Resources

  • Institute for Justice

    (August 2021)
    As the Institute for Justice states, while a job is one of the best ways for people with criminal records not to re-offend, many occupational licensing laws block or burden ex-offenders. According to the Institute, many licensing laws have morality clauses that (1) bar automatically and permanently ex-offenders from working ...
  • The Council of State Governments Justice Center

    (February 2021)
    Many state and federal regulations limit or prohibit people with criminal records from accessing employment, education, housing, and more. Some states have taken action to understand and remove these restrictions, known as collateral consequences, which have a particularly devastating effect on employment opportunities. The national playbook identifies best practice goals and ...
  • National Employment Law Project

    (April 2016)
    According to this report from the National Employment Law Project (NELP), nearly one in three U.S. adults has a record in the criminal justice system. While uncommon, the report's authors state that the resulting stigma and its lifelong consequences prove devastating for many. The report discusses the more than one-quarter of ...
  • U.S. Department of Housing and Urban Development

    (April 2016)
    According to this guidance from the U.S. Department of Housing and Urban Development's (HUD's) Office of General Counsel, when individuals are released from prisons and jails, their ability to access safe, secure and affordable housing is critical to their successful reentry to society. However, many formerly incarcerated individuals, as well as ...
  • The Council of State Governments and the Uniform Law Commission

    (January 2016)
    Prepared as part of The Council of State Governments' Shared State Legislation–or SSL–program in support of the efforts of the Uniform Law Commission, the The Uniform Collateral Consequences of Conviction Act (UCCCA) is an effort to improve public and individual understanding of the nature of the problems associated with collateral consequences ...
  • U.S. Department of Housing and Urban Development

    (November 2015)
    The purpose of this Notice from the U.S. Department of Housing and Urban Development's (HUD's) Office of Public and Indian Housing is to inform Public Housing Agencies (PHAs) and owners of other federally-assisted housing that arrest records may not be the basis for denying admission, terminating assistance or evicting tenants, to ...
  • National Employment Law Project

    (April 2015)
    Distilled from the National Employment Law Project's (NELP's) work with jurisdictions across the country and applicable to any state or region, this toolkit is designed for jurisdictions as they craft fair chance policies, including “ban the box”. The toolkit includes a top ten principles to follow, including avoiding stigmatizing language and expanding fair ...
  • U.S. Equal Employment Opportunity Commission

    (April 2012)
    The U.S. Equal Employment Opportunity Commission (EEOC) enforces Title VII of the Civil Rights Act of 1964 (Title VII) which prohibits employment discrimination based on race, color, religion, sex, or national origin. This Enforcement Guidance was issued as part of the Commission's efforts to eliminate unlawful discrimination in employment screening, for hiring ...
  • American Bar Association

    (June 2004)
    Collateral consequences of criminal convictions, also called “collateral sanctions,” are legal penalties that take away rights, access to programs or services, or that impose another type of disadvantage that may not be part of a person’s sentence. According to the American Bar Association (ABA), when properly administered, such sanctions can ...

  • Collateral Consequences Resource Center

    (January 2021)
    n 2020, 32 states, the District of Columbia, and the federal government enacted 106 legislative bills, approved 5 ballot initiatives, and issued 4 executive orders to restore rights and opportunities to people with a criminal record.
  • The Council of State Governments Justice Center

    (January 2021)
    This report from presents national and state-by-state overviews of the nearly 30,000 state and federal consequences of conviction that directly block people from being hired or create barriers to obtaining occupational licenses essential for certain jobs.
  • Alliance for Constitutional Sex Offense Laws

    (September 2018)
    This chart summarizes sex offender registration statutes in the U.S. as codified in each jurisdiction as of August 2018.

  • Collateral Consequences Resource Center (CCRC)

    (April 2021)
    The Collateral Consequences Resource Center (CCRC) houses pages for each state on collateral consequences of conviction and other related topics. Each state's page also links to related CCRC blog posts where available.  Users can search for information on a state using the clickable map. ...
  • The Public Defender Service for the District of Columbia

    (January 2021)
    This publication is designed to empower and equip people affected by the D.C. criminal justice system with necessary information to successfully navigate reentry and reintegration. It is intended for use by people who are currently incarcerated or recently released, people living in the community with a D.C. criminal record, or ...
  • The Council of State Governments Justice Center

