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Date: November 25, 2024 Mon
Time: 8:26 pm
Time: 8:26 pm
Results for expungement
10 results foundAuthor: Brown, Russell R., III Title: Expungement and Collateral Sanctions. The Other Side of Justice: A Look at Rehabilitated and Otherwise Harmless Persons And The Long Term Effect Of Having a Criminal Record Summary: Two strikes and you’re out! In Ohio, because expungements are reserved for first time criminal offenders only, one may be treated as a career criminal after the second conviction of a misdemeanor and/or felony offense. In many states one may be treated as such even after his or her first criminal offense where expungement is not available at all. Because there are no restrictions on the use of a person’s conviction status, the state of Ohio and its employers may exclude a person from employment and other opportunities based solely upon their conviction status, whether one is truly a career criminal or not. Within this loose standard, the author explores specific research on: (1) the opinions of Ohio municipal court judges on the policy and practice of expungement and (2) the rate of expungements granted for persons convicted of a first offense in the Cleveland Municipal Court Selective Intervention Program. The goal of the research is to observe both how the justice system sees and responds to rehabilitated and otherwise harmless persons with a criminal record and what effect having the criminal record has on those persons’ ability to compete for available job opportunities. This research also identifies what support there is for ending indefinite punishment placed on those rehabilitated and otherwise harmless persons who may be denied employment opportunities based solely upon their having a criminal record. The significance of this research is that it addresses the fact that years after their last conviction, rehabilitated and otherwise harmless persons with criminal records who are otherwise qualified for a job, are often treated by employers, the justice system, and society the same as if they were habitually criminal persons because of their convictions status. Details: Williamsburg, VA: Institute for Court Management, Court Executive Development Program, 2006. 134p. Source: Internet Resource: Accessed August 9, 2011 at: http://www.ncsc.org/~/media/files/pdf/education%20and%20careers/cedp%20papers/2006/brownrussellrcedpfinal0506.ashx Year: 2006 Country: United States URL: http://www.ncsc.org/~/media/files/pdf/education%20and%20careers/cedp%20papers/2006/brownrussellrcedpfinal0506.ashx Shelf Number: 122336 Keywords: Criminal Records (Ohio)Ex-Offenders, EmploymentExpungementPrisoner Reentry |
Author: Muntingh, Lukas Title: The Law and Business of Criminal Record Expungement in South Africa Summary: This report reviews the use and expungement of criminal records in South Africa and was prompted by a recent amendment to the Criminal Procedure Act which created, for the first time, a mechanism for certain criminal convictions to be expunged. The situation of criminal records and their expungement is, however, not a simple one and the creation of additional registers (Sex Offender Register, Child Protection Register and Diversion Register) have added another dimension to the issue. The overall impression from the legal framework is that different pieces of legislation use different yardsticks in respect of expungements. It is furthermore a general conclusion that the scope of the mechanism created in the Criminal Procedure is extremely narrow and that very few former offenders would in fact benefit from it. The creation of this mechanism also saw the private sector creating a profit opportunity with some companies charging amounts as high as R7 500 for handling the expungement application, a procedure that should cost no more than R100. The report concludes by recommending that the retention and expungement of criminal records should be selective, purposeful and based on knowledge. Details: Cape Town, South Africa: Community Law Centre, University of the Western Cape, 2011. 30p. Source: Internet Resource: Research Report No. 18: Accessed October 28, 2011 at: http://www.communitylawcentre.org.za/clc-projects/civil-society-prison-reform-initiative/publications-1/cspri-publications/SACriminal_record_expungement.PDF/ Year: 2011 Country: South Africa URL: http://www.communitylawcentre.org.za/clc-projects/civil-society-prison-reform-initiative/publications-1/cspri-publications/SACriminal_record_expungement.PDF/ Shelf Number: 123162 Keywords: Criminal Records (South Africa)Ex-OffendersExpungement |
Author: Shah, Riya Saha Title: Juvenile Records: A National Review of State Laws on Confidentiality, Sealing and Expungement Summary: Public access to records of juvenile arrests, court proceedings and dispositions can impede successful transitions to adulthood for many youth, especially when these records remain available long after the youth's involvement with the juvenile justice system has ended. These records can create obstacles for youth seeking employment, education, housing and other opportunities. This Review provides an overview of how juvenile records are treated nationwide. In order to provide a comprehensive review, the authors surveyed state statutes, court rules, and case law governing the treatment of juvenile records in each jurisdiction. Because what is codified in law does not always reflect practice, the authors supplemented research, when possible, with interviews with practitioners. Details: Philadelphia: Juvenile Law Center, 2014. 50p. Source: Internet Resource: Accessed November 18, 2014 at: http://juvenilerecords.jlc.org/juvenilerecords/documents/publications/national-review.pdf Year: 2014 Country: United States URL: http://juvenilerecords.jlc.org/juvenilerecords/documents/publications/national-review.pdf Shelf Number: 134128 Keywords: Criminal Records, JuvenilesExpungementJuvenile Offenders |
