Exploring Moral Principles and Economic Innovations to Restore Rights and Opportunity

In August 2018, NACDL hosted its 17^th Annual State Criminal Justice Network Conference and 2^nd Annual Presidential Summit in Atlanta, Georgia. The Conference examined the destructive effect that a vast network of penalties, debarments, and disabilities following a criminal conviction has on the millions of people who have come in contact with the criminal justice system. [Released June 2019]

Almost any drug offense - including marijuana possession - can lead to deportation. A drug offense can prevent an undocumented immigrant from getting status or result in deportation for a lawful permanent resident who has lived in the U.S. for decades. This webinar will help defense counsel meet their duty under Padilla by providing an overview of the immigration consequences of drug offenses and offer strategies to avoid or minimize those consequences.

Domestic violence and related offenses including child abuse, neglect, and abandonment and violation of a protective order can carry immigration consequences for both undocumented persons and persons with lawful immigration status. This webinar covers the immigration consequences that domestic violence and related offenses have upon different immigrants and discuss how to avoid or minimize such consequences. The webinar also covers a related topic—the immigration consequences of violent offenses, including in non-DV cases.

The U.S. Supreme Court held in Padilla v. Kentucky that criminal defense attorneys have a Sixth Amendment duty to advise clients about immigration consequences of their criminal cases, and that failure to do so is ineffective assistance of counsel. With record numbers of immigrants being deported for relatively minor criminal offenses, it is imperative that anyone representing noncitizens understand basic concepts regarding the interplay between immigration and criminal law and be aware of emerging issues.

In Part II of the discussion on Race and Collateral Consequences, we explore how the use of “moral character” clauses, like those used in state bar licensing, can prevent individuals with convictions from participating in the legal profession. We also discuss a range of restrictions to entrepreneurial ventures that people with criminal convictions face that range from limiting a person’s ability to access capital through loans to barring participation in the legal, regulated cannabis industry.

In celebration of Second Chance Month in April, NACDL hosts the first of two discussions on race and collateral consequences. Panelists discuss the long-term impacts of criminal convictions, the specific harm that collateral consequences have caused to communities of color, and what it will take to meaningfully change this system.

Collateral Consequences: Practice presented by Amanda David, Assistant Federal Defender, Federal Public Defender of Eastern District New York

Race Matters I: The Impact of Race on Criminal Justice
September 14-15, 2017 | Detroit, MI

Collateral Consequences: Policy presented by David Singleton, Executive Director, Ohio Justice & Policy Center

Race Matters I: The Impact of Race on Criminal Justice
September 14-15, 2017 | Detroit, MI

The S Visa is a special program designed to allow law enforcement to provide legal status to remain in the U.S. to non-citizens cooperating with investigations and prosecutions, in exchange for that cooperation. This report and its recommendations shine the light on the failure of government to properly administer the S Visa Program. Currently, eligible individuals who might provide information and cooperation are discouraged, and their attorneys find themselves unable to assure clients of the government’s ability to timely follow through on the exchange. [Released June 2021]

A Roadmap to Restore Rights and Status After Arrest or Conviction

Between 2012 and 2014, NACDL’s Task Force on Restoration of Rights and Status After Conviction embarked on a study of relief mechanisms available to those with a conviction on their record on the local, state and federal level. At an event at the Open Society Foundations in Washington, DC, NACDL released a major new report that comprehensively explored the stigma and policies relegating tens of millions of people in America to second-class status because of an arrest or conviction. [Released May 2014]

The undersigned organizations are committed to expanding voting rights to all citizens including people with felony convictions completing their sentences both inside and outside of incarceration. We applaud the introduction of New Mexico’s voting rights act, HB4, which, amongst other things, would end New Mexico’s practice of disenfranchising people on probation and parole. We urge passage of this measure. We also encourage the New Mexico legislature to go further and guarantee the right to all citizens regardless of their incarceration status.

Links to significant reports and research on sex offense laws, sex offender registries and notification laws, and reforms

NACDL Releases Conference Report: “Shattering the Shackles of Collateral Consequences” -- Washington, DC (June 4, 2019) – On August 23–25, 2018, the National Association of Criminal Defense Lawyers (NACDL) hosted its 17^th Annual State Criminal Justice Network (SCJN) Conference and 2^nd Annual Presidential Summit in Atlanta, Georgia. The Conference — Shattering the Shackles of Collateral Consequences: Exploring Moral Principles and Economic Innovations to Restore Rights and Opportunity — examined the destructive effect that a vast network...

NACDL successfully opposed the creation of a public felony registry in Indiana.