Ccrc update restore resource

The governor decides after mandatory though non-binding consultation with parole board. The governor is required to report annually to legislature a list of pardons with reasons. There are no statutory eligibility criteria, but the process before the board is set forth in detail.

The board will not process a pardon application where expungement is an available remedy. Pardon restores person to same position as if the offense had never been committed but it is not clear whether it is a basis for sealing. Post-sentence pardons have been infrequent in recent years despite hundreds of applications received every year. In counting convictions most crimes in the same hour period arising from the same transaction are counted as a single offense. Waiting periods ranging from 3 to 7 years apply.

Charges dismissed pursuant to first offender drug deferred adjudication scheme count as misdemeanors for purposes of applying for set-aside. Felonies subject to a life sentence are ineligible, as are traffic and sex offenses. Victims of human trafficking may have prostitution and related convictions set-aside and sealed.

Prior to April , only one felony conviction was eligible for set-aside upon petition to the convicting court after a five-year waiting period, as long as the person had no more than two misdemeanor convictions. People with no more than two misdemeanor convictions and no felony conviction may petition for set-aside of one or both misdemeanors, also after a five-year waiting period. Set-aside and sealing will become automatic in for an unlimited number of minor misdemeanors seven years after imposition of sentence; and, up to four more serious misdemeanors and up to two felonies eligible for relief under the expanded petition-based standards see above would be automatically expunged 7 or 10 years after imposition of sentence or release from imprisonment, respectively, provided that the conditions in the petition-based standards are met.

Juveniles may petition the court to set aside up to four adjudications one of which may be a felony one year after the last adjudication or release from detention, or upon reaching age 18, whichever is later. Procedures are almost identical to those that apply to adult set-asides.

Set-aside and sealing will become automatic in By executive order, executive branch agencies may not ask about criminal history in job postings, but there are no substantive standards that apply to hiring decisions. The only restriction on inquiries by other employers is that they may not ask about misdemeanor arrests that did not result in conviction on an employment application. Michigan does not currently have any of the restrictions on record-related employment adopted in recent years by other jurisdictions.

Judicial review is available. A person convicted of a felony loses the rights to vote, hold office, and serve on a jury. A person convicted of a specified crime loses the right to possess a firearm, and may regain this right by petitioning the court so long as they are not in prison. Otherwise restoration is by pardon. The governor and high officials attorney general, chief justice act as pardon board, whose powers and duties are defined and regulated by law.

The Board is required to report to the legislature annually. The commissioner of corrections serves as secretary of the board and screens applications. Only those deemed eligible are permitted to file an application, and waivers of the eligibility waiting period are rarely granted.

Process includes public hearing with notice to officials and victims, with a decision announced at end of hearing. Courts may expunge or seal, a term used interchangeably misdemeanors and a list of about 50 non-violent felonies, after waiting periods ranging from 2 to 5 years after completion of sentence. A formal petition need not be filed if the prosecutor does not object. In all cases the court must balance the interests of the public and public safety against the disadvantages to the subject.

For convictions not on the statutory list, the courts may entertain petitions pursuant to their common law authority, but the statutory procedures and standards apply. Less serious felony convictions may be reduced to misdemeanors, and deferred adjudication is available for first drug offenses.

Pardoned convictions cannot be expunged or sealed, but pardoning has the effect of setting-aside the conviction and allows the person to deny the conviction. Expunged records may not be considered in connection with public employment or licensing decisions, and if a business screening service knows that a criminal record has been expunged, or is the subject of a pardon, it must promptly delete the record. Non-conviction records may be expunged upon request at disposition.

Where no charges are filed, arrest records must be destroyed if a person was not convicted of a felony or gross misdemeanor in the prior ten years. Records of juvenile adjudications may be expunged by the court at any time, applying the same balancing test that applies to adult expungements. Juvenile records are generally available only until their subject reaches the age of Public employers and licensing boards are prohibited from considering non-conviction records, convictions that have been expunged, or misdemeanors that do not carry a prison term.

They must give written reasons for a denial, and inform the applicant of applicable grievance procedures, the earliest date the person may reapply, and that evidence of rehabilitation will be considered.

A person convicted of a specified felony including murder, rape, theft, and certain other crimes in a Mississippi state court loses the right to vote. This right can only be restored by the governor through a pardon or statutory restoration of rights process, or by a two-thirds vote of the state legislature. A person convicted of certain crimes loses the right to hold public office, which can only be restored by a pardon.

