Collateral consequences and the curious case of Mark Wahlberg

Actor-producer Mark Wahlberg has filed an application for pardon with the Governor of Massachusetts, seeking forgiveness for a 25-year old assault conviction that occurred when he was 16 years old.   The “onetime ruffian from Dorchester”  bases his request for pardon on his rehabilitation and contributions to society since his conviction.  He also specifies his desire to avoid certain legal restrictions that he claims are impeding his business endeavors and civic activities. By his own account, Mr. Wahlberg was a troubled teen who had a history of scrapes with the law by the time of the 1988 assault. He states in his pardon application that, if he had not turned his life around with the help of “faith, hard work, and guidance from some incredible mentors,” he “would likely have ended up like so many of my childhood friends from Dorchester: dead or in prison for a prolonged period of time.”   He expresses remorse for his actions on the night of the assault, as well as “any lasting damage that I may have caused the victims.” He does not specify what that damage might have been, though news reports indicate that it was serious and possibly permanent. As to his reasons for seeking […]

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Relief from sex offender registration and notification requirements

Update (5/14/15): We have published a 50 state chart detailing relief from registration requirements on the Restoration of Rights page. The chart is based in part on Wayne Logan’s work. You can find the chart at this link.   Wayne Logan has summarized his research on relief from sex offender registration and community notification requirements for a forthcoming Wisconsin Law Review article in an excerpt from the second edition of Love, Roberts & Klingele, Collateral Consequences of Criminal Conviction: Law, Policy & Practice (West/NACDL, 2d ed. 2015)(forthcoming). This is the first of many tidbits from the book that will appear in this space from time to time: 2:42. Sex offense-related collateral consequences — Constitutional challenges to registration and community notification laws:  post-application challenges Given the extended potential duration of registration and community notification (RCN) application, ranging from ten years to life, the question naturally arises over whether relief from its requirements and burdens can be attained at some point. While the federal Adam Walsh Act allows states to provide relief to registrants with a “clean record” for ten years,[1] states typically afford only very limited opportunity to registrants to exit registries. South Carolina is most limited, offering no opportunity to petition for relief from […]

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“One Strike and You’re Out:” Center for American Progress reports on criminal records policy

Earlier this week, the Center for American Progress published a new report on the effect of the proliferation of criminal records in a nation of mass incarceration and criminalization. The report (“One Strike and You’re Out: How We Can Eliminate Barriers to Economic Security and Mobility for People with Criminal Records”) explores the debilitating effect that a criminal record – including records for relatively minor offenses and for arrests that did not result in a conviction – can have on an individual’s access to housing, public assistance, education, family stability, and, in turn, their prospects for economic stability. The report’s authors are Rebecca Vallas of the Center for American Progress’s Poverty and Prosperity Program, and Sharon Dietrich of Community Legal Services of Philadelphia (and of our own CCRC Board). The report makes the point that the proliferation of criminal records, and the ease with which they can be accessed, harms not only individuals but society as a whole. The collateral consequences of a criminal record result in employment losses of $65 billion a year in GDP according to one study cited. Another study estimates that the national poverty rate would have dropped by 20 percent between 1980 and 2004 if […]

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“Street Vendors, Taxicabs, and Exclusion Zones: The Impact of Collateral Consequences of Criminal Convictions at the Local Level”

Amy Meek just sent us her colorfully titled and important new article recently published in the Ohio State Law Journal, about the collateral consequences imposed by municipal and county ordinances.  As far as I know, this is the first serious effort to address consideration of conviction in connection with opportunities and benefits controlled at the local level.  As the abstract below suggests, many types of entrepreneurial opportunities likely to be attractive to people with a criminal record are subject to governmental regulation below the state level. Because these local ordinances and regulations are rarely included in collections of state collateral consequences, they are invisible to defendants and unavailable to their counsel and the court at the time of plea or sentencing.  Only in a few large municipalities, notably New York City, are criminal justice practitioners even aware of this locally created and administered system of restrictions and exclusions.  For example, with the exception of the District of Columbia, municipal and county rules and regulations are not included in the NIJ-funded National Inventory of the Collateral Consequences of Conviction (NICCC). The potential for interaction between state and local authorities is a particularly intriguing subject that Professor Meek explores in her recommendations for legislative […]

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The New Southern Strategy Coalition works on criminal records reform in the South

“I don’t know why everyone is talking about the New Jim Crow; in the South the old one never went away.” – 2013 New Southern Strategy Coalition conference participant Introduction The New Southern Strategy Coalition is a collaborative network of Southern advocacy groups and their national allies, originally convened in 2011 and dedicated to reducing the negative consequences of a criminal record in the South.  Because the South has always been seen as a region resistant to criminal justice reform, many national groups do not have a presence there, and state-based advocacy efforts are generally underfunded and understaffed. The voices of those most affected are missing from southern state capitols, and the region is often left out of the national dialogue altogether. NSSC addresses these challenges by providing opportunities for southern organizations to network and share information about regional best practices to minimize legal barriers to reentry. The premise is that state-specific reform efforts in the South will be supported and magnified by the Coalition’s collective goals operating across a unified landscape.  NSSC holds regional conferences to discuss effective reform strategies, provides training and materials, ensures that the voices of directly affected individuals are included in a meaningful way, and uses web-based and social media […]

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