    (January 2021)
    A complex web of local, state, and federal statutes and regulations—known as collateral consequences of conviction—can make it all but impossible for some people with criminal records to truly rebuild their lives. These state snapshots  from The Council of State Governments Justice Center present an overview of the nearly 30,000 state and federal ...
  • University of North Carolina School of Government

    (June 2020)
    The Collateral Consequences Assessment Tool, or C-CAT, provides a link to resources for those who regularly work with people involved with the criminal justice system in North Carolina, both before and after disposition. North Carolina statutes and regulations require or authorize a wide array of collateral consequences and civil disabilities ...
  • Colorado State Public Defender

    (November 2019)
    This publication attempts to document the true impact of a criminal conviction in Colorado. It contains consequences that arise under Colorado law, yet are not included in the sentence imposed by a judge at the conclusion of a criminal case. The goal of this work is to provide all participants ...
  • Wisconsin State Public Defenders

    (July 2017)
    The impact of a criminal conviction is greater than a number of days in prison or a number of dollars fined. Thousands of federal, state, and local laws impose additional consequences on people convicted of crimes, many of which remain in effect far beyond any judicially-imposed sentence. Unlike incarceration and ...
  • Ohio Justice & Policy Center

    (July 2017)
    Criminal convictions in Ohio have many consequences. Court-imposed sentences, such as fines and incarceration, are the direct consequences familiar to many people. Not so familiar are the indirect, or "collateral," side-effects of a criminal conviction. These are laws that impose extra burdens and restrictions on people with criminal records, often long after the court-imposed sentence is ...
  • Texas State Law Library

    (April 2017)
    Time in prison is often not the only consequence of a felony conviction in Texas. There are also many statutes, administrative rules, state court rules, and federal court rules that may further restrict a person with a felony conviction on their record in Texas. This collection attempts to bring together many of these restrictions for ...
  • Collateral Consequences Resource Center (CCRC)

    (March 2017)
    The California Compilation of Collateral Consequences is a searchable online database of the restrictions and disqualifications imposed by California statutes and regulations because of an individual’s criminal record. Examples of collateral consequences are legal bars to employment, licensing, housing, and education; limitations on voting and other civil rights; registration and residency restrictions; ...
  • Office of the Vermont Attorney General and the Collateral Consequences Resource Center (CCRC)

    (March 2017)
    The Vermont Compilation of Collateral Consequences is a searchable online database of the restrictions and disqualifications imposed by Vermont statutes and regulations because of an individual’s criminal record.  Examples of collateral consequences are legal bars to employment, licensing, housing, and education; limitations on voting and other civil rights; registration and ...
  • Wisconsin State Public Defender and the Collateral Consequences Resource Center (CCRC)

    (March 2017)
    The Wisconsin Compilation of Collateral Consequences (WCCC) is a searchable online database of the restrictions and disqualifications imposed by Wisconsin statutes and regulations because of an individual’s criminal record. Included in the WCCC are laws authorizing or requiring criminal background checks as a condition of accessing specific federal benefits or opportunities. ...
  • The Advocate, Journal of Criminal Justice Education & Research, Kentucky Department of Public Advocacy

    (June 2013)
    According to the articles authors, the impact of a criminal conviction is greater than a number of days in prison or a number of dollars fined. Hundreds of federal, state, and local laws impose additional consequences on people convicted of crimes, many of which remain in effect far beyond any ...

  • U.S. Commission on Civil Rights

    (June 2019)
    This report provides an overview of the relevant data and arguments for and against the imposition of collateral consequences on people with criminal records. Chapter 1 summarizes the diverse range of collateral consequences, the demographics of the populations affected, and the numerous federal and state laws imposing collateral consequences in various ...
  • Michael Shields & Pamela Thurston, Policy Matters Ohio & Ohio Justice & Policy Center

    (December 2018)
    As this report discusses, the consequences of a criminal conviction extend far beyond the sentence imposed in court. Once-convicted, the authors contend, Ohioans face legal restrictions—called collateral sanctions—that can block access to housing, civic rights and jobs. As explored in this paper, Ohio’s expansive collateral sanctions limit access to more ...
  • U.S. Department of Health & Human Services, Office of the Assistant Secretary for Planning and Evaluation

    (October 2018)
    This report is organized around the following five things to consider for employing certain individuals with criminal records in the healthcare sector: Growth in the healthcare sector has created a demand for healthcare employees that some individuals with criminal records are qualified to fill safely. Improved methods for screening an applicant’s criminal ...
  • Urban Institute

