tag:blogger.com,1999:blog-8597101.post3387189257812142124..comments2024-03-25T20:06:39.794-05:00Comments on Grits for Breakfast: State by state database of collateral consequencesGritsforbreakfasthttp://www.blogger.com/profile/10152152869466958902noreply@blogger.comBlogger12125tag:blogger.com,1999:blog-8597101.post-67046835253423544432012-10-05T14:33:15.028-05:002012-10-05T14:33:15.028-05:00Grits - sorry if this is too late, I should have c...Grits - sorry if this is too late, I should have checked earlier. Trust me - that's how it works. (Full disclosure - I am a consultant on the project). The "all felonies" and "all misdemeanors" categories return consequences that may be potentially triggered by ANY felony or ANY misdemeanor only. Consequences that are only triggered by a subset of crimes are coded according to the subject matter category for the crimes listed. So, if you've got a felony sex crime conviction, you have to search both "all felonies" (to get those crimes for which any felony can be a trigger) and "sex offenses" (for those triggered only by felony AND misdemeanor sex offenses, or by felony and misdemeanor sex offenses and certain other categories (e.g., violence). Gray R. Proctorhttp://www.appealsandhabeas.comnoreply@blogger.comtag:blogger.com,1999:blog-8597101.post-45759577241924078212012-10-04T02:26:20.130-05:002012-10-04T02:26:20.130-05:00Cheap Wholesale Snapback Hats
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The law needs adjustment.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-8597101.post-52310372210043689362012-09-27T23:13:15.971-05:002012-09-27T23:13:15.971-05:00I'm curious what some of think is the answer t...I'm curious what some of think is the answer to all this. As an employer who went out of my way to hire such types, and they were often great employees until faced with stressful situations at home or work, it limited who I could do business with too.<br /><br />And as far as the studies suggesting evidence that repeat offenders are less likely to commit another crime, I suggest that such people may well have just learned how to game the system better. As the other fellow said, all else being equal, it is a lot easier to hire someone with a clean record, ask any insuring company for example.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-8597101.post-31556571608614995262012-09-27T09:24:32.921-05:002012-09-27T09:24:32.921-05:00In a booming economy things would be different. T...In a booming economy things would be different. There is not much chance of hiding even a deferred adjudication, in spite of what defense attorneys tell you. Forget about this Christian forgiveness, it only applies on Sunday morning. In the real world, people have not changed much, love to burn a witch. Due to over criminalization, the witch population is growing. You plead, you bleed, GREEN!Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-8597101.post-66101785529420271782012-09-27T00:57:58.092-05:002012-09-27T00:57:58.092-05:00Most every company today completes a background ch...Most every company today completes a background check and there is no hiding! You play, you pay...but peddy crimes, particularly drug related shouldn't prevent employment long term for qualified applicants.It robs everyone.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-8597101.post-52942223575252415372012-09-26T09:17:32.930-05:002012-09-26T09:17:32.930-05:00Hiring Manger proves my point--doesn't matter ...Hiring Manger proves my point--doesn't matter if it is relevant; if you have a record, you're screwed. <br /><br />That's why I tell people not to divulge their record. If you say you have a record, you won't get hired. If you say you are clean and get caught, you may get fired for "lying on your application" but you are no worse off. The end result is the same--no job. Prison Dochttps://www.blogger.com/profile/03651611135066437902noreply@blogger.comtag:blogger.com,1999:blog-8597101.post-4952189255837430332012-09-26T05:44:31.453-05:002012-09-26T05:44:31.453-05:00Gray, I'm pretty sure you're wrong. "...Gray, I'm pretty sure you're wrong. "misdemeanor crimes of violence" sounds to me like a subset of "any misdemeanor," not a separate category.<br /><br />10:42, I understand why you'd make that choice, but it's short-sighted. Over time, it deprives employers of valuable human capital. Five years after a drug charge that datapoint isn't really useful information.<br /><br />According to an analysis on the topic <a href="http://www.ojp.gov/nij/journals/263/hazard-rate.htm" rel="nofollow">by the National Institute of Justice</a>: "The probability of new arrests for first offenders declines with time from first arrest and eventually becomes lower than that of the general population. For those in the general population who were first arrested in 1980, the probability of being re-arrested decreased steadily the longer they stayed clean of further involvement with the criminal justice system. They can be compared to the general population, which mostly includes people never before arrested, as well as to those recently released from prison, who have a high risk of re-arrest. The probability of re-arrest of the 1980 arrestees who stayed clean eventually dropped below that of other people of the same age. For those first arrested for burglary at age 18 years, in 1980, the crossover occurred 3.8 years later at age 21.8. If their first arrest was for aggravated assault, crossover occurred 4.3 years later at age 22.3, and if the arrest was for robbery, it was 7.7 years later at age 25.7. The probability of re-arrest at each of these crossover points was slightly less than 10 percent." See the useful graphic at the link above.Gritsforbreakfasthttps://www.blogger.com/profile/10152152869466958902noreply@blogger.comtag:blogger.com,1999:blog-8597101.post-6474739163402537062012-09-25T22:42:03.427-05:002012-09-25T22:42:03.427-05:00I'm a hiring manager. I have two applicants e...I'm a hiring manager. I have two applicants equal in all regards. One has a clean record, the other got popped 5 years ago with some coke, plead guilty, completed deferred adjudication. I go with the guy without the record. The guy with the record, in today's employer's market is essentially unemployable. Don't plead unless you work for yourself or are planning to...Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-8597101.post-37559405366853646552012-09-25T20:34:36.214-05:002012-09-25T20:34:36.214-05:00Note that Grits's search for "all misdeme...Note that Grits's search for "all misdemeanors" only tells you the CC's that may potential be triggered by ANY misdemeanor, depending usually on how "related to employment" or similar is interpreted. Those that can be triggered only by, e.g., misdemeanor crimes of violence are not included in that count.<br /><br />Gray R. Proctorhttp://www.appealsandhabeas.comnoreply@blogger.comtag:blogger.com,1999:blog-8597101.post-90383927705213744222012-09-25T18:05:07.342-05:002012-09-25T18:05:07.342-05:00The court of criminal appeals last Wednesday denie...The court of criminal appeals last Wednesday denied review of a Padilla type case in which I claimed ineffective assistance of counsel for failing to inform client of the possibility of violent sex offender civil commitment.<br />It looks like the Texas courts as usual are going to read Supreme Court caselaw as narrowly as possible if it helps defendants and as broadly as necessary if it helps the state.Tom Morannoreply@blogger.comtag:blogger.com,1999:blog-8597101.post-91607389987121423582012-09-25T17:01:24.413-05:002012-09-25T17:01:24.413-05:00To me this is one of the biggests "betes noir...To me this is one of the biggests "betes noires" of the justice system, especially for those who have lighter felony sentences. Or even misdemeanors. I have harped for a long time about how a huge, unemployable underclass is developing through these "collateral consequences" and the easy availability of background checks. The obvious "sensible restrictions"mentioned--like no embezellers working in banks, no child molesters working in day care--but when you keep youthful drug offenders from working as cooks, 3rd DWI offenders from working as roughnecks--well, you are really lubricating the revolving door back into crime.<br /><br />I advise felon job seekers to hide their past if at all possible, the usual advice to "Be honest and ask for help making a fresh start" fails almost 100% of the time.<br /><br />I don't know what the answer is. Prison Dochttps://www.blogger.com/profile/03651611135066437902noreply@blogger.com