NELP Criminal Records Bulletin August 2013

FEDERAL UPDATE

NELP Report Exposes Inaccuracies in FBI Background Checks, New Federal Legislation Endorsed

by NY Times

In July, the National Employment Law Project released a new report on incomplete and inaccurate FBI

background checks for employment and the devastating impact these reports have on workers. Read NELP

report Wanted: Accurate FBI Background Checks for Employment, see Washington Post article, listen to NPR

piece. The following week, Rep. Bobby Scott reintroduced the Fairness and Accuracy in Employment

Background Checks Act (HR 2865) and Rep. Keith Ellison introduced the Accurate Background Check Act (HR

2999). Last week, the New York Times endorsed the bills. See article.

U.S. Attorney General Eric Holder Calls for Prevention and Reentry Coordinator in All Districts

The U.S. Attorney General’s August 12th speech to the American Bar Association decried our broken criminal

justice system and put forth concrete steps for reform, including directing every U.S. Attorney to designate a

Prevention and Reentry Coordinator. AG Holder also spoke of the Federal Interagency Reentry Council’s review of the federal system and push for policies to reduce collateral consequences. Read the speech and

review the Smart on Crime guide.

50th Anniversary of the March on Washington for Jobs and Freedom

This year marks the 50th

anniversary of the March on Washington for Jobs and Freedom and of Dr. King’s “I

Have a Dream” speech. Multiple marches and rallies were planned in DC and other cities to commemorate

the original march and to call for a realization of the dream of good jobs, justice and freedom. Tens of

thousands of people gathered in Washington, DC.

LITIGATION

EEOC v. Freeman Dismissed by Judge

EEOC v. Freeman, which alleged that event services provider Freeman unlawfully relied upon credit and

criminal background checks that cause a disparate impact against African American, Hispanic, and male job

applicants, was dismissed by Judge Roger Titus. The judge held that the EEOC had not provided the requisite

evidentiary foundation that Freeman’s policies had a disparate impact based on reliable and accurate

statistical analysis. Read ESR blog here, Martindale article here, and complete memorandum opinion here.

Swift Transportation Sued for FCRA Violations

A lawsuit has been filed against Swift Transportation alleging violations of the Fair Credit Reporting Act.

Plaintiff Ellis claims that Swift failed to provide him and other applicants with a criminal record with a copy

of the background check obtained by Swift and information that they were able to dispute inaccurate

information. A previous suit filed against Swift for similar claims was dismissed. Read Trucking Info article

here.

BAN THE BOX

Richmond, CA Expands Ban the Box Policy to Contractors

Richmond, California, first introduced ban the box for city employment in 2011. In July 2013, the City Council

voted to broadly expand the ban the box policy to companies with more than 10 employees who do

business with the city as well as their subcontractors. The new ordinance prohibits inquiry into an

applicant’s criminal history at any time unless a background investigation is required by State or Federal law

or the position has been defined as “sensitive.” Read article.

ARTICLES AND REPORTS

RAND Study Finds Link Between Education in Prison and Reduction in Recidvism

A new study by the RAND Corporation, available through the Bureau of Justice Assistance, found that on

average, prisoners who participated in correctional education programs has 43 percent lower odds of

returning to prison than those prisoners who did not. The report also includes positive findings regarding the

cost effectiveness of prison education programs and their impact on post-release employment outcomes.

Read study.

New Documentary on Mass Incarceration

An award-winning documentary by Matt Pillischer, Broken On All Sides: Race, Mass Incarceration & New

Visions for Criminal Justice in the U.S., centers around the theory that mass incarceration has become “The New Jim Crow.” Educational screenings are available, as well as copies of the DVD, and the ability to watch it online at www.brokenonallsides.com.

Criminal Records Bulletin Archive for 2013 available here.

Criminal Records Bulletin Archive for 2012 available here.

