The CCRC has filed an amicus brief in the Illinois Supreme Court in support of the appellant in People v. Bingham, a case challenging the constitutionality of a state law requiring registration as a “sexual predator” based on the commission of a non-sexual offense. The relevant facts of the case are as follows. Jerome Bingham was convicted of attempted sexual assault in 1983 and served several years in prison on that charge. At the time, Illinois did not have a sex offender registration requirement. Thereafter, Bingham was convicted of a number of petty drug and theft offenses. In 2012, Illinois enacted…
Read moreCCRC publishes California Compilation of Collateral Consequences
The CCRC is pleased to announce the publication of the California Compilation of Collateral Consequences (CCCC), a searchable online database of the restrictions and disqualifications imposed by California statutes and regulations because of an individual’s criminal record. Federal collateral consequences can also be searched through the CCCC database. This new resource follows on the heels of similar compilations of collateral consequences that CCRC has developed of federal laws and rules, and of two other state systems (Wisconsin and Vermont). The database builds on research originally published in 2014 by the American Bar Association, brought up to date and restructured to permit more precise searches…
Read moreCalifornia enacts sweeping fair employment law
On October 14, California Governor Jerry Brown signed into law AB 1008, the California Fair Chance Act, a bill we covered upon its passage in the legislature last month. The Act extends a new “ban-the-box” requirement to private as well as public employers, and makes failure to comply an “unlawful employment practice” subject to enforcement under the state’s Fair Employment and Housing Act (FEHA). The new law also broadens FEHA enforcement to cover an employer’s consideration of certain criminal records in the hiring process. When the new law takes effect on January 1, 2018, California will become only the fourth…
Read moreNew report: 50-state guide to expungement and restoration of rights
CCRC is pleased to announce the publication of its 50-state guide to expungement and restoration of rights: “Forgiving and Forgetting in American Justice.” This report catalogues and analyzes the various provisions for relief from the collateral consequences of conviction that are now operating in each state, including judicial record-sealing and certificates of relief, executive pardon, and administrative. Its goal is to facilitate a national conversation about how those who have a criminal record may best regain their legal rights and social status. Given the millions of Americans who have a criminal record, and the proliferation of laws and policies excluding them…
Read moreClean Slate Clearinghouse goes live
Earlier today the Council of State Governments (CSG) launched the Clean Slate Clearinghouse, an impressive online resource that provides information on the availability of expungement and sealing in all 50 states and helps individuals with criminal records connect with pro bono legal service providers. The project, which is jointly funded by the U.S. Departments of Justice and Labor, is the result of over a year’s work by CSG and its partner organizations. The resource is focused squarely on record closure mechanisms and does not cover restoration authorities that leave the record intact, such as executive pardon, judicial certificates of…
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