    (November 2017)
    Criminal background checks continue to be a routine practice among many employers in the United States. According to a recent survey, almost 60 percent of employers screen job applicants for their criminal histories. According to this report's authors, despite their prevalence, criminal background checks often generate flawed or incomplete reports, ...
  • U.S. Government Accountability Office

    (September 2017)
    The Comprehensive Addiction and Recovery Act of 2016 included a provision for the U.S. Government Accountability Office (GAO) to review collateral consequences for individuals with non-violent drug convictions (NVDCs). This report identifies (1) collateral consequences in federal laws and regulations that can be imposed upon individuals with NVDC, (2) mechanisms ...
  • Urban Institute

    (July 2017)
    This report examines the collateral consequences specific to job opportunities using Washington, DC, as a case study. Following the national trends highlighted a previous Urban report, criminal background checks can limit the pool of jobs that people with criminal histories in Washington, DC, qualify for and can lead to high ...
  • Gabriel J. Chin, in Reforming Criminal Justice: Vol 4. Punishment, Incarceration, and Release (Erik Luna ed.)

    (June 2017)
    Part of The Academy for Justice report, Reforming Criminal Justice: Vol 4. Punishment, Incarceration, and Release (PDF), this article argues that, for many people convicted of crime, the greatest effect will not be imprisonment, but being marked as a criminal and subjected to collateral consequences. Consequences can include loss of civil rights, ...
  • John Malcolm and John-Michael Seibler, Heritage Foundation

    (March 2017)
    According to the author, collateral consequences are distinct from the direct consequences of criminal convictions, such as a criminal record, fines, probation, and prison, and are often premised on the need to protect public safety once an offender is released. While some are certainly justifiable, collateral consequences that are applied ...
  • National H.I.R.E. Network 

    (December 2016)
    This report assesses some of the most common and pernicious obstacles to housing that confront Americans with criminal records and their families. It also examines innovative federal, state, and municipal initiatives that are helping people to overcome those obstacles.
  • The Sentencing Project 

    (October 2016)
    According to the authors, in this election year, the question of voting restrictions is once again receiving great public attention. This report is intended to update and expand our previous work on the scope and distribution of felony disenfranchisement in the United States (see Uggen, Shannon, and Manza 2012; Uggen ...
  •  The Hamilton Project

    (October 2016)
    According to this policy memo's author, over the past 30 years, both the incarcerated population and the limitations placed on those with criminal records have dramatically expanded. The consequences of a criminal conviction can last long beyond any imposed sentence, but current efforts to reduce the punitiveness of the criminal ...
  • National Employment Law Project

    (June 2016)
    In addition to the National Employment Law Project's recommendation that on-demand companies fully embrace the civil rights and consumer protection laws that protect jobseekers with arrest and conviction records, this report urges policymakers to do the following: Issue Guidance Regulating On-Demand Employers: Enforcement agencies, like the U.S. Equal Employment Opportunity Commission ...
  • Center for Economic and Policy Research

    (June 2016)
    The report discusses that, despite modest declines in recent years, the large and decades-long blossoming of the prison population ensure that it will take many years before the United States sees a corresponding decrease in the number of former prisoners. Using data from the Bureau of Justice Statistics (BJS), this ...
  • Michelle Natividad Rodriguez and Beth Avery, National Employment Law Project

    (April 2016)
    The report's authors recommend a comprehensive overhaul of licensing laws to incorporate standards that promote greater transparency and accountability—ultimately producing fairer, more consistently applied licensing laws. The authors provide a Model State Law in the Appendix, which incorporates their Recommendations. In addition, they have analyzed the general licensing laws of ...
  • Alliance for a Just Society

    (March 2016)
    While most people over the age of 18 in the United States are guaranteed the right to vote, those with felony convictions who have served their sentence face a variety of barriers to voting, including, in many states, the requirement that they pay any outstanding fines and fees owed to ...
  • Juvenile Law Center

    (February 2016)
    The report reveals that 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. As the report discusses, these records are not confidential and they do not disappear when the young person’s case is ...
  • Alliance for a Just Society

    (February 2016)
    In many states and cities, both public and private employers can include a question on application materials requiring applicants to disclose whether or not they have a conviction record. While there is growing momentum to “Ban the Box,” in most cases these efforts only ban the box for public employment. Additionally, there ...
  • Center for American Progress

    (December 2015)
    While the effects of parental incarceration on children and families are well-documented, this report argues that the family consequences that stem from the barriers associated with having a criminal record, whether or not the parent has ever been convicted or spent time behind bars are less appreciated. As the authors argue, a child’s ...
  • Center for Community Alternatives

