« Reviewing how much and how little the FIRST STEP Act has achieved | Main | New report details racial disparities in every stage of the Massachusetts criminal justice system »

September 8, 2020

"The Many Roads to Reintegration: A 50-State Report on Laws Restoring Rights and Opportunities After Arrest or Conviction"

Many-Roads-Cover-1-768x994The title of this post is the title of this big new report by Margaret Love and David Schlussel of the Collateral Consequences Resource Center. The report, among other valuable elements, provides a "National Ranking of Restoration Laws" for all states and DC. Here is part of the 100+ page report's executive summary:

This report sets out to describe the present landscape of laws in the United States aimed at restoring rights and opportunities after an arrest or conviction. This is an update and refresh of our previous national survey, Forgiving and Forgetting in American Justice, last revised in 2018.  Much of the material in this report is drawn from our flagship resource, the Restoration of Rights Project.  We are heartened by the progress that has been made toward neutralizing the effect of a criminal record since the present reform era got underway in a serious fashion less than a decade ago, especially in the last two years.

This report considers remedies for three of the four main types of collateral consequences: loss of civil rights, dissemination of damaging record information, and loss of opportunities and benefits, notably in the workplace.

Its first chapter finds that the trend toward restoring the vote to those living in the community — a long-time goal of national reform organizations and advocates — has accelerated in recent years.  Further reforms may be inspired by the high-profile litigation over Florida’s “pay-to-vote” system, which shines a national spotlight on financial barriers to the franchise.  This chapter also finds that systems for restoring firearms rights are considerably more varied, with many states providing relief through the courts but others requiring a full pardon.

The second chapter deals with laws intended to revise or supplement criminal records, an issue that has attracted the most attention in legislatures but that has benefited the least from national guidance. It is divided into several parts, based on the type of record affected (conviction or nonconviction) and the type of relief offered (e.g. pardon, expungement, set-aside, certificates, diversion, etc.).  The wide variety in eligibility, process, and effect of these record relief laws speaks volumes about how far the Nation is from common ground.

The third chapter concerns the area in which perhaps the most dramatic progress has been made just since 2018: the regulation of how criminal record is considered by public employers and occupational licensing agencies.  Legislatures have been guided and encouraged by helpful model laws and policies proposed by two national organizations with differing regulatory philosophies: The Institute of Justice, a libertarian public interest law firm, and the National Employment Law Project, a workers’ rights research and advocacy group.  Regulation of private employment has also been influenced by national models, although to a lesser extent and more needs to be done in this area.

This report makes clear that substantial progress that has been made in the past several years toward devising and implementing an effective and functional system for restoring rights and status after arrest or conviction.  The greatest headway has been made in restoring rights of citizenship and broadening workplace opportunities controlled by the state. The area where there is least consensus, and that remains most challenging to reformers, is managing dissemination of damaging criminal record information.  Time will tell how the goal of a workable and effective relief system is achieved in our laboratories of democracy.

September 8, 2020 at 11:22 AM | Permalink

Comments

All I can say is the UNITED STATES OF AMERICA has made Justice profitable. Reform is not the goal anymore, it's all about the money & power.

Posted by: LC in Texas | Sep 9, 2020 12:09:56 PM

Post a comment

In the body of your email, please indicate if you are a professor, student, prosecutor, defense attorney, etc. so I can gain a sense of who is reading my blog. Thank you, DAB