Category: Reports

Restoration of firearms rights: 50-state surveys

We have recently converted the 50-state surveys that are part of the Restoration of Rights Resource from PDF to HTML format.  Two of these surveys deal with loss and restoration of firearms privileges as a result of a criminal conviction:  Chart # 1 is titled “Loss and restoration of civil rights and firearms privileges,” and Chart # 2 is “State law relief from federal firearms disabilities.”   Chart # 1 is a straightforward description of the relevant provisions of each state’s laws, showing when firearms rights are lost based upon a felony conviction (or in some cases misdemeanor crimes of violence) and how firearms rights may be regained.  Chart # 1 also describes for each state when conviction results in loss of basic civil rights (voting, eligibility for public office and jury service), and how those rights are regained — a matter that is frequently relevant for avoiding the independent penalties under federal firearms dispossession laws. Chart # 2 attempts the more complex analysis of when criminal conviction results in exposure to federal prosecution as a “felon in possession” under 18 U.S.C. § 922(g). Regaining firearms rights under state law does not automatically result in avoiding the federal bar, which […]

Read more

“Future Interrupted”: The collateral damage of juvenile adjudications

1.5 million children are arrested each year. At some point in each of these children’s lives, the record of their arrest or court involvement will impose barriers to education and employment.  At least two-thirds of post-secondary institutions conduct background checks of prospective students. More than 90% of employers conduct background checks. And, many licensed occupations and professions require FBI background checks. Yet, the reality is, these background checks are often incomplete or inaccurate and they are always stigmatizing. The justice system has long recognized that children are different from adults, and historically the public had little or no access to the records of juvenile adjudications. That is no longer the case.  The effect of juvenile records now punish kids well into adulthood. Juvenile Law Center’s recent policy paper, Future Interrupted, urges that children must be free to grow up unfettered by their childhood mistakes—to have their court involvement remain in the past so they can move forward with their lives. This paper explores how various background check systems disseminate juvenile record information, using real-life stories from youth to illustrate the devastating effects of record retention and dissemination.

Read more

New York Bar adopts reentry recommendations

In 2012 newly elected President of the New York State Bar Association (NYSBA), Seymour James, Jr., drew upon his 38 years of experience at the Legal Aid Society of New York City to establish a Special Committee on Reentry and appointed committee members who would spend the next three years researching and studying issues relating to reentry and reintegration. The goal of this Special Committee was to develop a report and recommendations including a consideration of collateral consequences that can have an impact on reentry regarding education, housing employment, medical health, mental health and juveniles. The report identifies some of the best practices to ensure productive lives and minimize recidivism of formerly incarcerated adults and detained juveniles, and of adults and juveniles who can avoid convictions and delinquency findings through innovative diversion programs. On January 29, 2016 the NYSBA House of Delegates adopted the report and recommendations of the Special Committee.

Read more

How a parent’s criminal record limits children

“The barriers associated with having a criminal record do not just result in lifelong punishment for the parent with the record; they also can significantly limit a child’s life chances.” This is according to a new report by the Center for American Progress that examines the multi-generational effects of collateral consequences and the cycle of poverty and lost opportunity that those consequences perpetuate. A parent’s criminal record can affect everything from a child’s emotional and physical well-being to future economic and educational outcomes.  This is true even if the record was for a minor conviction that did not result in incarceration or, in some cases, an arrest that did not result in conviction at all.

Read more

White House criticizes occupational licensing restrictions

Occupational licensing requirements pose more of a barrier to employment than ever before, and perhaps no group of the population has been more affected by these barriers than people with criminal histories.  About 25% of the country’s workforce is now employed in a field that requires a state occupational license, and many of these licenses take criminal history into account for eligibility or retention purposes.  As a result, a record number of people with criminal records — many of whom have devoted their lives to a particular occupation or profession — are finding it difficult or impossible to earn a living in their chosen field. Now the White House is weighing in on the issue, saying that “Policymakers should refrain from categorically excluding individuals with criminal records, and instead should only exclude those individuals whose convictions are recent and relevant, and pose a legitimate threat to public safety.” The White House’s urging appears in a new report aimed at curtailing the “inconsistent, inefficient, and arbitrary” burdens that current occupational licensing systems can place on workers, employers, and consumers.”

Read more