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ACCESS TO CRIMINAL RECORDS & EXPUNCTION

ACCESS TO CRIMINAL RECORDS & EXPUNCTION. * Lahny R. Silva. Identifying the Issue. Acquittals Dismissals Misdemeanors Felonies. Consequences of a Criminal History. Employment Devah Pager, The Mark of a Criminal Record , 108 Wis . L. Rev 617 (2005);

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ACCESS TO CRIMINAL RECORDS & EXPUNCTION

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  1. ACCESS TO CRIMINAL RECORDS & EXPUNCTION *Lahny R. Silva

  2. Identifying the Issue • Acquittals • Dismissals • Misdemeanors • Felonies

  3. Consequences of a Criminal History • Employment Devah Pager, The Mark of a Criminal Record, 108 Wis. L. Rev 617 (2005); Devah Pager & Bruce Western, Department of Justice, National Institute of Justice Grant, Investigating Prisoner Reentry: The Impact of Conviction Status on the Employment Prospects of Young Men at 20 (October 2009); Harry J. Holzer, Steven Raphael, & Michael A. Stoll, Will Employers Hire Ex-Offenders? Employer Preferences, Background Checks and Their Determinates (October 2001).

  4. Consequencesof a Criminal History cont’d • Housing - Lynn M. Clark, Landlord Attitudes Toward Renting to Released Offender, 71 Fed. Probation 20 (2007); - 42 U.S.C. § 13661(c)(2000) ~ “reasonable time - “any activity that threatens the health, safety, or right to peaceful enjoyment of the premises by other tenants or any drug-related criminal activity on or off such premises, engaged in by a public housing tenant, any member of the tenant’s household, or any guest or other person under the tenant’s control, shall be cause for termination of the tenancy.”; - Department of Housing and Urban Development v. Rucker, 535 U.S. 125, 127-28 (2002).

  5. Existing WI Statutes • Wisconsin Statutes § 938.355(4m) – Juvenile & reached 17 years of age; • Wisconsin Statutes § 973.015(a)-(b) – Juvenile & committed offense prior to attaining 25 years of age; • Pardoning power – no expungement.

  6. State Statutes Governing Expungement of Acquittals • Illinois - 20 ILCS 2630/5(h)(1); • Ohio Revised Code Section 2953.32(B)(1); • Florida - 943.0585 - expunction; 943.059 – sealing; 943.0581 – administrative expunction.

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