Author: CCRC Staff

Editorial staff of the Collateral Consequences Resource Center

Civil Rights Commission to hold public briefing on collateral consequences

The United States Commission on Civil Rights will hold a public briefing on collateral consequences on May 19 (“Collateral Consequences: The Crossroads of Punishment, Redemption and the Effects on Communities”).  The Commission is an independent, bipartisan agency charged with advising the President and Congress on civil rights matters and issuing an annual federal civil rights enforcement report. Previewing the Commission’s interest, Chair Catherine E. Lhamon said: Individuals who have paid their debt to society deserve the chance to rebuild their lives after incarceration. The Commission looks forward to receiving information about whether and how current barriers to employment, voting, housing, education, among other core areas of civic life, deprive these Americans of that second chance. In addition to being open to the public, proceedings will be live streamed at this link, beginning at 9:30 a.m.  Advocates and stakeholders drawn from a broad political spectrum will provide testimony on a variety of issues, including the impact of a criminal record on civic participation and barriers to self-sufficiency after a prison term.  CCRC Executive Director Margaret Love will describe the range of adverse consequences resulting from conviction, existing mechanisms to avoid or mitigate them, and recent trends in law reform.

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Strong momentum for fair-chance hiring and occupational licensing reform in 2017

The following piece by Beth Avery was originally published on the blog of the National Employment Law Project.   Building upon the successes of 2016, legislatures across the country are off to a strong start this year toward adopting laws that increase fairness in hiring and employment opportunities for the one-in-three U.S. adults with arrest or conviction records. This progress should come as no surprise—in recent years broad support has emerged from coast to coast for a number of reforms that address the criminal justice system and its disproportionate impact on people of color. Along with critical efforts to increase expungement and sealing, adopt bail and sentencing reforms, and expand voting rights for people with convictions, a powerful movement is also advancing two crucial policies that improve access to employment for people with records: “fair chance hiring” or “ban the box” laws and reforms to occupational licensing requirements.  

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Scholarship round-up III

A number of new and interesting articles on collateral consequences have come to our attention since we published our first big scholarship round-up only weeks ago. We provide information, links, and abstracts on these pieces below. A more complete collection of scholarship on issues relating to collateral consequences can be found on our “Books & Articles” page. “Can We Forgive Those Who Batter? Proposing an End to the Collateral Consequences of Civil Domestic Violence Cases” Joann Sahl, University of Akron School of Law 100 Marquette Law Review 527 (2017) Each year courts issue more than 1 million civil domestic violence protection orders (CPOs). Although most of these orders will expire in one or two years, their impact often remains for much longer periods. The expired CPOs continue to carry stigma and significant prejudicial consequences for someone once labelled as a batterer. This Article explores how collateral consequences, generally recognized only in criminal cases, now afflict those involved in civil domestic violence cases. It examines the civil domestic violence process and discusses why the process and its resulting orders create collateral consequences. The Article also identifies those collateral consequences unique to CPO cases and reveals why these consequences continue to impact […]

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Montana just authorized expungement of adult convictions

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 the 30th state since 2012 to enact some form of record-closing law, or to expand an existing one. The possibility of full destruction of the record for all misdemeanor convictions makes Montana’s one of the more ambitious collateral consequences reform measures of the past several years.

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New York surprises with broad new sealing law

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 the massive bill is an unheralded provision creating the state’s first general sealing authority for adult criminal convictions. Previously, record sealing was available only for non-conviction records and diversion and drug treatment dispositions. Now sealing will be available for misdemeanors and all but the most serious felony offenses. The new law, which takes effect in October, gives New York one of the most expansive record-closing authorities in the Nation, rivaling such traditional sealing centers as Massachusetts, Washington, and Minnesota.

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