Download CS-Training-Forced-Criminality-and-Collateral-Consequences4821-5663-2773.pptx
– More than 90 percent of trafficking survivors reported having been arrested at least once
– More than 50 percent reported that every arrest on their record was trafficking-related
– Survivors further reported that criminal records regularly prevent them from obtaining employment, educational and professional opportunities, secure housing, and financial freedom
– Over 75% of respondents reported that they have not been able to vacate their convictions (too expensive, do not know how); some tried but were not able to or were only able to clear some of their records
– Of the approximately 25% of respondents who reported they had cleared or have begun to clear their records all reported it was a long and painful process
-Prostitution
-Drug offenses: smuggling/selling/using
-Financial crimes: scams, stolen checks
-Gang-related crimes
-Identity theft
-Property/auto theft
-Benefits fraud
-Loitering for sales
-Truancy
-Blocking their ability to earn a job
-Accessing housing
-Securing student or housing loans
-Joining professional trade associations
-Getting certified in specialized professions
-Pursuing higher or continuing education
-Preventing someone from adopting or fostering a family member in need
-Driving a car
-Accessing victims’ services (if they become the victim of a crime)
-Accessing immigration relief or adjusting status
– 72% of U.S. employers use background checks
– Even if hired it is more difficult to get promotions as they can trigger additional background checks
– California requires licenses for approximately 300 occupations and 21% of its 19 million workers
– Nationally an estimated 25%-50% of people who are homeless were formerly incarcerated
-Higher education admissions have argued that it makes campuses safer (by asking about records on the application), but research on the correlation between criminal history screening and improved campus safety shows no link
– California law permanently bans individuals convicted of crimes involving fraud, dishonesty, misrepresentation or money-laundering from receiving TANF and SNAP benefits
Expungement/“set aside and dismissal” | Vacatur | |
Types of cases | Available for convictions not resulting in a state prison sentence (with some exclusions) | Available for non-violent offenses, regardless of sentence/disposition |
Legal standard | Mandatory in some cases, other cases require a showing of “interests of justice” | Requires “clear and convincing” evidentiary showing, and best interest and interests of justice |
Type of relief | Release from “penalties and disabilities” | Offense is “deemed not to have occurred” |
Disclosure | Must be disclosed in certain circumstances (e.g. when applying for certain types of jobs) | May deny or refuse to acknowledge/disclose when asked |
Licensed jobs | May still be considered by many licensing agencies | Cannot be distributed to licensing agencies |
-Root and Rebound, https://www.rootandrebound.org/
-Clean Slate Clearinghouse, https://cleanslateclearinghouse.org/
-Collateral Consequences Resource Center, https://ccresourcecenter.org/ (especially the Restoration of Rights Project, https://ccresourcecenter.org/restoration/)
-National Inventory of Collateral Consequences of Conviction (NICCC), http://niccc.csgjusticecenter.org/
Attachment CS-Training-Forced-Criminality-and-Collateral-Consequences4821-5663-2773.pptx
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