A person convicted of a crime punishable by imprisonment loses jury eligibility for five years after the conviction, as long as the person is qualified to vote. A person convicted of a felony loses the right to possess a firearm, which may be restored by a judicial certificate of rehabilitation or a pardon. The governor decides and is authorized but not required to consult the parole board for non-binding advice.

By informal policy eligibility begins seven years after completion of sentence. The constitution requires all applicants for pardon to post notice in a newspaper in the county of conviction 30 days prior to making application to governor, setting forth the reasons why clemency should be granted.

The parole board investigates and holds hearing on facially meritorious cases. Pardon restores civil rights and removes employment disabilities, but it does not result in expungement. After a 5-year waiting period, a single felony conviction defined to include multiple convictions arising from the same operative facts may be expunged, but 10 listed serious felonies are ineligible.

Expungement is also available through the state intervention court system substance abuse, mental health, veterans. Victims of human trafficking may petition the court to vacate their convictions, making the record eligible for expungement. There is no statutory authority to seal or expunge pardoned convictions. Non-conviction records are eligible for immediate expungement upon petition, including uncharged arrests, charges dropped, charges dismissed after deferred adjudication, and acquittals.

A person whose conviction was expunged need not report it, but an employer is not prohibited from asking the person about it. Juvenile records are generally confidential; they may be sealed when the person reaches the age of 20 or if the case was dismissed or set-aside. The judge also has authority to order destruction of juvenile records. Mississippi has no general law regulating consideration of criminal record in employment, and it has none of the limits on application-stage inquiries for public employers that exist in numerous states.

Pardons remove employment disabilities, and individuals with expunged criminal convictions need not disclose them if asked in connection with an employment application. Except for persons convicted of crimes related to voting, the rights to vote and to hold office are restored upon discharge from sentence. Failure to pay restitution may result in delay in discharge and therefore delay in reenfranchisement.

Eligibility to serve on a jury can only be restored by a pardon. This right may be restored by expungement or a pardon. Eligibility begins three years after discharge, and there is no provision for a hearing. Pardon relieves all legal disabilities, and a pardoned conviction may not be used to enhance the penalty in a subsequent case, but it does not expunge.

Pardons have been infrequent in recent years, but in response to a dramatic increase in applications and calls in the press for the governor to deal with a large backlog, the current governor Mike Parson has begun granting pardons on a regular basis.

Only one felony and two misdemeanors may be expunged in a lifetime but all counts in a single indictment may be counted as a single offense. There is a waiting period of three years after completion of sentence for felonies and one year for misdemeanors, during which there may be no new convictions, and fines and restitution must be paid. The court notifies the prosecutor, who in turn is responsible for notifying any victim. A hearing may be dispensed with if the parties agree, but the court in each case must find that the petitioner is not a threat to public safety and that expungement is in the public interest.

In addition, prostitution pleas and convictions may be expunged if the person was a minor acting under coercion. Expunged records are generally not available to the public, but remain available to criminal justice agencies, licensing agencies, and employers that are required to exclude convicted individuals.

Juvenile records are generally unavailable to the public, and juveniles may petition the court to destroy their records once they reach the age of In addition, an executive order prohibits executive branch employers from asking individuals about their criminal history on an initial job application.

There is no law that restricts how private employers may consider criminal records. Certain serious crimes are per se directly related, but otherwise this is determined by a multi-factor test. Applicants may apply for a preliminary determination that is binding on the agency.

If a person is denied a license they have a right to a hearing and written findings addressing each factor on which the agency relied, sufficient for a reviewing court, and the agency has the burden of proof.

Teachers, health professionals, certain real estate professionals, and a few others are exempted. A person convicted of a felony loses the right to vote only while incarcerated. The rights to hold public office and sit on a jury are also lost upon conviction of a felony and are restored upon completion of sentence.

Firearms rights are lost only if conviction involves a dangerous weapon; may be regained by petitioning a court. The pardon power is vested in the governor, but the legislature may control the process. While the governor is still required by statute to premise action on a board recommendation, after a hearing, that recommendation is no longer binding. There are no formal eligibility criteria.

