The Collateral Consequences Resource Center is seeking an enterprising and committed individual with strong technical skills to serve as its next Deputy Director. The incumbent will work with the Executive Director in all aspects of CCRC’s program, and will have primary responsibility for maintaining the Restoration of Rights Project (RRP), including its various derivative reports for which CCRC is best known. The RRP is a unique national inventory of laws and practices relating to criminal record relief and restoration of rights in each U.S. jurisdiction, which attracts thousands of visits to the CCRC website each day. Keeping the RRP current in real time requires strong research skills, patience and attention to detail in analyzing complex statutes, and a passion for issues relating to restoration of rights after arrest or conviction. In producing the annual reports on new legislation and issue-specific analyses of current trends, the Deputy Director will have an incomparable opportunity to guide the development of public policy in this important emerging area of the law. The incumbent will be responsible for developing other aspects of CCRC’s work, and will have opportunities to publish scholarly articles and participate in academic conferences. CCRC was established in 2014 to promote public…
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Oklahoma enacts automatic record clearing law
On May 2, 2022, Oklahoma Governor Stitt signed into law a comprehensive process making expungement automatic for all otherwise eligible misdemeanors and a range of non-conviction records. See HB 3316, enacting 22 Okla. Stat. Ann. § 18(C). Oklahoma thus becomes the tenth state to join the bipartisan trend toward broadening the availability of record clearing to people with convictions, without requiring them to file a petition and go to court for relief. In addition to these states, another 10 states now make expungement automatic for non-conviction records. The Oklahoman reported that the “clean slate” bill passed the House and Senate with strong bipartisan support, with a combined five votes against, and it was promptly signed into law by Oklahoma’s Republican governor. The bill’s primary sponsor Rep. Nicole Miller, R-Edmond, said that “There was certainly a general consensus that, you know, this this isn’t anything that’s partisan related; what it’s about is it’s about humans. So this is really a measure to help people.” Under Oklahoma law expunged records are sealed, but remain available to law enforcement and may be used in subsequent prosecutions. Any record that has been sealed may be ordered “obliterated or destroyed” after an additional 10 years. §…
Read moreExecutive Pardon: A National Survey
Last week we announced the forthcoming publication of a national report surveying various legal mechanisms for restoring rights and opportunities following arrest or conviction, a revision and updating of our 2020 report “The Many Roads to Reintegration.” The first post in the series (“Expungement, Sealing & Set-Aside of Convictions“), published on February 25, gives some additional background about the report. The second post in this “preview” series (“Fair Chance Employment & Occupational Licensure“) was published on February 26. Today’s post concerns the role that executive pardon plays in supplementing and in some cases providing the only record relief following conviction. We expect to publish the whole national report, plus our Reintegration Report Card for 2022, later this week. ******* Executive Pardon: A National Survey Pardon has been described as the patriarch of restoration mechanisms, whose roots in America are directly traceable to the power of the English crown. Just as a power to pardon was assigned to the president in Article II of the U.S. Constitution, the constitution of every state save two provides for an executive pardoning power.[1] Both in theory and practice, pardon is the ultimate expression of forgiveness and reconciliation from the sovereign that secured the conviction….
Read moreFair Chance Employment and Occupational Licensure: A National Survey
Yesterday we announced the forthcoming publication of a national report surveying various legal mechanisms for restoring rights and opportunities following arrest or conviction, a revision and updating of our 2020 report “The Many Roads to Reintegration.” The first post in the series (“Expungement, Sealing & Set-Aside of Convictions“) gives some additional background about the report. This second post in this “preview” series deals with how the law regulates consideration of criminal history in employment and occupational licensing. We expect to publish the whole report, plus our Reintegration Report Card for 2022, early next week. Fair Chance Employment & Occupational Licensing Introduction There is perhaps no more critical aspect of a reintegration agenda than removing the many unjustified and unjustifiable barriers faced by people with a criminal record in the workplace.[1] In an era of near-universal background checking and search engines, the “Mark of Cain” these individuals bear will sooner or later be known to potential employers and licensing boards even if criminal record information is not requested on an initial application. Some barriers take the form of laws formally disqualifying people with certain types of convictions from certain types of jobs or licenses. More frequently, barriers result from informal discrimination…
Read moreCCRC seeks intern to assist with Restoration of Rights Project
The CCRC is seeking an Intern to assist its legal staff in maintaining the Restoration of Rights Project. The RRP is a collection of laws and policies in each U.S. jurisdiction relating to restoration of rights and status following arrest or conviction. The RRP Intern’s primary duties would include tracking relevant legislative bills and collecting and summarizing new enactments, for analysis and entry into the RRP by CCRC legal staff. The RRP Intern may also have an opportunity to work on other issues, including keeping the practice resources on the CCRC website up to date and drafting short pieces for website publication. Duties and responsibilities will vary depending upon the interests and abilities of the incumbent. The responsibilities of the position are more fully described here. The RRP Intern position will be part-time, with hours and compensation negotiable. The Intern will work directly with the CCRC Executive Director, and it would be a suitable position either for a college student interested in the law or for a law student. Qualifications: • Interest in criminal law issues generally, with specific interest in policies related to the consequences of arrest or conviction. • Research and writing ability, with a premium on attention to…
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