NELP Criminal Records Bulletin July 2013

FEDERAL UPDATE

J.B. Hunt Agrees to Settle EEOC Criminal Records Case

J.B. Hunt Transport, Inc., one of the largest transportation companies in North America,

has agreed to settle a race discrimination charge filed by the U.S. Equal Employment

Opportunity Commission (EEOC), the agency announced June 28th

. This settlement

follows conciliation between the EEOC and J.B. Hunt over claims that an African-

American job candidate was denied a truck driver position at a J.B. Hunt facility in San

Bernardino, Calif., in 2009 based on a criminal conviction record, which the EEOC

contends was unrelated to the duties of the job. The federal agency also reviewed the

company's broader policy with respect to the hiring of job applicants with conviction

records. See EEOC press release.

LITIGATION

FCRA Lawsuit Settled in Southern District of West Virginia

Mr. Drew filed his lawsuit on Dec. 14th in U.S. District Court for the Southern District of

West Virginia against Energy Future Holdings Corporation, Luminant Mining Company

and HireRight Solutions under the Fair Credit Reporting Act. An order dismissing the

case as settled was entered June 17th, where terms were not disclosed. Mr. Drew

claimed that an erroneous background check was used to revoke his job offer. See

article.

BAN THE BOX

Rhode Island Becomes 10th

State! Ban the Box Applies to Private and Public

Employment

Governor Lincoln D. Chafee signed H 5507 on July 15th

, limiting employers from

including questions on job applications regarding charges, arrests, and criminal

convictions. Employers will only be able to probe an applicant’s criminal background at the first interview and any time after, but not during the application process. In

support, Senator Harold Metts stated, “A job means redemption for an individual, a chance to live a productive life and support a family. The other option is recidivism, and

that serves no one any good. ” This legislation applies to employers with at least four employees. The new law will take effect on January 1. See article. See Bruce Reilly’s

post. See NELP’s press release. To view a video about the local movement, see Beyond

the Box.

LA Times Endorses Ban the Box Legislation in California

The most telling predictor of whether a person with a criminal record will reenter the

community as a law-abiding and productive member, or whether instead he or she will

return to jail or prison, is employment. It stands to reason, then, that society would do

what it can to ensure that formerly incarcerated people get jobs. But in fact society

makes it hard. AB 218 makes sense and deserves to become law. For public employers,

at the earliest stage of the job application process, it's time to ban the box. See

editorial.

Ban the Box Adopted by City Manager in Pasadena, California

The City Manager, Michael Beck, of Pasadena, California has agreed to remove the

question about prior convictions from the City’s job application. Contact the Flintridge

Center for more information.

Ban the Box Efforts in Nebraska and locally in Urbana, Illinois

State Senator Heath Mello of Omaha, Nebraska seeks to address the issue of automatic

disqualification whenever someone with a criminal past applies for a job. Resolution

LR306, if passed, would require a study of ban the box. See article. Taking the record of

conviction off employer applications is the goal of one group in Urbana, Illinois. Citizens

with Conviction made their message loud and clear to the Human Relations

Commission on July 10th

. See news story.

Ban the Box Unites Both Parties in Minnesota to Give People with Records a Second

Chance

“Ban the box” legislation, passed earlier this year in Minnesota by a bipartisan coalition,

eliminated the criminal history check off box on most private sector job applications.

The bill is just one in a series of small victories that have Democrats and Republicans

working together to give people with records a second chance. Still on the agenda in

Minnesota are proposals to permanently seal some old criminal records and to more

quickly restore people with felonies right to vote. First-term state Rep. Ray Dehn, DFL-

Minneapolis, has made such issues a priority. As a teenager he was addicted to drugs

and in 1976, at 19, pleaded guilty to felony burglary. Dehn received a pardon later.

Dehn said he had “tons of advantages” that others do not. See article.

See Minnesota Department of Human Rights online toolkit on ban the box.

ARTICLES AND REPORTS

Don't Ignore the Evidence: Stand Your Ground Is Bad for Florida

A new study by economists at Texas A&M University, available through the National

Bureau of Economic Research (2012), uses police data and concludes that Stand Your

Ground laws are associated with a significant increase in homicides and that these

homicides are classified as murders. Using public health data, economists at Georgia

State University also recently (2012) found that passage of a Stand Your Ground law is

associated with a significant increase in homicides, and particularly homicides of white

males. Researchers also find striking racial disparities. The Urban Institute finds that in

the Stand Your Ground states, when white shooters kill black victims, 34 percent of the

resulting homicides are deemed justifiable, while only 3 percent of deaths are ruled

justifiable when the shooter is black and the victim is white. See article.

