The model law was developed in collaboration with a fantastic group of advisors: Maureen Cain (CO public defender), @chanenson, @colleen_chien, @GJackChin, @AleGCorda, @NDemleitner, @SDietrich9, Eric Fish (SD Federal Defender), Jordan Hyatt (@DrexelUniv)…. 2/12
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….Hon. Craig S. Iscoe (DC Superior Ct), Beth Johnson (Rights and Restoration Law),
@ProsecutorDave,@sarahlageson, Karen Lantz (@ACLUDelaware), Paul McDonnell (NY Courts),@rtonimeyers@jjprescott2009, Judith Whiting (@CSSNYorg), Samantha Reiser (@lac_news).... 3/12Prikaži ovu nit -
….Prof. John Rubin (
@uncsog),@TarraSimmons5, Prof. Sonja Starr (@UMichLaw), Prof. Kate Stith (@YaleLawSch), and@mjweissman A first draft of the model law was discussed at a 2-day Roundtable on Non-Conviction Records at@UMichLaw in Aug 2019. 4/12http://ccresourcecenter.org/2019/06/28/ccrc-to-hold-roundtable-on-criminal-records-at-michigan-law-school/ …Prikaži ovu nit -
“Many people may not realize how even cases that terminate in a person’s favor lead to lost opportunities and discrimination,” says
@SDietrich9, a project advisor. “Over the years, my legal aid program has seen thousands of cases where non-convictions cost people jobs.” 5/12Prikaži ovu nit -
Current laws restricting access to and use of non-conviction records have limited application and are hard to enforce. Eligibility criteria tend to be either unclear or restrictive, and petition-based procedures tend to be burdensome, expensive, and intimidating. 6/12
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In recent years, lawmakers and reform advocates have expressed growing interest in curbing widespread dissemination of non-convictions, leading some states to simplify and broaden eligibility for relief, reduce barriers, and in a handful of states to make relief automatic. 7/12
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This model law recommends: 1) automatic expungement of non-convictions, except actually pending matters 2) Non-disclosure of expunged records except for specified purposes 3) Restrictions on government use, commercial dissemination, & civil inquiries 4) Limits on liability 8/12
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@ProsecutorDave of@APAinc stated that the collateral consequences of non-convictions “do not serve to make the community safer,” and that “the current structures in place to expunge a non-conviction record can be confusing and difficult for the layperson to navigate alone.” 9/12Prikaži ovu nit -
Paul McDonnell: “Criminal records that include no final disposition make it appear to the untrained eye that an individual has an open, pending case, which can have serious results...NY has recently made legislative progress in addressing this problem, though more can be done” 10
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@mjweissman noted CO recently overhauled its criminal records laws w/ broad bipartisan support. “It is heartening to see similar reforms underway in other states, both red and blue, as well. I commend the practitioners and researchers who helped formulate the model law...”11/12Prikaži ovu nit -
This model law sets the stage for jurisdictions to address record relief for convictions more generally, and its structure and principles can be brought to bear on that important work. The model law is available here: http://ccresourcecenter.org/model-law-on-non-conviction-records/ … END
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