A pardon removes legal consequences of conviction and is grounds for expungement. Pardons are infrequently recommended by the board and even less frequently granted by the governor. There is no statutory authority to seal or expunge adult felony convictions. Misdemeanors from different counties may be expunged in a single proceeding. Effective Jan. Deferred sentencing is available for misdemeanors and first felony offenses, after which charges are dismissed and access to records is limited.

Non-conviction arrest records must be returned to defendant or destroyed. Montana has no law regulating consideration of criminal record in public or private employment, including the limits on application-stage inquiry by public employers that most other states have adopted. An executive pardon removes all legal consequences of a conviction. A person convicted of a felony loses the right to vote, hold public office, and serve on a jury. The right to vote is restored automatically two years after completion of sentence, including any period of parole.

The rights to hold office and serve on a jury may only be restored by the Board of Pardons. This right too may only be restored by the Board of Pardons. The governor and high officials secretary of state and attorney general act as a pardon board, which receives nonbinding advice from the parole board. Eligibility begins 10 years following completion of sentence for felonies and three years for misdemeanors.

Until , public hearings were held at regular intervals, and grants issued, a schedule that the board intends to resume in Reasons for approval or denial generally not given. A pardon restores civil rights, the right to hold certain occupational and professional licenses, and firearms rights if expressly granted.

As of , pardoned convictions may be sealed. It is expected that this practice will resume in There is no statutory authority to seal or expunge adult convictions. For non-convictions, upon acquittal or entry of an order dismissing a case, including for successful drug court program completion, information pertaining to the case is sealed and not disseminated to persons other than criminal justice agencies. Arrests where charges were not filed because of diversion are sealed after two years, and records of uncharged arrests are sealed after one year.

Most juvenile records are automatically sealed upon disposition. Employers and licensing agencies may not ask job applicants about sealed juvenile or non-conviction records. Individuals may seek a preliminary determination from a licensing agency as to whether their conviction would disqualify them from obtaining a license, and the board must respond in writing with reasons, and the individual may appeal. Licensing board policies and performance are subject to annual legislative review.

The rights to hold public office and serve on a jury are also lost upon conviction. Eligibility for civil juries is restored upon completion of sentence, and eligibility for criminal juries is restored six years after completion of sentence. Eligibility to hold public office is restored four years after completion of sentence. The governor and high officials justices of supreme court and attorney general act as a pardon board, and all pardons must be reported regularly to the legislature.

Changes to several constitutionally required aspects of board operations, including that the governor approve all grants, have been approved twice by the legislature and will be considered by voters in Pardon removes all disabilities, including firearms and licensing bars, but does not seal record and may serve as predicate.

Process takes about two years. Pardoning is frequent and regular: about 30 grants made each year since , a substantial percentage of those that apply. All convictions except for crimes against a child, sex offenses, and certain DUIs, are eligible for sealing after a waiting period ranging from one to 10 years after discharge or release from prison if no convictions during waiting period or pending charges.

There is an explicit presumption in favor of sealing except for those dishonorably discharged from probation or parole, whose sealing is discretionary. Sealed convictions may be denied and have no predicate effect. Non-conviction records are presumptively eligible for sealing after the charges are dismissed, declined for prosecution after the limitations period has run or 10 years , or a person is acquitted.

Victims of human trafficking may petition to have any non-violent conviction vacated and the record sealed. Sealing is also available for conduct that was subsequently decriminalized.

There appears to be no authority to seal pardoned convictions. Most juvenile records are automatically sealed when the person turns 21, except that earlier sealing is available by petition after a three-year waiting period, and certain violent and sexual offenses are not eligible for sealing until the person turns Thereafter, they may not deny employment until they have considered whether the offense is directly related to the position sought using a multi-part test.

Public employers must provide rejected applicants a written notice specifying the reasons, and an opportunity to discuss. They may not consider non-conviction records, convictions that were dismissed or sealed, or misdemeanors that did not carry a prison sentence. There are no restrictions applicable to private employers.

Agencies must afford potential applicants an opportunity for a preliminary determination as to whether a conviction would be disqualifying.

They may but are not required as are agencies in other states to publish a list of disqualifying convictions. Each agency is required to submit quarterly reports to the legislature on the number of applications received, determinations of disqualification, and the reasons for each. A person convicted of a felony loses the right to vote and hold public office, but only while incarcerated. The right to serve on a jury is also lost upon conviction and restored if the sentencing court annuls the conviction.

