Category: Commentary

Michigan to be sixth state with automatic conviction relief

*Update (10/12/20): Gov. Whitmer signed the legislation into law. On September 23, the Michigan legislature approved a series of bills that would dramatically reform that state’s “set-aside” authority, colloquially known as “expungement.” The bills, which are headed to Gov. Gretchen Whitmer for signature, would significantly expand eligibility for expungement under the existing petition-based application system, and establish a new automatic mechanism to expunge certain convictions without a person having to ask for it. It is estimated that the bills will make hundreds of thousands of Michiganders eligible for expungement for the first time, and that relief will be delivered automatically…

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“The Many Roads to Reintegration”: A 50-state report on laws restoring rights and opportunities

We are pleased to release a new report describing the present landscape of laws in the United States aimed at restoring rights and opportunities after an arrest or conviction. This report, titled The Many Roads to Reintegration, is an update and refresh of our previous national survey, last revised in 2018. The report covers voting and firearms rights, an array of record relief remedies such as expungement and pardon, and consideration of criminal record in employment and occupational licensing. In each section of the report we assign a grade to each state for each type of relief. We collate these grades…

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Who Must Pay to Regain the Vote? A 50-State Survey

We are pleased to publish a new 50-state report on how unpaid court debt blocks restoration of voting rights lost as a result of conviction: Who Must Pay to Regain the Vote? A 50-State Survey This report examines the extent to which state reenfranchisement laws consider payment of legal financial obligations (LFOs), including fines, fees, and restitution, in determining whether and when to restore voting rights to people disenfranchised due to a felony conviction. This issue has come to the fore as a result of the high-stakes federal litigation in Florida over that state’s 2018 ballot initiative, which many expected…

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IRS blocks stimulus tax relief to people in prison; court orders relief

*Update (10/19/20): Per federal court orders, incarcerated individuals may now apply for stimulus payments.  The current deadline to apply is November 4, 2020.  More information is available at this link. In response to the public health and economic challenges of COVID-19, Congress in March 2020 enacted the CARES Act.  We have written at length about the Small Business Administration’s unfortunate and unauthorized disqualification of small business owners from Paycheck Protection and disaster relief because of their criminal record.  It turns out that the SBA is not the only federal agency discriminating against people with a record in carrying out the…

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CCRC in the Post: Protesting should not result in a lifelong record

CCRC’s Margaret Love and David Schlussel published an op-ed in the Washington Post on Monday: “Protesting should not result in a lifelong criminal record.”  The piece begins: Sparked by the killing of George Floyd on May 25, protesters across the country have been demonstrating against police violence and racism. As of June 4, the Associated Press tallied more than 10,000 arrests during and after protests, and the number has surely increased. Most of those arrested will almost certainly be released without charges or have their charges dropped. Others will face charges and may be convicted. Regardless of the outcome, the…

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