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12.6.06 - New York Times Article: The U.S. Supreme Court held that
non-citizens cannot automatically be deported when they are convicted of
drugs crimes which are felonies under state law but misdemeanors under
federal law. --
Click here to read more
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11.9.06 - Press Release: New York State Bar Association calls for
Sweeping Reform to Help Integrate Former Offenders Back Into Society.
Adopting a report by the Bar Association's Special Committee on
Collateral Consequences of Criminal Proceedings, the NYSBA adopted
reforms intended to lower recidivism and increase public safety.
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Click here to read more
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10.18.06 - Upcoming Event: Forum on Prisoner Re-Entry and
Collateral Consequences of Criminal Charges. Sponsored by the City
Bar Justice Center and the New York City Bar Association, this exciting
program will include a panel discussion on the roadblocks to re-entry
and reintegration into society of persons with criminal records and a
substantive training on legal methods for overcoming these roadblocks:
reviewing rap sheets, obtaining certificates of relief or good conduct,
challenging employment discrimination, and appealing denials of public
housing -- Click here to read more
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10.17.06 - Article in the New York times detailing the difficulties in
expunging criminal records. The article focuses on the difficulty
of deleting information in private databases used by employers and other
interested persons for backgrounds checks.
Click here to read more
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8.28.06 -
The
defendant moved to withdraw his guilty plea alleging, in part, that his
counsel incorrectly advised him that his plea would not affect his
immigration status. The Criminal Court of New York County denied the
defendant's motion finding, in part, that he failed to "provide . . .
facts that would convince this court that had he known of the
immigration consequences at the time of his plea those potential
consequences would have overridden his desire for immediate release" --
Click here to read more
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7.24.06
- Defendant claimed that his counsel incorrectly appraised him of the
deportation consequences of his plea. Following a hearing, the Supreme
Court, Richmond County, denied Defendant's motion to withdraw his plea,
finding that the advice he did receive was essentially correct. The
court went on to recommend that "criminal practitioners, as well as
courts, more thoroughly familiarize themselves with the immigration
consequences of criminal actions."
Click here to read more
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6.30.06 -
Although not unsympathetic to the plight of
the defendant and other non-citizens subject to removal or deportation
after decades of residence in the United States, the Second Department
denied the defendant's motion to vacate his plea to a misdemeanor drug
possession charge. The guilty plea will most likely lead to the
defendant's deportation --
Click here to read more
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6.1.06 -
After serving 11 years in prison for armed robbery, during which
Petitioner learned to be a barber, Petitioner was denied a barber's
license as a collateral consequence of his conviction. Petitioner
"won" a 6-year legal battle as a New York Supreme Court Justice found
for him in an Article 78 proceeding; but Petitioner died from HIV during
pendency, forcing the judge to declare the case moot --
Click here to read more
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5.8.06 -
Report from NYCLA: this report expands the focus of collateral
consequences to non-criminal adjudications (i.e. petty
offenses, such as disorderly conduct), expressing concern about
searchable databases that make non-criminal history readily available
--
Click
here to read more
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5.1.06 -
Report from NYSBA: following findings about recidivism, barriers to
re-entry, and consequences that stem therefrom, this report details the
problems and makes specific recommendations. The report examines
separately the issues of employment, education, benefits, financial
penalties, housing, family, civic participation and immigration
--
Click
here to read more
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2.23.06 -
Article
from the front page of the New York Times tracks the collateral
financial consequences of criminal charges through a variety of examples
nationwide -- Click
here to read more