See Angela Glover Blackwell’s video, Let’s Turn Outrage into Action, on the Equity Blog,

about channeling our outrage about Trayvon Martin into meaningful change.

30,000 California Prisoners in Hunger Strike

Officials said 30,000 California inmates refused meals July 8th at the start of a prison

strike involving two-thirds of the state's 33 lockups, as well as four out-of-state

facilities. The protest was organized by a small group of inmates held in solitary

confinement at Pelican Bay State Prison near the Oregon border. Their complaints focus

on policies that put inmates in isolation indefinitely, some for decades, if they are

suspected of having ties to prison gangs. They want a five-year limit on such isolation.

They also seek education and rehabilitation programs and the right to make monthly

phone calls. See article.

NELP Criminal Records Bulletin June 2013

FEDERAL UPDATE

EEOC Files Suit against BMW and Dollar General for Criminal Records Violations

The first criminal records discrimination lawsuits since the 2012 updated guidance were filed by the EEOC

against BMW and Dollar General. The case against BMW is based on the firing and denial of reemployment

of existing employees based on an overbroad criminal background check policy that did not take into

account the nature and gravity of the offense, the age of the conviction, or the nature of the job. Likewise,

the Dollar General policy was overbroad and one applicant was denied based on a faulty criminal

background check. Read EEOC press release. See articles in the Washington Post, New York Times,

Philadelphia CBS Local, and MarketPlace.

STATES UPDATE

Indiana Expungement Law Goes into Effect July 1

Indiana’s court personnel are preparing for a wave of people seeking expungements when the new state law

goes into effect. Recognizing the detrimental impact a criminal record has on one’s future opportunities, including employment, the bill was authored by a Republican former-prosecutor and received wide

bipartisan support. See article.

BAN THE BOX

Buffalo, NY Bans the Box for Public and Private Employers

On June 10, 2013, a new ban the box ordinance went into effect in Buffalo, NY. The ordinance prohibits

public and private employers within the City of Buffalo, as well as vendors doing business with the City, from

inquiring into a criminal record during the application process or prior to an initial interview. See Martindale

article.

Seattle, WA City Council Passes Ban the Box

Noting that “when employment rates increase, crime decreases,” the Seattle City Council unanimously voted to ban the box. The ordinance requires employers to wait until qualified applicants are identified

before inquiring into criminal histories, prohibits job postings with blanket bans, and requires a “legitimate business reason” for denying employment based on a criminal record. See ACLU-WA press release, City

Council press release, and Ordinance.

REPORTS AND ARTICLES

Legal Action Center Releases Analysis of NY State RAP Sheet Errors

The criminal records of at least 2.1 million New Yorkers contain bureaucratic errors, according to a new

analysis offered by the Legal Action Center. Mistakes include misinformation about warrants that appear

open but have been vacated, old arrests missing dispositions (including some that were never prosecuted),

and the failure to seal dismissed cases and low level convictions. Read full report. And see New York Times

article.

NYC Service Providers Team Up for RAP Sheet Corrections

Funded by NYC Dept. of Probations, Community Service Society, the Legal Action Center, Youth Represent,

and Bronx Defenders are helping low-income NYC residents correct errors on their NY and FBI rap sheets.

The groups, all of whom traditionally provide services to people with conviction histories, are providing

direct services to clients referred by the Depts of Probation, Homeless Services, and Corrections. Services

include helping clients: build awareness of their histories and develop new ways to discuss histories

accurately while emphasizing and providing evidence of rehabilitation; fix mistakes on the records; and

apply for certificates of relief from disabilities or certificates of good conduct. Hundreds of clients have been

assisted since the project’s inception and there is hope that the funding will be renewed in September.

ACLU Report: Billions Wasted on Racially Biased Marijuana Arrests

Marijuana arrests account for half of all drug arrests in America and almost 90% of these are for possession

only. Although marijuana usage rates are comparable among Blacks and whites, African Americans are 3.7

times more likely to be arrested for marijuana possession. If current trends continue, states will spend over

$20 billion enforcing marijuana laws over the next six years. See press release and read report.