Author: Shah, Riya Saha Title: Failed Policies, Forfeited Futures: A Nationwide Scorecard on Juvenile Records Summary: Failed Policies, Forfeited Futures: A Nationwide Scorecard on Juvenile Records, is the first-ever comprehensive evaluation of state policies that govern the confidentiality and expungement of juvenile court and law enforcement records. No state earned the maximum five-star rating, with the national average coming in at three stars out of the possible five stars. Millions of youth are arrested each year in the United States; 95% of these youth are arrested for non-violent offenses. Arrests and court involvement leads to the creation of juvenile records - all containing details about a child's family, social history, mental health history, substance abuse history, education and involvement with the law. While access to this information by law enforcement and youth-serving agencies is necessary to provide treatment and rehabilitative services to youth, many states also allow widespread access to media, employers, government agencies and victims or sell the data to for-profit companies. Once disclosed, this information is difficult, if not impossible, to recall and can permanently stigmatize youth interfering with their ability to obtain a job, secure housing, pursue higher education, join the military or access public benefits. To ensure that records do not limit future opportunities, sealing (closed to the public) and expungement (destruction) of juvenile records should be available to all youth. Details: Philadelphia: Juvenile Law Center, 2014. 20p. Source: Internet Resource: Accessed November 18, 2014 at: http://juvenilerecords.jlc.org/juvenilerecords/documents/publications/scorecard.pdf Year: 2014 Country: United States URL: http://juvenilerecords.jlc.org/juvenilerecords/documents/publications/scorecard.pdf Shelf Number: 134131 Keywords: ExpungementJuvenile Court RecordsJuvenile Offenders (U.S.) |
Author: Shah, Riya Saha Title: Future Interrupted: The Collateral Damage Caused by Proliferation of Juvenile Records. Summary: Every year, 1.5 million youth are arrested across the country. The moment each of these children comes into contact with the police, a record is created. These records are not confidential. They do not disappear when the young person's case is closed or when she becomes an adult. These records interfere with children's opportunities to move ahead in life and demonstrate their ability to make better choices. Children's juvenile court records tell the story of what they once did - not the story of who they are. In Future Interrupted, Juvenile Law Center urges that we allow children 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. Juvenile records are increasingly available to the public through state police databases or private background check company databases. This report demonstrates, through youths' own stories, how records carry devastating collateral consequences when they remain unprotected. The report also examines how the background check companies operate to sometimes provide inaccurate or out of date information. Future Interrupted acts as a call to policymakers to increase record confidentiality and opportunities for expungement and decrease ready access to juvenile record information. It also argues for employers, educational institutions and housing authorities to understand that children grow up and the mistakes of their past shouldn't follow them for their lifetime. Details: Philadelphia, PA: Juvenile Law Center, 2016. 35p. Source: Internet Resource: Accessed March 21, 2016 at: http://jlc.org/sites/default/files/publication_pdfs/Future%20Interrupted%20-%20final%20for%20web.pdf Year: 2016 Country: United States URL: http://jlc.org/sites/default/files/publication_pdfs/Future%20Interrupted%20-%20final%20for%20web.pdf Shelf Number: 138342 Keywords: Criminal Records, JuvenilesExpungementJuvenile OffendersJuvenile Records |
Author: Illinois Juvenile Justice Commission Title: Burdened for Life: The Myth of Juvenile Record Confidentiality and Expungement in Illinois. How to Fix a Broken System that Fails Youth and Harms the State Summary: In Illinois, tens of thousands of juveniles are arrested each year, and the largest majority of them by far are for non-violent offenses. Over the last decade, the study determined only 3 of every 1,000 arrests - less than one-third of one percent of juvenile arrests - were expunged in Illinois. The Commission's report is based on a first-of-its-kind study to determine how many juvenile record expungements were granted in each county from 2004 to 2014, interviews and surveys of individuals representing a diverse cross-section of professionals in the justice field, interviews of youth with records, a survey of county clerks, review of police practices in Illinois' 10 largest cities, and a review of statutes, employment practices and other research. The report recommends a series of enhancements to confidentiality of juvenile records and increased access to juvenile expungement consistent with recommendations of the American Bar Association. Details: Chicago: Illinois Juvenile Justice Commission, 2016. 132p. Source: Internet Resource: Accessed June 7, 2016 at: http://ijjc.illinois.gov/sites/ijjc.illinois.gov/files/assets/Burdened%20for%20Life.pdf Year: 2016 Country: United States URL: http://ijjc.illinois.gov/sites/ijjc.illinois.gov/files/assets/Burdened%20for%20Life.pdf Shelf Number: 139300 Keywords: ExpungementJuvenile OffendersJuvenile Records |
Author: 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: McIntyre, T.J. Title: Criminals, Data Protection and the Right to a Second Chance Summary: In 2016 Ireland belatedly introduced legislation to allow for the expungement of adult criminal records and, in doing so, highlighted a changing technological and legal context which challenges the assumptions underlying rehabilitation laws. The potential impact of convictions on individuals' life chances has increased as mandatory vetting has become more widespread. Even where vetting is not required, internet search engines render criminal histories easily accessible to curious third parties. In the other direction, the European Court of Human Rights (ECtHR) and the Court of Justice of the European Union (CJEU) have developed privacy and data protection principles which require states to limit the availability of information about old convictions. In this article we outline the limitations of the Irish legislation and use it as a case study to consider these wider issues, examining how it illustrates the growing importance of European privacy and data protection norms in national criminal justice and rehabilitation systems. Details: (2017) 58 Irish Jurist (ns) 27. 37p. Source: Internet Resource: Accessed May 8, 2018 at: https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3150591 Year: 2017 Country: Ireland URL: https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3150591 Shelf Number: 150108 Keywords: Criminal RecordsData ProtectionExpungementOffender 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: 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 |