, she represents applicants for executive clemency in her private practice in Washington, D.C.. She is lead co-author of Collateral Consequences of Criminal Conviction: Law, Policy, and Practice (4th ed. 2021), and served as an advisor to the ALI Model Penal Code: Sentencing.

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