Groups Release Best Practice Guide for Employers Hiring People with Criminal Records

The National H.I.R.E. Network, the Lawyers’ Committee for Civil Rights Under Law, and the National

Workrights Institute teamed with background check industry leaders to produce “Best Practice Standards:

The Proper Use of Criminal Records in Hiring.” The publication will be the subject of a conference this Fall hosted by the John Jay College of Criminal Justice. Read the report.

ABA Article on Collateral Consequences of Criminal Records

Article in ABA Journal outlines the many collateral consequences people with criminal records face, as well

as the growing understanding that reducing these barriers is key to public safety and reducing recidivism.

The National Inventory of the Collateral Consequences of a Conviction is also highlighted. Read article and

visit inventory.

NELP Criminal Records Bulletin May 2013

FEDERAL UPDATE

OPM Issues Federal Contractors Best Practices Guide Regarding Criminal Background

Checks

In January 2011, Attorney General Eric Holder established the Federal Interagency

Reentry Council to focus on removing federal barriers to successful reentry of

individuals released from state and federal prisons. The Office of Personnel

Management (OPM) is a member of the Reentry Council and supports it with its

expertise regarding federal employment matters. In support of the goals of the Reentry

Council, OPM has developed this best practices guide which addresses employment

fitness adjudication for contractor applicants and employees who support federal

agencies.

FTC Settlement of Charges Against Marketers of Criminal Background Screening

Reports

The Federal Trade Commission approved a final order settling charges that Filiquarian

Publishing LLC, Choice Level LLC, and their CEO, Joshua Linsk operated as a consumer

reporting agency without taking consumer protection measures required by the Fair

Credit Reporting Act (FCRA). The FTC’s administrative complaint alleged that the

respondents failed to ensure that the information they sold was accurate and would be

used only for legally permissible purposes, and failed to tell users of the criminal record

reports about their FCRA obligations, including a requirement to notify consumers if an

adverse action was taken against them based on a report.

STATES UPDATE

Michigan Bill Would Allow for Some to Expunge

A bill passed by the Michigan House Criminal Justice committee would allow for the

erasure of certain criminal convictions. HB 4186 would make criminal records private

from the public, but still accessible by law enforcement and judges.While current law

lets some people with certain convictions to ask that it be removed from their records

five years after sentencing or prison release, this bill would expand that option to

anyone convicted of up to two misdemeanors, excluding drinking and driving related

offenses, and a single felony conviction, but excluding any lifelong felony convictions,

including felony domestic assault and certain traffic offences (OWI). See article.

Texas Bill Seeks to Prevent Private Criminal History Database Companies from

Reporting Expunged Records

Legislation pending in in the state of Texas, SB 990, would prevent private companies

that compile criminal history information from sharing information about expunged

records. The bill also seeks to create a list of database companies so that notices of

expungements can be directed to those who might have outdated information. See

article.

Iowa Bill Seeks to Expand Background Checks for All School Employees

Lawmakers in Iowa could change requirements for public school employees by

mandating background checks for all employees. This bill, which requires background

checks for all school employees, not just teachers and bus drivers, was passed

unanimously by the Iowa House on Tuesday. Now, Senate File 338 is waiting to come to

a debate in the Iowa Senate. See article.

BAN THE BOX

Newest Ban the Box Report and National Movement to Ban the Box in the Media

NELP released its updated city and county ban the box resource guide in April, marking

the 50th

municipality to adopt this fair hiring reform. NELP’s press release highlights the

recent state legislative wins in Maryland (SB 4, effective Oct. 1, 2013) and Minnesota

(SF 523, effective Jan. 1, 2014), including the recent NYT editorial, “An Unfair Barrier to

Employment.” The reform was also featured on Melissa Harris-Perry’s recent segment on poverty. See also “Ban the box: Should employers ask about criminal

history?” and “Ban the Box” Bill in Minnesota.

Advocates Continue to Push for State Ban the Box in Rhode Island and New Jersey

Marchers organized by DARE and the RI Coalition to Pass Ban the Box continue to show

support for the Rhode Island bill. See article. Princeton students organizing to pass the

New Jersey Opportunity to Compete Act created this video. Also, see New Jersey

Institute for Social Justice’s video on the issue.

