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Date: April 30, 2024 Tue
Time: 2:56 am
Time: 2:56 am
Results for criminal record
5 results foundAuthor: Litwok, Daniel Title: Have You Ever Been Convicted of a Crime? The Effects of Juvenile Expungement on Crime, Educational, and Labor Market Outcomes Summary: Despite differing terminology, all fifty states and the District of Columbia have statutory remedies allow ing records of juvenile delinquency to be treated as if they do not exist , eliminating the possibility that a future college or employer may learn of the record. Whereas most states require a n application for such "expungement " of a juvenile record , in fourteen states the expungement is automatic. Ba sed on unique data obtained from three application states, I find that expungement is rarely used when an application is required. To study the effect of expungement on youths, I develop a conceptual model to consider the dynamic incentives created by automatic expungement that predicts an increase in the incen tives to initially commit crime but a reduction in the incentives to commit additional crime as an adult . Based on this model, I estimate the e ffects of expungement on juvenile arrest, recidivism as an adult , educational attainment , and future labor market outcomes . I find no response to the incentive for first time offenders in automatic states, but I do find a ne gative effect on long - term recidivism. I also find sizeable positive effect s of ex pungement on college attendance and future earnings . These findings suggest that expungement is beneficial to former offenders with limited social costs Details: East Lansing, MI: Michigan State University, Department of Economics, 2014. 75p. Source: Internet Resource: Job Market Paper: Accessed July 11, 2016 at: http://econ.msu.edu/seminars/docs/Expungement%20112014.pdf Year: 2014 Country: United States URL: http://econ.msu.edu/seminars/docs/Expungement%20112014.pdf Shelf Number: 139597 Keywords: Criminal RecordEducationEmploymentEx-Offender EmploymentExpungementJuvenile Crime |
Author: Saliba, Antoinette Mary Title: Beyond the Prison Walls: the role of a criminal record check in balancing risk management and reintegration through employment Summary: The role of rehabilitating ex-offenders has traditionally been understood as belonging firmly within the administration of corrections and as such governed by the state. This thesis is undertaken within the area of criminal justice studies and examines what happens beyond the realms of corrections, through the utilisation of the criminal record, specifically in relation to employment. It brings into focus the reintegration of ex-offenders into the community and the impact of their criminal record on their reception by non-government institutions, employers and the community. To this end, this thesis uses theories of governmentality and the discourse of failure as outlined by Michel Foucault. These theories are applied to the analyses of the governing of ex-offenders by non-government organisations, institutions and employers within society. Furthermore, a Foucauldian genealogical approach is taken in relation to the disjointed and, at some stages, simultaneous development of facets of the criminal record within Victoria. Quantitative and qualitative Victorian data are considered in relation to the construction and development of the criminal record. This approach is utilised to gain a purchase on the particular ways in which the criminal record is constructed and used by prospective employers as a form of risk assessment for the possible future behaviour of ex-offenders. This form of risk assessment used by prospective employers will be considered against the forms of risk assessments performed by Corrections in relation to reoffending. Specifically, an in-depth analysis will be undertaken of the Victorian Intervention Screening Assessment Tool (VISAT), to illustrate how risk assessment tools have a tendency to reduce an immense level of information into simplistic and predetermined formats. Furthermore, the growing practice of criminal record checks will be analysed for its impact on the employment options of ex-offenders. This will be presented through a critical analysis of various forms of data, including employment advertisements, employment statistics of offenders and future industry indications. Through this multi-dimensional analysis of texts relating to criminal records and Corrections data, this thesis examines the role played by non-government institutions as distinct from the role of Government itself in thwarting stated aims of rehabilitation. Finally, recommendations will be made which are aimed at improving this problematic condition. The research findings support the conclusions that the criminal record is a complex, multifaceted inscription and as such, its reduction to a simplistic predetermined form - the National Police Certificate - makes it an inappropriate risk assessment tool for prospective employers. Furthermore, this research has found that the way the criminal record is used significantly impacts on the reintegration of ex-offenders. It is argued that the inability of ex-offenders to become gainfully employed and regain full active citizenship, subsequent to participation in rehabilitation programs and correctional intervention contributes to the high rate of recidivism. It is therefore concluded that society has a critical role to play in the successful reintegration of ex-offenders and the lowering of recidivism rates. Details: Melbourne: RMIT University, 2012. 264p. Source: Internet Resource: Dissertation: Accessed May 17, 2017 at: https://researchbank.rmit.edu.au/eserv/rmit:160273/Saliba.pdf Year: 2012 Country: Australia URL: https://researchbank.rmit.edu.au/eserv/rmit:160273/Saliba.pdf Shelf Number: 131275 Keywords: Criminal Background ChecksCriminal RecordEx-Offender EmploymentOffender ReentryOffender Rehabilitation |
