Author: David Schlussel

David Schlussel is the Deputy Director of CCRC, joining CCRC as a fellow in 2018. Before that, he served as a law clerk for the Honorable David O. Carter on the U.S. District Court for the Central District of California. He is a 2017 graduate of Berkeley Law, with an undergraduate degree from Yale. In law school, David represented clients in juvenile delinquency, school discipline, and clean slate proceedings as a clinical student for the East Bay Community Law Center. He also interned at public defender offices, taught courses in Juvenile Hall, and wrote a law review note on marijuana legalization, race, and collateral consequences.

New 2019 laws on immigration consequences and driver’s license suspension

This is the fifth and final comment on new 2019 laws restoring rights or delivering record relief.  The laws included cover immigration consequences, driver’s licenses, pardon procedures, and several miscellaneous topics.  The full report on 2019 laws is available here. Immigration consequences In 2019, four states took steps enabling non-citizens charged with offenses to avoid deportation based on sentence or guilty plea.  Colorado, New York, and Utah capped prison sentences for misdemeanors at 364 days, to avoid mandatory deportation based on a one-year prison sentence, with the first two states giving the law retroactive effect.  New York also restricted the dissemination of certain criminal record information to federal immigration authorities.  Oregon revised its law on deferred judgments to prohibit guilty pleas that would trigger deportability.  Oregon also, along with Nevada, regulated the questioning of criminal defendants or detained individuals about their immigration status. Colorado passed three laws aimed at mitigating the immigration consequences of conviction.   The first two relate to mandatory deportation for state misdemeanors carrying a potential one-year sentence.  See 8 U.S.C. § 1227(a)(2).  To avoid this consequence, Colorado reduced the maximum jail sentence for various offenses from one year to 364 days. (HB 1148; HB 1263).  Colorado also […]

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New 2019 laws on diversion and other non-conviction dispositions

This comment on new laws authorizing non-conviction dispositions is the fourth in a series of comments describing some of the 153 laws passed in 2019 restoring rights or delivering record relief.  The full report on 2019 laws is available here. Diversionary and other non-conviction dispositions In 2019, 18 states enacted 26 laws creating, expanding, reorganizing, or otherwise supporting diversionary and deferred dispositions, to enable individuals charged with criminal offenses to avoid a conviction record.  The 2019 enactments on diversionary dispositions reflect the clear trend across the country toward increasing opportunities to steer certain categories of individuals out of the system, through informal diversions, specialized treatment or intervention courts, or completing a deferred adjudication and probation period.  Laws enacted in 2019 extended this favorable treatment to juveniles, military service personnel and veterans, persons with mental illness, drug and alcohol users, human trafficking victims, caregivers of children, and even certain persons charged with sex offenses. Of particular note, Colorado enacted a major revision of its juvenile records scheme, the second in three years, making almost all juvenile offenses eligible for diversion, and expungement automatic upon successful completion of diversion “without the need fora court order,” as long as the prosecutor or victim […]

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Record-breaking number of new expungement laws enacted in 2019

This is the third in a series of comments describing some of the 153 laws passed in 2019 restoring rights or delivering record relief.  The full report on 2019 laws is available here. Criminal record relief (expungement, sealing, set aside) As in past years, the reform measure most frequently enacted in 2019 was record relief, i.e. expungement, sealing, or other mechanism to limit access to criminal records or set aside convictions.  This past year, 31 states and D.C. enacted no fewer than 67 separate bills creating, expanding, or streamlining record relief.  This total does not include a dozen other new laws authorizing non-conviction dispositions that will be eligible for record-clearing under existing law.  A trend we observed in our 2018 report toward “a growing preference for more transparent restoration mechanisms” that limit use of a criminal record, as opposed to access, does not appear so obvious to us this year.  If anything, jurisdictions appear to be looking for new efficiencies in clearing records. In 2019, 27 states and D.C. made certain classes of convictions newly eligible for expungement, sealing, or vacatur relief.  Five of those states enacted their first general authority for expunging or sealing convictions (North Dakota, New Mexico, […]

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New 2019 laws reduce workplace barriers for people with a criminal record

This is the second in a series of comments describing some of the 153 laws passed in 2019 restoring rights or delivering record relief.  The full report on 2019 laws is available here. Consideration of criminal record in occupational licensing and employment In 2019, 26 states and the federal government enacted 42 separate laws limiting consideration of criminal record in either employment or occupational licensing, or both.  For the first time, Congress joined the lively national conversation about the need to reduce record-related barriers in the workplace that are inefficient and unfair. Regulation of licensing accounted for 30 of these new laws, continuing a trend begun in 2017 that has transformed the licensing policy landscape and opened opportunities in regulated professions for many thousands of people.  As explained in our report on 2018 laws, these licensing reforms are particularly important in supporting reintegration, since studies have shown that more than 25% of all jobs in the United States require a government-issued license. The new wave of licensing reforms resurrects a progressive approach to occupational opportunity that dates from the 1970s, and it has been strongly influenced by model legislation developed by the Institute of Justice (IJ), a libertarian public interest […]

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New 2019 laws restore voting rights in 11 states

This is the first in a series of comments describing some of the 153 laws passed in 2019 restoring rights or delivering record relief in various ways.  The full report on 2019 laws is available here. Restoration of Civil Rights Voting  In 2019, eleven states took steps to restore the right to vote and to expand awareness of voting eligibility.  Our experience is that many people convicted of a felony believe they are disqualified from voting when they are not:  almost every state restores voting rights automatically to most convicted individuals at some point, if they are even disenfranchised to begin with. The most significant new re-enfranchisement laws were enacted in Colorado, Nevada and New Jersey, where convicted individuals are now eligible to vote except when actually incarcerated.  Colorado restored the vote to persons on parole supervision, while Nevada revised its complex system for restoring civil rights so that all people with felony convictions may now vote except while in prison.  In one of the final legislative acts of 2019, New Jersey’s governor signed a law limiting disenfranchisement to a period of actual incarceration, even in cases where a court has ordered loss of the vote for election law violations, immediately […]

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