Pittsburgh U.S. Attorney Endorses Ban the Box

Private employers should consider following the lead of the cities of Pittsburgh and

Philadelphia and "ban the box," U.S. Attorney David Hickton told attendees at a

Pennsylvania Association of Probation, Parole and Corrections training institute. "If you

give someone a shot after they've made a mistake, they often become your best

employee," Mr. Hickton said. People with records "are coming out, and we have a

choice. We can take steps when they come out to give them a chance, or we can cycle

them right back into the system." See article.

Criminal Records Bulletin Archive for 2013 available here.

Criminal Records Bulletin Archive for 2012 available here.

NELP Criminal Records Bulletin April 2013

FEDERAL

U.S. Dept. of Labor Announces Availability of Grant Funds for Workforce Skills for Juveniles

The U.S. Department of Labor announced the availability of approximately $26 million in grant funds to

improve the long-term labor market prospects of youth involved in the juvenile justice system.

Approximately 26 grants of up to $1 million each will be awarded to serve juvenile offenders between the

ages of 16 and 24. Grants must include a diversion and/or expungment component along with other

requirements. Click here for more information and here for grant applications.

Administration Presses Ahead on Gun Background Checks After Senate Defeat

Despite the Senate defeat of the bipartisan effort to expand background checks for more gun purchases, the

Obama Administration continues to work to bolster the national criminal background check system used for

firearms purchases. The Department of Health and Human Services filed notice last week initiating a

rulemaking process to remove barriers that keep states from sharing records regarding health information

with NICS. Click here for notice of proposed rulemaking and here for article.

STATES UPDATE

New York State Launches Program to Encourage Hiring of People with Criminal Records

New York State recently launched the “Work for Success” program to encourage employers to take advantage of the federal Work Opportunity Tax Credit. The program promotes nine non-profits who provide

human resource services, training, and recruitment throughout the state and with which business can

partner to hire individuals. In addition to the WOTC, the employer participants are eligible to receive free

bonding under the federal bonding program. See article.

Universities Increase Background Checks of Employees and Volunteers

Largely in response to the Penn State sex abuse scandal and cover up, universities are increasing background

check requirements for employees and volunteers. Some, like Ohio State University, are limiting background

checks to those employees and volunteers who work with minors. (See article). Others, such as Florida Gulf

Coast University, are requiring all faculty, staff and adjunct professors to undergo background checks. (See

article). Frequently relying on state department of justice records, it is unclear whether these policies

provide workers with adequate appeal and waiver processes.

Indiana's First Expungement Bill Heads to Governor

HB 1482 permits sealing and expungement of certain arrest and conviction records. The bill permits the

sealing on nonconviction arrests after 1 year and expungement of misdemeanor records (including Class D

felonies that have been reduced to misdemeanors) after 5 years. Rep. McMillin, the Republican and former

deputy prosecutor who authored the bill says, “Making a mistake doesn’t mean that you’re necessarily a bad person. Making a mistake means you’re a human being.” The bill has passed both houses and is headed to the Governor. See article.

BAN THE BOX

Illinois Bans the Box

On April 28th, Governor Pat Quinn’s office sent a letter of commitment to remove the question regarding criminal convictions from initial applications for employment at Illinois state agencies. The letter was sent to

Rep. Ford, a longtime proponent of ban the box and expungement policies. See Rep. Ford’s press release.

Minnesota Legislation Expanding Ban the Box to Private Employers Continues to Move

HF 690, introduced on Feb. 18th, expanding Minnesota’s ban the box to private employers has passed the Senate with bipartisan support. Senator Champion, author of the bill, expects it to pass the House as it has

bipartisan co-authors. See article.

Kansas City, MO Bans the Box

Recognizing the role of employment in reducing recidivism, Kansas City, MO, has joined the movement to

ban the box on city job applications. The ordinance prohibits the City from considering nonconviction

arrests, expunged or annulled convictions, and misdemeanor convictions where no jail sentence can be

imposed. Ordinance available here.