Author: Love, Margaret Title: Reducing Barriers to Reintegration: Fair Chance and Expungement Reforms in 2018 Summary: Executive Summary In 2018, 30 states and the District of Columbia produced 56 separate laws aimed at reducing barriers faced by people with criminal records in the workplace, at the ballot box, and elsewhere. Many of these new laws enacted more than one type of reform. This prolific legislative "fair chance" track record, the high point of a sixyear trend, reflects the lively on-going national conversation about how best to promote rehabilitation and reintegration of people with a criminal record. As in past years, approaches to restoring rights varied widely from state to state, both with respect to the type of relief, as well as the specifics of who is eligible, how relief is delivered, and the effect of relief. Despite a growing consensus about the need for policy change to alleviate collateral consequences, little empirical research has been done to establish best practices, or what works best to promote reintegration. The most promising legislative development recognizes the key role occupational licensing plays in the process of reintegration, and it was this area that showed the greatest uniformity of approach. Of the 14 states that enacted laws regulating licensing in 2018, nine (added to 4 in 2017) adopted a similar comprehensive framework to improve access to occupational licenses for people with a criminal record, limiting the kinds of records that may be considered, establishing clear criteria for administrative decisions, and making agency procedures more transparent and accountable. The most consequential single new law was a Florida ballot initiative to restore the franchise to 1.5 million people with a felony conviction, which captured headlines across the country when it passed with nearly 65 percent of voters in favor. Voting rights were also restored for parolees, by statute in Louisiana and by executive order in New York. The largest number of new laws - 27 statutes in 19 states - expanded access to sealing or expungement, by extending eligibility to additional categories of offenses and persons, by reducing waiting periods, or by simplifying procedures. A significant number of states addressed record clearing for non-conviction records (including diversions), for marijuana or other decriminalized offenses, for juveniles, and for human trafficking victims. For the first time, the disadvantages of a separate petition-based relief system were incorporated into legislative discussions. Four states established automated or systemic record-sealing mechanisms aimed at eliminating a "second chance gap" which occurs when a separate civil action must be filed. Pennsylvania's "clean slate" law is the most ambitious experiment in automation to date. Other states sought to incorporate relief directly into the criminal case, avoiding the Pennsylvania law's technological challenges. Three additional states acted to prohibit public employers from inquiring about criminal history during the initial stages of the hiring process, Washington by statute, and Michigan and Kansas by executive order. Washington extended the prohibition to private employers as well. A total of 33 states and the District of Columbia now have so-called "ban-the-box" laws, and 11 states extend the ban to private employers. Four states expanded eligibility for judicial certificates of relief. Colorado's "order of collateral relief" is now the most extensive certificate law in the nation, available for almost all crimes as early as sentencing, and effective to bar consideration of conviction in public employment and licensing. Arizona, California, and North Carolina made more modest changes to facilitate access to this judicial "forgiving" relief. The District of Columbia established a clemency board to recommend to the President applications for pardon and commutation by D.C. Code offenders. Governors in California and New York used their pardon power to spare dozens of non-citizens from deportation, and California also streamlined its pardon process and made it more transparent. Moving in the other direction, Nebraska authorized sealing of pardoned convictions, and Maine made both pardon applications and pardon grants confidential. The legal landscape at the end of 2018 suggests that states are experimenting with a more nuanced blending of philosophical approaches to dealing with the collateral consequences of arrest and conviction. These approaches include forgiving people's past crimes (through pardon or judicial dispensation), forgetting them (through record-sealing or expungement), or forgoing creating a record in the first place (through diversionary dispositions). While sealing and expungement remain the most popular forms of remedy, there seems to be both popular and institutional resistance to limiting what the public may see respecting the record of serious offenses, and a growing preference for more transparent restoration mechanisms that limit what the public may do with such a record, along with standards to guide administrative decisionmaking. Details: New York, NY: Collateral Consequences Resource Center, 2019. 