    (March 2015)
    With this study and report, the Center for Community Alternatives builds upon what was revealed in their 2010 study, The Use of Criminal History Records in College Admissions Reconsidered (PDF). The Reconsidered study illuminated that a growing number of colleges and universities are asking about criminal history information during the application ...
  • American Bar Association Criminal Justice Section

    (February 2015)
    Recognizing the mutual responsibility of those in the criminal justice community to close the opportunity gap created by collateral consequences, the American Bar Association (ABA) Criminal Justice Section brought together the collective minds of the leadership of myriad distinguished organizations in February 2015. Their purpose was to examine and debate ...
  • Vera Institute of Justice

    (December 2014)
    According to this report, from 2009 through 2014, forty-one states and the District of Columbia enacted 155 pieces of legislation to mitigate the burden of collateral consequences for people with certain criminal convictions. In reviewing this legislative activity, the Vera Institute of Justice’s Center on Sentencing and Corrections found that ...
  • Center for American Progress

    (December 2014)
    This report discusses that many of the 70 million to 100 million Americans—or as many as one in three— have a criminal record. Many have only minor offenses, such as misdemeanors and non-serious infractions; others have only arrests without conviction. Nonetheless, the authors argue, because of the rise of technology ...
  • U.S. House of Representatives Committee on the Judiciary, Over-Criminalization Task Force

    (June 2014)
    According to the hearing records, the 8th hearing of the U.S. House of Representatives Committee on the Judiciary, Over-Criminalization Task Force focused on the collateral consequences associated with a criminal conviction. The hearing examined the consequences that follow a criminal conviction which may not be immediately apparent during the pendency of ...
  • Human Rights Watch

    (May 2013)
    Upon release from juvenile detention or prison, youth sex offenders are subject to registration laws that require them to disclose continually updated information including a current photograph, height, weight, age, current address, school attendance, and place of employment. Registrants must periodically update this information so that it remains current in each jurisdiction ...

  • Michael M. O’Hear, 109 Journal of Criminal Law & Criminology 165 

    (April 2019)
    According to the article's author, for many years, American legislatures have been steadily attaching a wide range of legal consequences to convictions—and sometimes even just charges—for crimes that are classified as “violent.” These consequences affect many key aspects of the criminal process, including pretrial detention, eligibility for pretrial diversion, sentencing, eligibility ...
  • Paul T. Crane, 54 Wake Forest Law Review 1

    (April 2019)
    As the author of this article states, a curious relationship currently exists between collateral consequences and criminal procedures. It is now widely accepted that collateral consequences are an integral component of the American criminal justice system. Such consequences, the author asserts, shape the contours of many criminal cases, influencing what ...
  • J.J. Prescott & Sonja Star, 133 Harvard Law Review 8

    (March 2019)
    According to the article's authors, laws permitting the expungement of criminal convictions are a key component of modern criminal justice reform efforts and have been the subject of a recent upsurge in legislative activity. The authors further contend that this debate has been almost entirely devoid of evidence about the ...
  • Abigail E. Horn, 87 George Washington University Law Review 2

    (March 2019)
    According to the article's author, collateral consequences of criminal convictions perpetuate racial hierarchy, disadvantage individuals and families, undermine communities, and harm the public by hindering reentry efforts. The author contends that this article is the first to systematically expose another overlooked characteristic of collateral consequences— the extent to which they ...
  • Gabriel J. Chin, 102 Marquette Law Review 233

    (October 2018)
    According to the article's author, national policy with respect to collateral consequences is receiving more attention than it has in decades. This article outlines and explains some of the reasons for the new focus. The legal system is beginning to recognize that for many people convicted of crime, the greatest ...
  • Benjamin Levin, 39 Cardozo Law Review 6

    (August 2018)
    This article diagnoses a phenomenon, “criminal employment law,” which exists at the nexus of employment law and the criminal justice system. According to the author, courts and legislatures discourage employers from hiring workers with criminal records and encourage employers to discipline workers for non-work-related criminal misconduct. In analyzing this phenomenon, ...
  • Gabriel J. Chin & John Ormonde, 102 Minnesota Law Review

    (July 2018)
    Part I of this article explains that serious consequences may fall on people convicted of federal misdemeanors.These include deportation, sex offender or other criminal registration, loss of civil rights, and penalties flowing from the permanent change of legal status caused by criminal conviction. Misdemeanor convictions and criminal records may also ...
  • Jenny Roberts, 46 Hofstra Law Review 177

