'When Mercy Seasons Justice': Interstate Recognition of Ex-Offender Rights

Wayne A. Logan, 29 U.C. Davis Law Review 1

(November 2015)
When Mercy Seasons Justice article cover image

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 was the subject of major public debate and legal attention, restoration recognition — despite its potential impact on many millions more lives — has been largely ignored.

This article aims to remedy the deficit, providing the first comprehensive examination of how restoration recognition thus far has been addressed, and outlining a legislative way forward for states, or Congress, to balance the important comity, federalism, and state autonomy interests implicated.