For nonviolent offenses, this right may be restored by an annulment or by a pardon. For violent offenses, it may be restored only by pardon rarely granted. The governor may not act without the affirmative recommendation of the executive council. Pardon eliminates all consequences of conviction but does not expunge the record.

Pardons are rare: while the governor receives several dozen applications each year, only three pardons have been granted since Victims of human trafficking may have prostitution convictions vacated and annulled, and convictions for marijuana possession may also be annulled.

There currently exists no statutory authority for deferred adjudication except in drug court. Records in the repository that have been annulled or that did not result in conviction are confidential, and not available to background screeners. Employers and licensing agencies may not ask job seekers and license applicants whether their criminal history includes an annulled offense.

Beyond this, there are no limits on application-stage inquiries, or other restrictions on how public or private employers may consider criminal records. Licensing boards may reject an application due to a criminal conviction only if 1 it was for a felony or violent misdemeanor and 2 there is public safety risk.

Licensing agencies may provide preliminary determination about whether a conviction would be disqualifying, and they must provide a written reason for a denial decision and an opportunity to appeal. A person convicted of an indictable offense also loses the right to sit on a jury, which may only be restored by the governor, through a pardon or restoration of rights. A person holding public office or employment who is convicted of a serious crime or one involving dishonesty forfeits the office or employment.

The permanent bar may be relieved by a gubernatorial pardon or restoration of rights, or by a judicial certificate. A person convicted of specified violent crimes loses the right to possess a firearm. These rights may be restored by the governor through pardon or restoration of rights, but not through a judicial certificate. The governor must report pardons, with reasons, to legislature. No published eligibility criteria, and the process is not formalized in statute.

Pardon restores rights and a court may expunge pardoned convictions. Pardons are infrequent and the process irregular: recent governors have granted relatively few pardons, and generally only at end of their terms. The waiting period may be reduced to three years if the person is seeking expungement only for disorderly offenses. Exceptions to the cap may apply for convictions that are closely related, entered on the same day, or part of the same judgement.

Most serious and violent offenses, offenses by public officials, and serious drug offenses are ineligible for expungement. Various officials must be served, but a hearing may be waived if there is no objection. An e-filing system was authorized in and is scheduled to launch in mid Pending development of an automated delivery system, individuals may apply to the court and relief is mandatory upon a determination of eligibility.

Arrest and other non-conviction records are expunged automatically at time of disposition the requirement of a petition having been repealed in Juvenile records may be expunged after a three-year waiting period with no subsequent adjudications or convictions.

Public and private employers with more than 15 employees must delay inquiry into criminal history until after the first interview. A certificate of rehabilitation issued by a sentencing court or supervisory agency lifts bars to employment, except as provided in the Forfeiture Act, but conduct may still be considered. Licensing authorities may not deny a license or otherwise discriminate based on conviction unless it relates adversely to the occupation, defined by a multi-factor test.

Pardon, expungement, or certificate of rehabilitation preclude a licensing authority from disqualifying an applicant. Under a law enacted in June , housing providers will be prohibited from consideration of any criminal record at the initial rental application stage, allowed to consider only certain records after a conditional offer is made, and required to follow substantive and procedural standards for withdrawal of a conditional offer.

The rights to vote and serve on a jury are restored automatically upon completion of sentence, including payment of fines and restitution. The right to hold office may only be restored by a pardon, or gubernatorial restoration of rights following completion of sentence.

A person convicted of a felony loses the right to possess a firearm; this right is restored ten years after completion of sentence, or earlier by a pardon. The governor decides and is authorized but not required to consult parole board for non-binding advice or investigation.

Current eligibility guidelines require lengthy waiting periods after discharge from sentence, and exclude many categories of offense, including misdemeanors.

The process is informal. A pardon restores rights of citizenship and relieves other legal disabilities under state law, but it does not expunge the records or preclude use as a predicate or for an enhancement. Pardons have been infrequent under recent governors: Gov. Courts are authorized to expunge convictions for all but the most serious violent offenses after a conviction-free waiting period ranging from 2 to 10 years after completion of sentence, including payment of fines and fees.

Expungement is defined as limiting public access. Deferred sentencing following a plea is available except in first-degree felony cases, and expungement is available under the procedures and standards applicable to convictions. Certain marijuana-related records are subject to automatic expungement. Victims of human trafficking may petition to have their records sealed if the offense was not a homicide and the offense was directly related to the trafficking. Courts may also expunge non-conviction records including conditional discharges after a one-year waiting period, so long as no charges are pending.