51p. Source: Internet Resource: Accessed January 11, 2019 at: http://ccresourcecenter.org/wp-content/uploads/2019/01/Fair-chance-and-expungement-reforms-in-2018-CCRC-Jan-2019.pdf Year: 2019 Country: United States URL: http://ccresourcecenter.org/2019/01/10/press-release-new-report-on-2018-fair-chance-and-expungement-reforms/ Shelf Number: 154132 Keywords: Ban the BoxClean Slate LawCriminal RecordExpungementFair ChanceFelony ConvictionParoleesRecord SealingRehabilitationReintegrationRestoring RightsVoting Rights |
Author: Avery, Beth Title: Fair Chance Licensing Reform: Opening Pathways for People with Records to Join Licensed Professions Summary: Two trends, decades in the making, are colliding. The first trend, stemming from "tough on crime" policies and mass incarceration, is that more Americans have an arrest or conviction record than ever before. The second trend is the dramatic expansion of occupational licensing, which requires people to obtain permission from a government agency-and, commonly, pass a background check-before they can work. The result? More than 70 million people with a record in the United States either face significant barriers when seeking a license to work, which is now required for one in four jobs, including many good-paying jobs that are in high demand in healthcare and other industries, or-even worse-they are automatically disqualified, sometimes for life. Laws that function in this way to permanently stigmatize and keep opportunity out of reach for so many people serve none of us well. This debate isn't merely philosophical. The best evidence, highlighted throughout this toolkit, makes a few things clear: policies that make it easier for people with records to work strengthen the economy, improve public safety, help employers find good workers, and advance racial and social justice. Fair chance licensing reforms are critical to realizing these benefits, and policy makers of all political stripes have spoken out in favor of these commonsense policies. But it's also important to keep sight of a more basic point: these issues are fundamentally about people. When a person with a record is not permitted- as a matter of public policy-to reach their full potential, real and lasting consequences follow for individuals, families, and entire communities. All of us. We all have a stake in this work, and it's time to act. This toolkit is intended to provide lawmakers and advocates in states across the country with the resources necessary to set about the work of fair chance licensing reform. Details: New York: National Employment Law Project, 2017. 32p. Source: Internet Resource: Accessed April 26, 2019 at: https://www.nelp.org/wp-content/uploads/Toolkit-Fair-Chance-Licensing-Reform.pdf Year: 2017 Country: United States URL: https://www.nelp.org/wp-content/uploads/Toolkit-Fair-Chance-Licensing-Reform.pdf Shelf Number: 155575 Keywords: Criminal RecordEmployment Programs Ex-Offender Employment |
Author: Rosen, Alana E. Title: High Time for Criminal Justice Reform: Marijuana Expungement Statutes in States with Legalized or Decriminalized Marijuana Laws Summary: As states continue to legalize or decriminalize recreational marijuana, there is a chasm within our society. One segment of the population can use, possess, transport, and cultivate marijuana without fear of prosecution. Another segment of the population suffers from the collateral consequences of previous marijuana-related offenses. This Article argues that any state that enacts marijuana legalization or decriminalization statutes should automatically include an expungement provision that clears the criminal record of individuals who engaged in activities now deemed lawful under the new legalization and decriminalization laws. This Article proposes model language for an expungement statute that serves as a guide for legislators, judges, and attorneys. The proposed expungement statute will help individuals obtain access to opportunities and benefits now denied them because of their marijuana-related criminal records including employment, professional licenses, financial aid, public housing, travel abroad, firearms' purchases, the right to vote, and jury service. Changes to the law will also benefit communities that have been disproportionately targeted by the War on Drugs and marijuana prohibition. Details: Lubbock, Texas: Texas Tech University School of Law, 2019. 53p. Source: Internet Resource: Accessed June 8, 2019 at: https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3327533 Year: 2019 Country: United States URL: https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3327533 Shelf Number: 156259 Keywords: CannabisCriminal RecordDecriminalizationExpungementLegalizationMarijuanaWeed |