Author: CCRC Staff

Editorial staff of the Collateral Consequences Resource Center

Update on federal firearms restoration program

Last spring, the Department of Justice (DOJ) announced its intention to revive a long-dormant program to remove federal restrictions on firearm possession, including for those with a criminal record.  In July DOJ published for comment a proposed rule that would, when finalized, accomplish this for people who are determined to pose no public safety risk. See 18 U.S.C. § 925(c). See Trump’s Justice Department aims to restore gun rights for nonviolent offenders.

The comment period closed on October 20, and it is therefore possible that a final rule will be published at any time to launch the revived program. This will open the door, for the first time in more than 30 years, to many individuals who have been unable to regain their firearm rights because of their criminal record. It is anticipated that thousands of people will want to apply for this relief, which will be administered by the Justice Department’s Office of the Pardon Attorney.

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New information about revived federal firearm restoration process

On March 20 of this year, the Justice Department announced its intention to revive the long-dormant administrative process for restoring federal firearm rights lost because of a criminal conviction. It did not explain how it intended to do this.

We have now learned more about how the revived federal firearm restoration process will work.

The DOJ budget for FY 2026 published on June 13 confirms that, while a number of departmental components will be reduced or phased out entirely, the Office of the Pardon Attorney has an entirely new responsibility and additional funding for “leading the Department’s initiative on creating and establishing a process for restoring firearm rights to citizens.”

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“Positive Credentials That Limit Risk: A Report on Certificates of Relief”

We are pleased to present a new report dealing with “certificates of relief,” a form of relief from the collateral consequences of conviction that is less far-reaching than record clearing but potentially available to more people at an earlier point in time. These certificates, offered by a court or correctional agency, do not limit public access to a person’s record but are effective in reducing many record-related disadvantages in the workplace, including by providing employers and others with protection against the risk of being sued for negligence.

Positive Credentials That Limit Risk: A Report on Certificates of Relief makes the case that, at least as long as expungement and sealing remain unavailable to many people with a felony conviction record, or are available only after lengthy waiting periods, certificates of relief can provide an important addition to a state’s reentry scheme, and serve as a bridge to more thorough forms of record relief like expungement or pardon.

At the same time, in a promising development, certificates are beginning to be widely used by prison and parole agencies to encourage employment opportunities and otherwise facilitate reentry for those exiting prison or completing supervision.

Given the perceived limits of record clearing as a comprehensive reentry strategy, social science researchers have become interested in studying the effect of laws that aim to increase the positive information about individuals with a criminal record to counter the negative effect of the record itself. This report is intended to support these research efforts by describing the state of the law relating to certificates of relief in the 21 states that now offer them, and by suggesting directions of further research. A follow-up study will look at pardons.

We hope that this report will stimulate public interest in a type of relief that has been neglected in recent years as background screening has become widespread, and suggest ways to make it more widely appreciated and available. Our goal is to encourage a view of certificates and expungement as complementary parts of a single structured system of serially available criminal record relief.

As state certificate programs are referenced in the body of this report, readers may want to refer to the comparison charts and state-by-state summaries of the law included in the Appendices.  Certificates can be put into the broader context of a state’s other record relief mechanisms in the state profiles from CCRC’s Restoration of Rights Project.

 

First fair chance licensing reforms of 2024

Expanding employment opportunities in licensed occupations has been a priority for criminal record reformers in the past half dozen years. Happily, fair chance licensing reforms also appear less politically controversial than some others, with Midwestern states like Iowa and Indiana among the most progressive in the Nation in their treatment of justice-impacted license applicants and licensees.

In the first three months of 2024, two more Midwestern states (South Dakota and Nebraska) enacted comprehensive changes to their licensing laws, while a third state (Pennsylvania) was poised to close a major loophole in its licensing scheme. These reforms continue a nationwide trend that since 2017 has seen 43 states and the District of Columbia enact 79 separate laws* to limit state power to deny opportunity to qualified individuals based on their criminal history. Significant legislation is under serious consideration in half a dozen additional states, so we expect this year to produce another bumper crop of fair chance licensing laws.

The new laws are described briefly below, and additional details can be found in the relevant state profile from the Restoration of Rights Project. Read more

Making the research case for hiring people with a conviction record

To persuade employers and policymakers to make fact-based decisions on hiring people who have been involved with the criminal justice system, they need the research facts presented in an accessible way. A new, short, sharable publication from Dr. Shawn Bushway at RAND explodes many of the myths about people with a conviction record that keep them from getting hired. Using plain language for hiring managers, it lays out the deep body of research that can help them make better decisions.

The research brief “Resetting the Record: The Facts on Hiring People With Criminal Histories” is designed to help overcome fear-based skepticism about hiring people with records. It includes citations to the underlying research for advocates who want to learn more.