Juvenile records are generally unavailable to the public. Uniform Collateral Consequences of Conviction Act provides for collection, notification, limited relief from mandatory consequences, and standards for discretionary disqualification. Gives effect to out-of-state relief. Public employers may consider criminal history only when an applicant is a finalist, while private employers may consider criminal history information after review of the application.

Public employers and licensing agencies may deny an individual a job or license based on conviction only if the conviction relates directly to the desired job or license. Caregiver employment is subject to a higher standard.

A person convicted of a felony and sentenced to prison loses the right to vote while incarcerated. A person convicted of a felony loses the right to sit on a jury, which may be restored by the sentencing court, corrections department, or governor. While there is no general restriction on the right to hold public office, an official convicted while in office may forfeit their office, and persons with felony convictions must obtain a judicial certificate before qualifying for law enforcement and a few other public offices.

Except for persons convicted of a Class A-1 or violent felony, this right may be restored by the sentencing court, Department of Corrections and Community Supervision, or governor.

The governor decides and is authorized but not required to consult parole board for non-binding advice; governor must report pardons, with reasons, to legislature annually. No stated eligibility criteria or formal process, and applicants generally not considered if alternative administrative remedies are available. Andrew Cuomo has exercised his pardon power in several unusual ways to benefit different classes of individuals, reviving a tradition of pardoning that had been dormant in New York for several terms.

As of December 3, , Governor Cuomo had pardoned more than 50 non-citizens facing deportation or other immigration-related restrictions, restored the right to vote to more than 24, parolees, and granted conditional pardons to more than individuals prosecuted as adults when teenagers.

Given the other restoration remedies available under New York law, it is not surprising that pardons have not been routinely available otherwise. Record relief : Sealing is authorized for up to two convictions only one of them a felony 10 years after sentencing or release from prison.

Sex offenses, class A and violent felonies are ineligible. If the district attorney does not object, the court may decide the application without a hearing, applying a multi-factor test to determine rehabilitation. Conditional sealing is also available upon completion of judicial diversion, and it may extend to up to three prior misdemeanors.

Prostitution convictions for victims of human trafficking may be vacated and sealed. Certain marijuana convictions are automatically expunged. Sealing of non-conviction records is mandatory upon termination of the action in favor of the accused. Juvenile adjudications terminated in favor of the juvenile must be sealed, and those concluding in a finding of delinquency may be sealed. Youthful offender records are sealed automatically upon adjudication. Both certificates relieve mandatory consequences and signify rehabilitation, but only the CGC restores firearms rights and eligibility for public office.

Persons residing or doing business in New York with convictions from other states or with federal convictions are eligible to apply for certificates. Employers, licensing agencies, housing providers, insurance providers, and credit providers also may not ask about or act adversely based on non-conviction records and certain conviction records. An individual with a criminal record who is denied a job or license has the right to receive a statement of reasons. Certificates issued by the court or parole board may lift mandatory employment or licensing bars and must be considered in discretionary decisions.

An executive order prohibits public employers from asking job applicants about prior conviction until initial hiring decisions have been made. New York City has a broad ban-the-box law that prohibits public and private employers from asking job applicants about convictions until after an initial offer is made. An interpretation of this term to include payment of all court debt was held in September to violate the state constitution.

A person convicted of a felony also loses the right to possess a firearm with a few anti-trust-related exceptions. State residents with minor non-violent records may petition the court where they reside for restoration of firearms rights 20 years after completion of sentence. The governor decides.

Governor is authorized but not required to consult the parole board. Multiple convictions in the same session of court shall be treated as one conviction. The eligibility waiting period is 20 years after completion of sentence for felonies and 10 years for a single felony, seven years for more than one misdemeanor, and five years for a single misdemeanor, and there may be no new convictions in the waiting period.

Eligible persons must have paid all restitution, have no pending charges, and have no prior expungements except as permitted where relief is staged, or where relief is sought for non-convictions. Deferred adjudication is available for first-time minor drug offenses, but expunction follows only for those under age Youthful first offenses committed between the ages of 18 and 21 may also be expunged following a 4-year waiting period, and youthful offenses are eligible under other authorities.