RESEARCH AND NEWS

Public Defenders and Their Clients Hurt by Sequester

Sixty years ago the right to counsel was determined by Gideon v. Wainwright. Now the ability to assert that

right and the right to a speedy trial is threatened by the sequester. Around the country, public defenders are

reporting delays, hardships, and the inability to provide needed representation to indigent clients because

of the sequester. See NPR and Washington Post articles.

The Investigative Reporting Workshop, a nonprofit newsroom in Washington, D.C., is working on a story

about the flaws in the indigent defense system: what might improve it, and the costs of its failures to

individuals and states. A reporter is looking specifically at the issue of collateral consequences for people

who don’t understand how their plea sentence will affect the rest of their life. Please contact Madeline

Neighly at NELP if you have a client who was represented by a public defender, accepted a plea bargain, and

does not believe that he or she received appropriate information on the collateral consequences of the

conviction.

New Poll Shows California Victims of Crime Support Rehabilitation Over Incarceration

A poll commissioned by Californians for Safety and Justice surveyed 500 crime victims in the state. The data

shows that California’s crime victims support the state’s Public Safety Realignment law and believe the state should focus more on supervised probation and rehabilitation, rather than more incarceration. Learn more

here.

UT Report on Increasing Use of Criminal History Information in Texas

UT Law School and Institute for Urban Policy Research and Analysis have released a report addressing the

increasing use of criminal history information for noncriminal justice purposes in Texas. More than 4.7

million adults in Texas possess a criminal record and 1 million new arrests occur each year. This increase of

people with records combined with an increase in electronic databases has led to widespread increases in

the use of criminal history records for noncriminal justice purposes. Click here for report.

College Admission Criminal Background Checks Don't Predict Criminal Behavior

According to researchers, more than half of all American colleges ask student applicants about their criminal

histories or require criminal background checks for admission. However, there is no real evidence to show

this reduces on-campus crime. According to a new report, only 3.3 percent of college seniors who engaged

in misconduct had a precollege criminal history, and just 8.5 percent of applicants with a criminal history

were charged with misconduct during college. See article or access report.

NELP Criminal Records Bulletin March 2013

FEDERAL

U.S. Dept. of Labor Announces Availability of Grant Funds for Reentry

The U.S. Department of Labor's Employment and Training Administration announced the availability of

approximately $20 million in grant funds to help adult inmates prepare to re-enter the workforce. The

department expects to award 15 grants of up to $1.4 million each to organizations that will provide training

and employment to inmates ages 18 and older participating in state or local work release programs. See

solicitation for grant applications.

STATES UPDATE

Georgia Legislation Requiring National Background Check for Childcare Workers

The Georgia state Senate has passed a bill requiring childcare employees to pass a national fingerprint

records check every five years. Lawmakers approved House Bill 350, which requires all childcare center

directors and Department of Early Care and Learning workers to pass the records checks. See article.

Study Highlights Flaws in Arizona’s Criminal Background Records System

The criminal-background-check system that Arizona police, gun dealers and employers rely on is flawed.

Statewide, Arizona is missing disposition information on 33.6 percent of felony arrest counts and 25.1

percent of misdemeanor domestic violence arrest counts according to the report, Arizona NICS Records

Improvement Plan. The Arizona Criminal Justice Commission explained that agencies are not following the

same reporting guidelines and rely on a slow paper-based system. See article.

BAN THE BOX

Campaign for Rhode Island Ban the Box Legislation Features New Video

On March 20th, H5507 was heard in the House Labor Committee. This is the third year that the bill was

introduced. Advocates in favor of the bill featured a video, "Beyond the Box: the Ban the Box Movement in

Rhode Island". See editorial in support, see article. See film project, Indiegogo.

Ban the Box Introduced in Michigan with Support of Fair Chance Coalition

State Representative Fred Durhal Jr. (D-Detroit) and Monica Jahner of the Fair Chance Coalition to Ban the

Box were at a Capitol press conference on March 7th to introduce HB 4366. The bill would prevent

employers from placing a question about felony convictions on an initial job application. See news

coverage.