    (March 2018)
    This article’s goal is two-fold: First, it contextualizes judicial responsibility for misdemeanor sentencing in the realities of the lower criminal courts, where a number of structural and systemic barriers — including violations of the right to counsel and pressures on judges to move cases along rapidly — affect but do ...
  • Joy Radice, 106 Georgetown Law Journal 2

    (January 2018)
    This Article addresses that myth and adds to both the juvenile justice and collateral consequences literature in four ways. First, The Juvenile Record Myth illuminates the variety of ways states treat juvenile records — revealing that state confidentiality, sealing, and expungement provisions often provide far less protection than those terms suggest. ...
  • David S. Kirk & Sara Wakefield, 1 Annual Review of Criminology 171

    (October 2017)
    According to the author, the unprecedented growth of the penal system in the United States has motivated an expansive volume of research on the collateral consequences of punishment. In this review, we take stock of what is known about these collateral consequences, particularly in the domains of health, employment, housing, ...
  • Joy Radice, 66 Emory Law Journal 1315

    (September 2017)
    As the article's author contends, public concern has mounted about the essentially permanent stigma created by a criminal record. This article takes a systematic look at state reforms and integrates them into a more workable and effective whole, which I call the Reintegrative State. It makes four contributions to the literature ...
  • Alessandro Corda, 60 Howard Law Journal 1

    (April 2017)
    According to the author, this article challenges the conventional wisdom that public access and dissemination of criminal history information raise no special problems once a conviction occurs. The label “offender” burdens convicted individuals long after their debt to society has been paid. Numerous damaging effects labeled as mere “informal” collateral ...
  • Murat C. Mungan, George Mason Law & Economics Research Paper No. 16-43

    (March 2017)
    This article presents a model wherein law enforcers propose sentences to maximize their likelihood of reelection, and shows, according to its author, that elections typically generate over-incarceration (i.e., longer than optimal sentences). The article then studies the effects of disenfranchisement laws, which prohibit convicted felons from voting. According to the author, ...
  • Murat C. Mungan, George Mason Law & Economics Research Paper No. 17-13

    (March 2017)
    This article presents law enforcement models where employers engage in statistical discrimination, and the visibility of criminal records can be adjusted through policies (such as ban the box campaigns). The author shows that statistical discrimination leads to an increase in crime rates under plausible conditions. According to the author, this ...
  • Melissa Hamilton, 67 Emory Law Journal Online

    (March 2017)
    This essay explores the United States Supreme Court's consideration of Packingham v. North Carolina, a case testing the constitutionality of a ban on the use of social networking sites by registered sex offenders. The author discusses that an issue that has arisen in the case is the state’s justification for ...
  • Franklin E. Zimring, in The Safer Society Handbook of Assessment and Treatment with Adolescents Who Have Sexually Abused 

    (March 2017)
    The four sections of this article provide an empirical narrative of the known facts about juvenile sex offending and offenders and the misfit between facts and current policy: The first and longest section of this article provides a statistical portrait of juvenile sex offenses and offenders. A second section address three linked ...
  • Peter Leasure & Tia Stevens Andersen, N.Y.U. Review of Law and Social Change, The Harbinger, Vol. 41

    (March 2017)
    According to the article's authors, upon completion of their sentences and when attempting to ‘reenter’ society, offenders face large barriers, often referred to as the ‘collateral consequences’ of conviction. One of the largest barriers, given the stigma of a criminal record, is finding employment. The problem, the authors continue, primarily arises ...
  • Wayne A. Logan, Florida State University College of Law, Public Law Research Paper No. 833

    (March 2017)
    Since the 1990s, U.S. jurisdictions have had laws in place requiring that convicted sex offenders, after their release from confinement, provide identifying information to authorities, which is then made available to community residents in the dual hope that they will undertake safety measures and that registrants will be deterred from ...
  • Mike Vuolo, Sarah Lageson, Christopher Uggen, 16 Criminology & Public Policy 139

    (February 2017)
    This study examines three central questions about criminal record inquiries on job applications, which, according to its authors, is a rapidly developing area in criminology and public policy. The authors find the following: Among the 78% of employers who ask about records, specific application questions vary greatly regarding the severity and timing ...
  • Jeffrey Selbin, Justin McCrary, & Joshua Epstein, 108 Journal of Criminal Law & Criminology 1