Most non-conviction records may be automatically expunged, and expungement upon petition is also available without a hearing, notably to expunge dismissed charges in cases resulting in conviction. Juvenile records are generally unavailable to the public and may be sealed by court order and expunged after the person turns 18 after an month period of good behavior.

Judicial certificates : A Certificate of Relief is available from the sentencing court one year after completion of sentence for individuals with a limited number of misdemeanors and minor felonies. This certificate relieves mandatory collateral consequences, certifies that the person poses no public safety risk, and provides negligent hiring protection. North Carolina has no general law regulating consideration of criminal records in employment, including any limits on application-stage inquiries.

In determining the relationship of the crime to the occupation, agencies must consider specified factors, including whether an individual has a Certificate of Relief.

The agency must provide reasons for denial and an opportunity to appeal. Agencies required to report to legislature on licenses granted and denied to people with a criminal record.

A person convicted of a felony loses the right to vote, hold public office, and to sit on a jury, but only while incarcerated. A person convicted of a felony or a Class A misdemeanor loses the right to possess a firearm. A person convicted of a nonviolent felony or a Class A misdemeanor regains their rights automatically five years after release from prison or probation. For someone convicted of a felony involving violence or intimidation, the waiting period is ten years.

A person subject to a five-year waiting period may petition the court to have these rights restored sooner. A pardon relieves collateral penalties, but does not authorize expungement, and conviction may still serve as predicate. Ordinary pardons have been infrequent in recent years. Beginning in January applications for marijuana pardons are being fast-tracked for favorable consideration. Misdemeanor and felony convictions may be sealed upon petition, with conviction-free waiting periods of 3 and 5 years after conviction, respectively, except that violent offenses must wait 10 years and sex offenses are not eligible.

A hearing may be dispensed with if the prosecutor agrees. First offense marijuana possession may be sealed after two years unless there is a subsequent conviction. Victims of human trafficking may have prostitution convictions vacated and sealed. Deferred imposition of sentence is available, after which the record sealed. Otherwise, access to non-conviction records, including records of diversionary dispositions, may be sealed by court rule if the court finds the interest of justice will be served, pursuant to a balancing test.

Juvenile adjudications for prostitution, theft and forgery, and drug possession linked to being victim of human trafficking may be vacated and expunged. Otherwise, juvenile records are generally unavailable to the public, and are destroyed automatically after 10 years or earlier upon petition. If a person is denied a license based in whole or in part on conviction, the licensing agency must provide a written statement specifying the reasons for denial and the evidence relied upon, and an opportunity to appeal the decision, including through the courts.

Pardons typically relieve mandatory employment and licensing bars, and sealed records may be made available only by court order when an entity has a statutory obligation to conduct a background check. While these measures represent a slight reduction in legislation as compared to the last two years, given the challenges of the pandemic, they still demonstrate a growing public commitment towards restoration of rights after arrest or conviction.

An interim report for the first half of showed a return to pre-pandemic legislating, with 30 states and the District of Columbia enacting an extraordinary new laws to mitigate collateral consequences. It appears that legislative momentum in support of facilitating reintegration has returned to the pre-pandemic pace of Overall, at mid-year we could report that the 30 months between January 1, , and July 1, , produced an astonishing total of laws aimed at neutralizing the adverse effect of a criminal record, plus more than a dozen additional executive actions and ballot initiatives.

As always, CCRC continuously updates its Restoration of Rights Project project with the most recent law and policy changes for each state around the country.

The materials cover loss and restoration of civil and firearms rights; pardon, expungement and other record relief; and consideration of criminal records in employment, licensing, and housing.

Our state-by-state guides and state comparisons help individuals, practitioners, policymakers, scholars, and journalists understand the current landscape and advocate for change. The rest of offers a fantastic opportunity to continue efforts towards reform, and we hope that you will continue to engage with CCRC moving forward.

This work has been made possible by the generosity of Arnold Ventures and we thank them for their support. Former U. Pardon Attorney Margaret Love represents applicants for executive clemency in her private practice in Washington, D. Before that, he served as a law clerk for the Honorable David O. Carter on the U. District Court for the Central District of California. He is a graduate of Berkeley Law, with an undergraduate degree from Yale.

In law school, David represented clients in juvenile delinquency, school discipline, and clean slate proceedings as a clinical student for the East Bay Community Law Center. He also interned at public defender offices, taught courses in Juvenile Hall, and wrote a law review note on marijuana legalization, race, and collateral consequences.