Ban the Box Introduced in North Carolina

HB 208 was introduced on March 4th and would apply to state employment. See news story. Meanwhile,

Charlotte City Council is considering a measure locally. See article.

Minnesota Legislation Expanding Ban the Box to Private Employers Moving Forward

HF 690, introduced on Feb. 18th, expanding Minnesota’s ban the box to private employers has passed through all committees and is well positioned with bipartisan support. The St. Paul City Council went on

record supporting the bill.

California Ban the Box Needs Support from National and California Organizations

AB 218, which would apply to cities, counties, and state agencies, has its first hearing on April 2nd in

Assembly Judiciary Committee. NELP, a co-sponsor, is seeking letters of organizational support. Sample

letter available here; contact mrodriguez@nelp.org .

RESEARCH

Collateral Consequences of Criminal Convictions: Law, Policy and PracticeOffers Roadmap to the

Restoration of Rights After Conviction

Collateral Consequences of Criminal Convictions: Law, Policy and Practiceby Margaret Colgate Love, Jenny

Roberts, and Cecelia Klingele was released Feb. 21st. This volume is a comprehensive resource for practicing

civil and criminal lawyers, judges and policymakers on the legal restrictions and penalties that result from a

criminal conviction over and above the court-imposed sentence. The text is available for purchase here. A

link to a short video about the text featuring the authors is available here. See press release.

Discredited: How Employment Credit Checks Keep Qualified Workers Out of A Job

Demos’ new study, Discredited: How Employment Credit Checks Keep Qualified Workers Out of A Job draws

on data from D?mos’ most recent National Survey on Credit Card Debt in Low- and Middle- Income

Households, and finds that among low- and middle-income households carrying credit card debt,

employment credit checks are common, people are denied jobs because of credit checks, and people of

color are disproportionately likely to report poor credit.

NELP Criminal Records Bulletin February 2013

FEDERAL UPDATE

FTC Regulates Background Check Mobile Apps

In February 2012, the Federal Trade Commission (FTC) sent letters to providers of mobile apps that provide

background checks warning the companies that this activity may violate the Fair Credit Reporting Act

(FCRA). At least one company, Filiquarian, continued to provide criminal background checks via mobile apps

in violation of FCRA, causing the FTC to file a complaint in 2013. A consent decree was proposed and the FTC

released an analysis of the decree to aid public comment. Notice was placed in the Federal Register on

January 16, 2013. In February, the FTC released a new report on Mobile Privacy Disclosures. Click here to

read Martindale article.

NACDL Restoration Rights Task Force Holds Hearing

The NACDL Task Force on Restoration of Rights and Status After Conviction held a three-day hearing to

explore collateral consequences and relief mechanisms. Experts included NELP’s Federal Advocacy Coordinator, Judy Conti, Amy Solomon from the Department of Justice, and Community Legal Services of

Philadelphia Senior Attorney, Janet Ginzberg, among many others.

Discrepancies in Background Checks for Jobs and Background Checks for Guns

Former chief counsel at the U.S. Maritime Administration and former senior counsel on the House of

Representatives Homeland Security Committee, Denise Krepp, draws attention to the discrepancies

between background checks for port workers and background checks for guns. While the Transportation

Worker Identity Credential (TWIC) program requires workers to pay for the background check and biometric

identification, can take months for the background check to be processed, and creates a national database

of all TWIC holders accessible by employers and police, gun purchasers are not required to pay a fee for the

background check, the check must be completed within 3 days, and the creation of a national database is

prohibited. Krepp notes that those legislators who supported strict background checks for port workers are

often those opposing increased background checks for gun owners. Click here to read Krepp’s article in The

Journal of Commerce. Click here to read NELP’s 2009 report on the TWIC program.

STATES UPDATE

No Support Network for Newly Released California “3 Strikers”

In 2012, Californians voted to amend the state’s “Three Strikes” Law, changing sentencing requirements and

permitting the resentencing of some sentenced to life under the old law. Of the nearly 3,000 eligible for

resentencing, about three dozen have already been released. With no parole or probation to serve, folks

released under the program are given nothing more than $200 in gate money. To ensure people have a

chance at success, Stanford’s Three Strikes Project is working to create re-entry plans using a combination of

public and private services. Read more here.