    (February 2017)
    As per this article, an estimated one in three American adults has a criminal record. While some records are for serious offenses, most are for arrests or relatively low-level misdemeanors. According to the authors, in an era of heightened security concerns, easily available data and increased criminal background checks, these ...
  • Peter Leasure & Tia Stevens Andersen, 35 Yale Law and Policy Review Inter Alia 11

    (November 2016)
    According to the article's authors, obtaining employment is difficult for ex-offenders due to the stigma of having a criminal record. In recognition of this difficulty, some state legislatures have created certificates of relief (also known as certificates of recovery), which lift occupational licensing restrictions, limit employer liability for negligent hiring ...
  • Eisha Jain, 104 Georgetown Law Journal

    (June 2016)
    According to the article's author, criminal law scholars have long agreed that prosecutors wield vast and largely unreviewable discretion in the criminal justice system. This article argues that this discretion now extends beyond criminal penalties and broadly reaches civil public policy decisions, such as deportation and licensing. The author contends that, ...
  • J.J. Prescott, 48 Connecticut Law Review 4

    (May 2016)
    According to the article's author, the purported purpose of sex offender post-release regulations (e.g., community notification and residency restrictions) is the reduction of sex offender recidivism. On their face, the author continues, these laws seem well-designed and likely to be effective. As per the author, a simple economic framework of offender ...
  • Heather Garretson, 25 Public Interest Law Journal 

    (February 2016)
    According to the article's author, states have recently started addressing the employment paradox with legislation. This legislation authorizes an administrative relief mechanism – often a certificate of some kind – that is intended to lift employment barriers and encourage employers to consider applicants with a criminal record. New York State ...
  • Joann Sahl, 100 Marquette Law Review 2

    (January 2016)
    The article reveals that, (at the time of publishing) domestic violence is the most common tort committed in our country, involving nearly 1.3 million victims. The author argues that, when a domestic violence incident occurs, the press regularly reports it and highlighted in these articles is the name of the ...
  • Nora Demleitner, 90 New York University Law Review Online 36

    (January 2016)
    In this response to Jason A. Cade's 'Return of the JRAD', Nora V. Demleitner argues that judicial opposition to disproportionate sentences and collateral consequences are limited as not all offenders, specifically those deemed dangerous, benefit from the changes in the sentencing system.  Part I of this response focuses on the increasing ...
  • Wayne A. Logan, 29 U.C. Davis Law Review 1

    (November 2015)
    This article reveals that challenges arise when ex-offenders, having secured collateral consequences relief in one state, relocate to another and seek to have their restored status recognized there. When this occurs a legal conflict materializes not unlike that of late witnessed with same-sex marriage. Unlike same-sex marriage recognition, however, which ...
  • Andrew Elmore, 64 DuPaul Law Review 991

    (September 2015)
    This Article proceeds in five parts: Part I briefly summarizes the key features of a disability normative and legal framework that apply to hiring screens, taking personality tests and genetic screens as examples. It also introduces the analogy of criminal records as a civil disability in need of disability privacy and ...
  • Kevin Lapp, 14 Ohio State Journal of Criminal Law 303

    (September 2015)
    According to the article's author, in recent decades, criminal records have proliferated and come to be more consequential than ever. James B. Jacobs’s book, The Eternal Criminal Record (2015), documents their broad scope, wide availability, and the long, devastating shadow that criminal records cast. In this review, the author organizes the ...
  • Margaret Love, 47 University of Toledo Law Review 

    (August 2015)
    As this article discusses, the President’s constitutional pardon power has been administered by the attorney general since before the Civil War, but this arrangement has never been adequately explained or justified. On its face, the author argues, it appears rife with conflict of institutional interests: how could the agency responsible ...
  • Jenny Roberts, 2015 Wisconsin Law Review

    (June 2015)
    As the Wall Street Journal first put it in 2014, “America has a rap sheet.” In 2015, between 70 and 100 million people in the United States had a criminal arrest or conviction record, and anyone — including employers, landlords, and data collection companies — can easily access these records ...
  • Margaret Love, 2015 Wisconsin Law Review 247

    (May 2015)
    This article argues that the debased legal status that results from a criminal conviction makes possible a regime of restrictions and exclusions that feels like punishment to those who are subject to it and looks like punishment to the community. The author contends that policymakers are beginning to understand that ...
  • Wayne A. Logan, 2015 Wisconsin Law Review 119

