State Reforms Reducing Collateral Consequences for People with Criminal Records Tuesday, Sept. 25, 2012 Panelists: Rachel Bloom, ACLU; Nicolette Chambery, CBI; Roberta Meyers, LAC/HIRE; Nicole Porter, The Sentencing Project; and Michelle Natividad Rodriguez, NELP A project of 1
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Expungement and Sealing: Reducing Employment Barriers
• 2012, at least 8 states - Delaware, Georgia, Louisiana, Ohio, Maryland, North Carolina, Tennessee and Utah—adopted measures that authorize or expand expungement relief for criminal convictions.
• At least 8 other states, including Alabama, Florida, Kentucky, Louisiana, Missouri, New Jersey, New York and Rhode Island, introduced expungement provisions during 2012
• 3 measures -- in New Mexico, South Carolina, and West Virginia—were adopted by the legislature, but vetoed by the governor
• The Uniform Collateral Consequences of Conviction Act was
written in response to the increasingly high number of men and
women that were unable to find housing, employment, and access
to public benefits, upon their release from prison.
• Recognizing these and other missing opportunities as imperative
to a successful reentry, this act provides information and relief to
attorneys, their clients, and the public that equips them with tools
that mitigate these effects.
• Though no state has enacted UCCA, advocates are confident that
progress made in past years will continue into next year.
2011 Introduced Legislation
• North Carolina
• New Mexico
• Colorado
• Minnesota
• Vermont
• Nevada
• West Virginia
2012 Legislation
• New York Assembly Bill 8546
– The partisan divide between Assembly Members and the Senate remains to be a barrier in passing this legislation and concern for adopting a policy too soft on crime.
– Reentry reforms have been adopted on smaller scales and Assembly Members are hopeful this practice will continue to enact UCCA.
– This bill is being revised to accommodate existing relief mechanisms already in place, and will be reintroduced next session.
2012 Legislation
• Vermont Senate Bill 38
– This measure gained significant ground last session, and supporters of this bill are confident they have extinguished concerns surrounding its enactment.
– Advocates are hopeful the ABA study of which collateral consequences attach to a particular statute will be a great resource in the passage of this bill. The first 11 states in this study will be available at the end of September.
– This bill will be reintroduced next year.
2012 Legislation
West Virgina House Bill
– This bill was originally recommended by the Joint
Standing Committee on the Judiciary, though no action
was taken and it never received a hearing.
Wisconsin Senate Bill 304
– Senate Bill 304 also did not receive a hearing due to
opposition from the Chair with specific concerns over
public safety.
2012 Legislation
• Minnesota House Bill 489/Senate Bill 1448
– Though great progress continues to be made, some legislators have yet to embrace criminal justice reform.
– Advocates for this measure are meeting in late September to determine new strategies for raising awareness and support for this bill to accommodate concerns from lawmakers.