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Redemption & Certificates of Rehabilitation - 3. Legislation

Love, Margaret Colgate. Wisconsin Law Review 247-287.

The American Law Institute’s Model Penal Code: Sentencing (MPC), which integrates collateral consequences into a sentencing system that gives the court rather than the legislature responsibility for shaping and managing criminal punishment in particular cases. Just as the court decides what sentence it will impose within a statutory range, the court also decides which mandatory collateral penalties will apply and for how long. This gives sentencing courts new tools to further the rehabilitative goals of sentencing, and at the same time it enables them to avert issues of proportionality and procedural fairness that lurk in any categorical scheme. In effect, the MPC scheme converts collateral consequences from senseless punishment to reasonable case-specific regulation.

American Bar Association.

This map provides a state by state listing of the legal and regulatory sanctions and restrictions for persons convicted of a crime.

Congress.gov.

Bill introduced to Senate on 3/9/2015:
Amends the federal criminal code to provide a process for the sealing or expungement of records relating to nonviolent criminal or juvenile offenses. Requires a court considering a petition to seal a nonviolent offense to balance factors including the harm of the protected information to the ability of the petitioner to secure and maintain employment.

"For millions of Americans, the legal and life-restricting consequences of a criminal conviction continue even after they’ve repaid their debt to society as barriers to voting, housing, jobs, education, and a raft of social services limit their ability to provide for their families and successfully reenter society. In recognition of the damaging effects these collateral consequences can have, 41 states have enacted legislation since 2009 that allows certain individuals to move beyond their convictions. This report reviews that legislative activity, discusses the limitations of current approaches, and offers recommendations to states and localities considering similar reforms." Sections of this report include: introduction; background; new approaches to collateral consequences—expungement and sealing remedies, certificated of recovery, offense downgrades, building relief into the criminal justice process, ameliorating employment-related collateral consequences, access to information, and addressing discrete collateral consequences (i.e., housing, immigration, health care, family issues, financial health, education, public assistance, enfranchisement, sex offender registries, and driving privileges); limitations of reform; recommendations; and conclusion. Appendixes provide these tables: Collateral Consequences Reform Legislation by Year, 2009-2014; Collateral Consequences Reform Legislation by State, 2009-2014; Discrete Collateral Consequences Reform Legislation, 2009-2014; and Collateral Consequences Reform Legislation by Reform Type, 2009-2014. This website provides access to the full report, summary, and related infographic.

Relief in Sight? States Rethink the Collateral Consequences of Criminal Conviction, 2009-2014 Cover

Myrent, Mark. Illinois Criminal Justice Information Authority.

This presentation covers the history and guidance from the Equal Employment Opportunity Commission on hiring of individuals with a criminal history. Liability, best practices and developing a fair policy are covered. A second presentation specifically addresses criminal convictions and licensing in the state of Illinois.

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