Dear Subscribers, We write with an update on our continued work to promote public discussion of restoration of rights and opportunities for people with a record. Fair Chance Lending Starting a small business is increasingly recognized as a pathway to opportunity for individuals with an arrest or conviction history—particularly given the disadvantages they face in the labor market.

A Reintegration Agenda for the th Congress: Criminal Record Relief, Federal Benefits, and Employment As national and political support grows for more beneficial policies in reintegration, and states continue to implement a diverse array of policies, Congress must follow their lead. Restoration of Rights Project As always, CCRC continuously updates its Restoration of Rights Project project with the most recent law and policy changes for each state around the country.

Oregon Governor Kate Brown, along with the state legislature, have reimagined how Oregon grants executive clemency, early release, and record relief. In addition, Brown signed two bills into law this year that will significantly improve access to judicial remedies for people with a conviction record, thereby reducing the need for executive pardons.

In the first five years of her tenure, Governor Brown granted 20 pardons. From March 9, , through November , Governor Brown has granted 35 pardons. This letter from the Governor to the state legislature covers the period from March 9, to June 25, ; according to Kaplan, Brown granted two more pardons between June and November.

Governor Brown pardoned people with a wide range of offenses, from murder, to DUI, narcotics possession, and other offenses. In at least one case pardon was granted based on a determination of innocence. After granting just six conditional commutations in her first five years in office, Brown granted a total of conditional commutations from March 9, through June Unlike commutations in many other states, commutations in Oregon have typically included a term of supervised release and a condition allowing a return to prison in the event of additional criminal activity.

Of these commutations, the Governor granted 32 in response to applications, 41 to individuals who were deployed to fight historic wildfires in the state and who met other criteria, and the rest to individuals identified by the Department of Corrections as appropriate for release on grounds related to COVID see detailed description below.

In addition, in October , Brown commuted lengthy sentences of 74 people who committed crimes before they had turned 18 but were excluded from a juvenile sentencing reform bill, making them eligible to petition for release after 15 years in custody.

Read more. The title of this post is the title of an intriguing new academic article by Travis Johnston and Kevin H.

Wozniak of the University of Massachusetts, Boston. We analyze data from a national sample of the U. We find that Americans generally oppose benefit restrictions, though support for these policies is higher among Republicans and people with higher levels of racial resentment.

These findings provide little evidence that any group of Americans would be mobilized to vote against a legislator who works to reform collateral consequence policies. We discuss the implications of these findings for American and comparative studies of the politics of punishment.

A link to the article is here. A video recording of the program is now available on YouTube. Sekwan Merritt, who has built a thriving business and employs several people who also have a record, illuminated the challenges he faces as a justice-affected entrepreneur in gaining access to business capital.

Merritt also described the need for a holistic assessment as part of an overall credit evaluation, recognizing achievements such as educational attainment, rather than a frequently-disqualifying early inquiry into criminal record. Schlussel described the conclusion of a law review article by Taja-Nia Henderson that the SBA restrictions appear to violate civil rights laws in their heavy impact on Black business owners, and he noted that there has been no empirical study linking criminal record with creditworthiness.

In any case, the SBA has apparently not attempted to justify its policies since , even as they have become increasingly restrictive in recent years. He noted that the other major federal lending agency, the USDA, has nothing comparable for its rural small business and agricultural lending programs.

Awesta Sarkash of the Small Business Majority was effective in describing the difficulties minority- and women-owned small businesses generally have in accessing capital, noting that these difficulties are exacerbated when a business owner or manager has a criminal record.

Chris Pilkerton, a former SBA general counsel and acting SBA administrator, made a number of very cogent suggestions about how to address this important public policy question through coalition building, message coordination, bipartisanship, and education. The panel was moderated by Dr. Crystal Francis, assistant director of program management of the Georgetown Pivot Program, who engaged with the panelists in a wide-ranging discussion and facilitated audience questions.

The video of the event is available here. Regular visitors to our website can expect to hear about this issue frequently in the months to come. We are delighted to announce a program where a panel of experts will discuss the barriers faced by small business owners and managers with a criminal history in obtaining government-sponsored loans.

Register for the event here. Small Business Administration. The program on November 18 will explore the origins, scope, and justification for these restrictions. We hope that everyone interested in collateral consequences, notably those related to access to business capital, will register for the program.

The Georgetown announcement describing the program is reproduced below.