Ohio Requires Additional Background Checks for Home Health Workers

Ohio’s law regulating background checks for home health workers was amended effective this year. The law

now subjects home health workers to background checks every five years. In addition to criminal

background checks, employers are required to review multiple databases to search for disqualifying

information. The law also created a list of mandatory disqualifying offenses. Read more here.

ARTICLES

Prison and the Poverty Trap

John Tierney, the Findings columnist for Science Times, is exploring the social science of incarceration.

Articles in this series are looking at the effect of current policies on families and communities, and new ideas

for addressing offenses. This article explores the financial impact one man’s incarceration has had on his wife and daughters. Read the article here.

LITIGATION

K-Mart Settles FCRA Violation Case for $3 Million

In a class action brought by Consumer Litigation Associates, The Consumer and Employee Rights Law Firm,

and Christopher Colt North, K-Mart was accused of failing to notify applicants if they were rejected based on

a criminal background check in violation of the Fair Credit Reporting Act. The Court approved a $3 million

settlement for the 64,506 class members on February 4, 2013. The case is Pitt v. K-Mart Corp., Case No. 11-

cv-00697, U.S. District Court for the Eastern District of Virginia. Read more here.

NELP Criminal Records Bulletin January 2013

FEDERAL

Gun Control Debate and Background Checks

Federally-licensed gun sellers are not allowed to sell a firearm without a completed review by the National

Instant Criminal Background Check System. More than a million people failed background checks to buy

guns during the past 14 years because of criminal records, drug use or mental health issues, according to FBI

figures. See article. The "universal background checks" now being pushed by some gun control supporters is

meant to close loopholes on checks at gun shows and other private sales. Federal law does not require

background checks for "private transactions," like sales at gun shows. Many states have their own statutes

requiring such checks for private sales. See article. See President’s plan on reducing gun violence, Now is

the Time. See ACLU recommendations.

STATES UPDATE

Massachusetts Legislation Expanding Criminal Background Checks on School Employees

On Jan. 10th

Governor Patrick signed H4307, which requires teachers, child care workers, school bus drivers,

or persons seeking to adopt or become foster parents to submit fingerprints for a national background

check. Under the previous law, fingerprints were not required and only a Massachusetts Criminal Offender

Record Information check was done. All newly hired teachers, bus drivers and other school employees who

may have direct unsupervised contact with children are required to undergo the national background check

before the start of the 2013-2014 school year. All current employees must undergo the background check

prior to the start of the 2016-2017 school year. See press release.

Big-business Lobby Supports Criminal Justice Reform in Texas

In a significant shift in lobbying clout, Texas’ most powerful business group has decided to make criminal-justice reforms a key focus of its priorities for legislative action, seeking ways to spend taxpayer money more

efficiently and to improve the state’s economic future. Bill Hammond, president of the Texas Association of Business, said the group plans to push to expand successful rehabilitation and community-based corrections

programs; to change Texas’ drug-sentencing laws to put more low-level offenders in local treatment

programs and reduce penalties for small amounts of drugs; and to modify state licensing laws that keep

some people with records from ever becoming certified for various trades. See article.

BAN THE BOX

Ban the Box Already Exists in the City of Fayetteville

Cumberland County Commissioner Charles Evans urged Fayetteville City Council to join the County and the

town of Spring Lake in removing the conviction history question from the municipality’s employment applications. “It’s taken off the application in hopes of giving individuals the opportunity to feel like they are getting an equal footing in applying for a job,” Evans said. It turns out, however, the city’s Human Resources Department decided to make the change last year. The change was made on city job applications, effective

July 1, consistent with the new guidelines by the Equal Employment Opportunity Commission. See blog.

City Council of Tampa Florida Passes Ban the Box

On Jan. 10th

, the city council of Tampa passed a ban the box ordinance 6-1 applying to city employment. The

ordinance states that the City of Tampa may not disqualify a candidate for employment solely because of a

criminal conviction. The City will not perform a background check until an applicant is selected as a

finalist. If the finalist is found to be ineligible for the position, the finalist will be notified and then have 5

business days to respond in writing. Ordinance No. 2013-3 available on p. 62 of link.