    (April 2015)
    Since originating in the early-mid 1990s, sex offender registration and community notification laws have swept the country, now affecting the lives of hundreds of thousands of individuals. The laws require that individuals provide, update and at least annually verify personal identifying information, which governments make publicly available via the Internet ...
  • Sandra Mayson, 91 Notre Dame Law Review 301

    (January 2015)
    According to this article, approximately eight percent of adults in the United States have a felony conviction. The author argues that the “collateral consequences” of criminal conviction (CCs)—legal disabilities imposed by legislatures on the basis of conviction, but not as part of the sentence—have relegated that group to permanent second ...
  • Lahny Silva, 5 U.C. Irvine Law Review 783

    (January 2015)
    This article hopes to add to the existing scholarship and advocacy regarding exclusionary federal housing policies. It is meant not only to supplement the collateral-consequences literature by identifying and examining additional issues in the administration of federal housing policy, but also to draw attention to the inequities inherent in the ...
  • Lahny R. Silva,  5 Wisconsin Law Review 4

    (January 2015)
    The article discusses that, as America attempts to remedy the harsh sentencing policies enacted during the “War on Drugs” in the 1980s and 1990s, hundreds of thousands of ex-offenders are being released from jails and prisons annually. Upon release, the author contends, these individuals will confront legal obstacles in their ...
  • Kimani Paul-Emile, 100 Virginia Law Review 893

    (September 2014)
    In this article, the author argues that the negative impact of employers’ reliance on criminal records databases falls most heavily on Black and Latino populations, as studies show that the stigma of having a criminal record is significantly more damaging for racial minorities than for whites. This criminal records “penalty,” ...
  • Amy P. Meek, 75 Ohio State Law Journal 1

    (January 2014)
    According to the article's author, some of the most severe collateral consequences of criminal convictions are imposed through city and county ordinances and policies. This article offers the first (at the time) in-depth examination of these municipal policies, including permits and licensing ordinances, registration and exclusion zones, third-party background-check requirements, and local hiring policies. The author contends that some municipal ordinances, such as residential restrictions on sex offenders, ...
  • Wayne A. Logan, 88 Washington Law Review 1103

    (October 2013)
    According to its author, this essay fills an important gap in the national discussion now taking place with regard to collateral consequences, the broad array of non-penal disabilities attaching to criminal convictions. In the wake of the Supreme Court’s landmark 2010 decision in Padilla v. Kentucky, efforts are now underway ...
  • Anna Roberts, 98 Minnesota Law Review 592 

    (June 2013)
    According to the article's author, statutes in forty-eight states permit the exclusion of those with felony convictions from criminal juries; thirteen states permit the exclusion of those with misdemeanor convictions. The author argues that the reasons given for these exclusions, which include the assumption that those with convictions are embittered ...
  • Todd A. Berger & Joseph A. DaGrossa, 77 Federal Probation 1

    (June 2013)
    Much has been written in recent years about the topic of prisoner reentry. With over two million people incarcerated in America’s prisons and jails and more than 600,000 being released into the community annually, probation and parole officers, judges, social welfare agencies, community-based groups, and other organizations have worked to ...
  • Sarah B. Berson, National Institute of Justice Journal

    (February 2013)
    According to this article, criminal conviction brings with it a host of sanctions and disqualifications that can place an unanticipated burden on individuals trying to re-enter society and lead lives as productive citizens. The impact of these “collateral consequences” is often discussed in the context of offender re-entry, but they ...
  • Gabriel J. Chin, 160 University of Pennsylvania Law Review 1789 

    (April 2012)
    This article discusses the fact that most people convicted of felonies are not sentenced to prison, with a majority receiving straight probation, or probation with a jail term. However, that author argues, this hardly means that the conviction is inconsequential. Tens of thousands of federal, state, and local laws, regulations, ...
  • Margaret Colgate Love, 160 University of Pennsylvania Law Review Pennumbra 113

    (December 2011)
    According to the author, the reality for people of ordinary abilities is very different. For them, the so-called “collateral” consequences of conviction are numerous, severe, and very hard to mitigate. Moreover, because conviction-based dis-qualifications are generally imposed by statute or regulation rather than by a judge in open court, criminal ...
  • Margaret Colgate Love, 31 St. Louis Public Law Review 87

    (July 2011)
    This article analyzes the scope of Padilla v. Kentucky, concluding that its logic extends beyond deportation to many other severe and certain consequences of conviction that are imposed by operation of law rather than by the sentencing court. In it, the author proposes a set of reforms that would limit ...
  • Joy Radice, 83 University of Colorado Law Review 715

