Relieving Collateral Consequences Daniel Bowes Staff Attorney

Individuals with Criminal Records 1.6 Million in North Carolina (1 in 5 adults) have a criminal record In 2012, 148 individuals were released from prison to Orange County.  93% Male  60% African-American  34% were unemployed at time of arrest  72% did not graduate from high school As of Dec. 31, 2012, 672 individuals were on probation or some other supervision in Orange County.  78% Male  43% African-American

Collateral Consequences Explained Civil Disabilities (imposed by statute) Attach at the time of conviction Direct (incarceration, probation, fine) v. Collateral Imposed by hundreds of state and federal statutes Often unknown to defendants at plea Impacts are severe, far-reaching, and long-lasting Private Bias Individuals with criminal records are often treated as second class citizens Questions of arrest and conviction asked in applications for private employment and housing 92% of employers do background checks Both types of collateral consequences serve as barriers to reentry  Facilitate high rates of recidivism

Immigration Housing Foster Care/Adoption Foster Care/Adoption Jury Duty Occupational License Occupational License Public Office Financial Aid Public Benefits Public Employment Drivers License Hunting License Child Custody Child Support Termination of Parental Rights Workers Compensation Unemployment Insurance License plate Voting Military Service Firearm Permit A Sample of Civil Disabilities in NC The UNC School of Government has catalogued each of the civil disabilities triggered by a criminal record in North Carolina. There are approximately The Collateral Consequences Assessment Tool (CCAT) is publicly available at:

Housing Authority Violent Crime Exclusion Period Drug-related Activity Exclusion Period Other standards Asheville 5 years Chapel Hill 10 years15 years Crime indicating threat or negative influence- 5 years Charlotte 7 years Durham 3-5 years Fayetteville 5 years Greensboro 5 years Greenville 5 yearsFelony conviction- 5 years Raleigh 5 years Felony charge- 7 years Wake County Felony charge involving drugs or violence- 5 years Misdemeanor charge involving drugs or violence- 3 years Wilmington 5 years Winston- Salem Felony charge involving drugs or violence- 5 years Misdemeanor charge involving drugs or violence- 3 years A Survey of NC Housing Authorities' Criminal Exclusion Policies

Effect of Incarceration on Employment What Influences Employers? 2 in 3 men were working/financial contributors before incarceration. Incarceration reduces annual employment by more than 2 months and reduces yearly earnings by 40 percent. As of Dec. 31, 2012, 57% of those on probation in Orange County were unemployed. 92% of employers now conduct criminal background checks. What influences employers:  Arrests- 64% of employers are influenced  Non-violent misdemeanors- 97%  Violent misdemeanors- 99%  Felonies- 100% of employers influenced Inaccuracy of criminal background reports: 25% include errors serious enough to employment Mug shot extortion Employer Bias

THE MARK OF A CRIMINAL RECORDTHE MARK OF A CRIMINAL RECORD, DEVAH PAGER, PRINCETON WHILE THE RATIO OF CALLBACKS FOR NON OFFENDERS RELATIVE TO EX-OFFENDERS FOR WHITES IS 2:1, THIS SAME RATIO FOR BLACKS IS NEARLY 3:1. THE EFFECT OF A CRIMINAL RECORD IS THUS 40% LARGER FOR BLACKS THAN FOR WHITES. Racial Disparities in the Impact of a Criminal Record

Impact: Recidivism “Although no one supports ‘coddling criminals,’ society has a strong interest in preventing recidivism.” -Uniform Law Comm. The three pillars of successful reintegration are gainful employment, stable housing, and family supports. Isolated from these opportunities by collateral consequences, individuals with criminal convictions are more likely to recidivate.

Redemption Time

Available Relief is Limited Expungement  Offense committed before Age 18/21  Charges not resulting in conviction  First-time nonviolent offense After 15 years Certificate of Relief  Low-level first-time felony Civil Rights Act of 1964*  Title VII-Employment  Nexus between criminal record and job duties  Title VIII- Housing  Nexus between criminal record and housing Fair Credit Reporting Act  Authorization and notice of adverse action

How Can the Town of Chapel Hill Act? PROMOTE AND/OR REQUIRE REASONABLE USE OF CRIMINAL HISTORIES BY:  Chapel Hill Department of Housing  Private Landlords  Town of Chapel Hill  Private Employers  Chapel Hill Police Dept/Orange County Sheriffs Dept Potential Efforts include: 1. Reasonable Criminal History Exclusion Policy for Public Housing 2. Promote Hiring for Public Jobs 3. Robust Ban the Box Policy 4. Anti-discrimination Ordinance 5. Promote Hiring by Private Employers 6. Limit Availability of Mug Shots 7. Establish a Local Reentry Council