Category: Policy

NJ AG tells prosecutors collateral consequences may determine which marijuana violations to pursue

New Jersey Attorney General Gurbir Grewal recently issued new Guidance reminding municipal prosecutors that they cannot categorically refuse to prosecute marijuana cases while the Legislature is considering proposals relating to decriminalization.  That said, the guidance reminds prosecutors that they have considerable discretion when deciding which maijuana cases to pursue.  While this advice is fairly standard stuff, the second half of the guidance document is a fascinating glimpse into prosecutorial decision-making as it relates to collateral consequences.  It follows a growing scholarly and legal consensus calling for opening the “black box” that is the prosecutorial mindset. For too long, the thought-processes…

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Vermont AG supports opportunities for diversion and expungement

Vermont Business Magazine recently showcased the leadership shown by Vermont Attorney General TJ Donovan in criminal justice reform.  Most notably, he has streamlined the process for seeking expungement, and increased opportunities to avoid a record entirely through greater use of diversion for less serious offenses.  The importance of enabling people to avoid a criminal record altogether through these two mechanisms cannot be overstated.  Donovan also championed last year’s bail reforms that will ensure low-income individuals are not held in jail prior to trial simply because they are poor. The article is worth posting in full as an illustration of a new…

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Expungement in Indiana – A radical experiment and how it is working so far

Note: This is the first of what we anticipate will be a series of reports on some of the more progressive restoration schemes enacted in the past several years.   Marion County Deputy Prosecutor Andrew Fogle says the four years since Indiana enacted a broad “second chance” law have been like “the Wild West.”  Fogle, who oversees petitions for expungement for his office in Indiana’s most populous county, agreed to be interviewed about what may be the Nation’s most comprehensive and creative scheme to overcome the adverse effects of a criminal record.  We also spoke about the law to a number of…

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New 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…

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National law reform proposal on collateral consequences

A long-running national law reform project that is reaching its final stages includes a broad and progressive scheme for dealing with the collateral consequences of conviction.  The American Law Institute (ALI), the nation’s oldest and most respected law reform organization, will meet in Washington on May 22-24 to approve a revision of the sentencing articles of the Model Penal Code, the first such revision in 60 years. The revised MPC: Sentencing includes an ambitious and comprehensive scheme for managing and limiting collateral consequences.  [NOTE: The MPC: Sentencing draft was given final approval by the ALI Annual Meeting on May 24.]…

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