    (July 2011)
    After years of swelling prison populations, this article asserts that the reentry into society of people with criminal convictions has become a central criminal justice issue. Scholars, advocates, judges, and lawmakers have repeatedly emphasized that, even after prison, punishment continues from severe civil penalties that are imposed by federal and ...
  • Gabriel J. Chin, 54 Howard Law Journal 675 

    (June 2011)
    This essay, part of the 2010 Wiley A. Branton Symposium at Howard Law School, addresses some of the practicalities of making the Supreme Court's decision in Padilla v. Kentucky, 130 S. Ct. 1473 (2010) an operational reality. Padilla held that defense counsel have an ethical obligation to advise their clients of the possibility ...
  • Margaret Colgate Love, 54 Howard Law Journal 753

    (April 2011)
    This article argues that the relief provisions of the Uniform Collateral Consequences of Conviction Act (“UCCCA”) provide just such a mechanism. It begins by telling the story of Darrell Langdon, a Chicago man whose status as a “convicted felon” barred him from a job he had performed well for many ...
  • J. McGregor Smyth, 31 St. Louis University Public Law Review 139

    (January 2011)
    This article argues that any discussion of changing defense practices must squarely address why defense attorneys must approach their work in a new way and how they can do it in our high-volume reality. The author asserts that defenders must know that this approach works for clients, works for their ...

  • The Council of State Governments Justice Center

    (April 2021)
    This webinar discusses some of the barriers to occupational licensing that people who have criminal records face. Presenters share best practices and policy options for policymakers to help address these barriers.
  • National Reentry Resource Center

    (October 2018)
    This webinar provides an overview of the new NICCC site and discusses how attorneys, judges, policymakers, advocates, and people involved in the criminal justice system can leverage this one-of-a-kind resource to better navigate and understand these often-overlooked policies.
  • The Council of State Governments Justice Center

    (September 2018)
    This webinar explores how technology has influenced criminal record clearance processes and improved service delivery around the country. The presentation includes an overview of expungement technologies, case studies of expungement software in Maryland and Pennsylvania, and a discussion about the possible future of expungement with the Clean Slate model. This ...
  • National Reentry Resource Center, Clean Slate Clearinghouse

    (August 2018)
    The presenters of this webinar discuss overcoming the challenges to effective community engagement and explore ways to increase the number of juvenile record clearances.

  • Zachary Hoskins

    (November 2019)
    The book's author argues that these measures are often more burdensome than an offender’s formal sentence. This is the first (at the time of publication) book-length philosophical examination of these burdensome legal measures, called collateral legal consequences (CLCs).
  • Tracey W. Brame Ed., ICLE

    (March 2019)
    Designed for lawyers and other legal professionals, this book is designed to provide information on help better understand and assist legal clients in remedying problems by plea bargaining or by using postconviction motions, expungement, and other tools to clear or clean up their records.
  • Margaret Love, Jenny Roberts, & Cecelia Klingele

    (October 2018)
    This book covers general types of collateral consequences, attorney's duties regarding consequences, constitutional challenges to consequences,access to and the use of criminal records, regulation of employment and occupational licensing, and restoration of rights after a conviction.

  • The Clean Slate Clearinghouse—a project funded by, and developed in partnership with, the U.S. Department of Labor (DOL) and the U.S. Department of Justice (DOJ)—helps support juvenile and adult criminal record clearance around the country by: Providing people with criminal records and non-legal service providers with accurate, up-to-date information on record ...
  • The Collateral Consequences Resource Center (CCRC) is a non-profit organization established in 2014 to promote public engagement on the myriad issues raised by the legal restrictions and societal stigma that burden people with a criminal record long after their criminal case is closed. Situated at the intersection of the academic ...
  • The Legal Action Center (LAC) uses legal and policy strategies to fight discrimination, build health equity, and restore opportunity for people with arrest and conviction records, substance use disorders, and HIV or AIDS. Since their founding in 1973, LAC has utilized a multi-pronged approach to achieving their mission, which includes: direct legal services, ...
  • The Restoration of Rights Project (RRP) is a project of the Collateral Consequences Resource Center in partnership with the National Association of Criminal Defense Lawyers, National Legal Aid & Defender Association, National HIRE Network, Association of Prosecuting Attorneys, and Paper Prisons Initiative.  It was launched in 2017. The RRP is ...