"Working to
Build A Better Community"
"The
probability that we may fail in the struggle ought not deter us from the
support of a cause we believe to be just."
~ Abraham Lincoln
EX-OFFENDER HOUSING DISCRIMINATION
THE BIG PICTURE: REALITY IN THE U.S.
THE REALITY IN MASSACHUSETTS
Current
Re-entry Programs
Sample Re-entry Pathways
Recidivism
Homelessness
Social/Legal
Barriers
Personal Barriers
THE LAW IN MASSACHUSETTS
COMMUNITY RESOURCES IN
MASSACHUSETTS
PROGRAMS IN OTHER STATES
SOCIAL/LEGAL BARRIERS TO
RE-ENTRY
▼COLLATERAL
CONSEQUENCES /
▼LOSS
OF STATE RIGHTS /
▼RESTORATION
OF STATE RIGHTS/REMOVAL OF DISABILITIES
/
▼LOSS
OF FEDERAL RIGHTS /
▼RESTORATION
OF CIVIL RIGHTS/ REMOVAL OF DISABILITIES UNDER FEDERAL LAW
/ GLOSSARY
Upon release from prison, ex-offenders confront a multitude of hurdles. There is currently a push by the American Bar Association’s (ABA) Criminal Justice Section to propose new solutions to deal with the legal barriers that ex-offenders face. Policymakers are also beginning to take proactive steps to address issues of prisoner re-entry.
The Department of Justice has conducted a state-by-state survey describing rights that are withheld from ex-offenders upon their release. Even after ex-offenders have ‘paid their debts to society’ the survey shows that ex-offenders continue to pay for their crimes during re-entry. For years following their release, ex-offenders must still grapple with the pervasive social stigma and the legal barriers that limit their participation in society.
Collateral Consequences
Legal Barriers that Ex-offenders
Face Post-release
After an offender has served
his or her sentence, both federal and state laws impose limitations on a
convicted felon. These laws are discussed as “collateral consequences” in
re-entry literature and defined as “burdens that follow [an ex-offender]
from conviction, in addition to any prison sentence, probation, or fine
imposed by a court.”
For those who have been convicted of committing a felony, one of the consequences of taking on the status of an ex-offender upon release from prison is disenfranchisement. According to the Social Justice journal, almost four million adults are currently or permanently prevented from voting due to their status as ex-offenders.” This impacts legislators' accountability because they will be less likely to consider ex-offenders' needs in making their voting decisions. In this way, ex-offenders become a politically voiceless class.
In the U.S., it is largely people of color who receive convictions and ultimately lose their right to vote. In 2000, 1.4 million African American men were “not eligible to vote because of criminal convictions, a figure seven times the national average.”
In Massachusetts, the state legislature has enacted other measures that restrict the rights of ex-offenders. These are rights that other citizens take for granted including the right to vote, to have jury duty and to acquire certain public sector jobs. The federal government puts similar limitations on ex-offender rights. A summary of the limitations placed on these state and federal rights are described below. The restoration of these rights is discussed at the end of this section. For a complete version of Civil Disabilities of Convicted Felons: A State By State Survey, please click here.
Loss of State Rights
- Right to vote:
- The right to vote is not lost due to conviction. However, you do not have the right to vote if you are incarcerated in a correctional facility due to a felony conviction.
- Mass. Gen. Laws Ann. ch.51 § 1 (West 2004); Mass. Const. art. III.
-
According the U.S. Constitution, the
right to vote is determined by state law.
-
U.S. Const. art. I, § 2, cl. 1;
art. I, § 4; art. II, § 1, cl. 2; amend. XVII.
-
U.S. Const. art. I, § 2, cl. 1;
art. I, § 4; art. II, § 1, cl. 2; amend. XVII.
- Jury Duty:
- If you have been convicted of a felony within the past seven years, you cannot perform jury service.
- Mass. Gen. Laws Ann. ch. 234A, § 4(7) (West 2004).
- If you are convicted of a crime that requires serving prison time of at least one year, you may be removed from a jury you are placed on in any particular case or your name may be stricken from the jury list entirely.
-
Mass. Gen. Laws Ann. ch. 234, § 8
(West 2004).
- Job limitations:
- If you have been convicted of a felony, you cannot be appointed as a peace officer.
- Mass. Gen. Laws Ann. ch. 41, § 96A (West 2004).
- If you have been convicted of a felony or misdemeanor where you served time in prison, you cannot become a correctional officer.
- Exception:
- For lower-ranking employees, the commissioner of the Department of Correction can certify that the appointment of an ex-offender will contribute substantially to the work of the department.
- Mass. Gen. Laws Ann. ch. 125, § 9 (West 2004).
- If you have been convicted of a felony, you cannot be appointed to be an inspector in the Department of Public Safety.
- Mass. Gen. Laws Ann. ch. 22, § 6A. (West 2004).
Restoration of
State Rights/Removal of Disabilities
- If granted a pardon by the Governor, your records of a state conviction can be sealed with the advice of the Governor's Council. The general court has the power to determine any terms or conditions upon which a pardon may be granted.
- Mass. Const. pt. 2, ch. 2., § 1, art. VIII (West 2004); Mass. Gen. Laws Ann. ch. 127, § 152 (West 2004).
- If your record is sealed, you can deny the existence of the conviction, answering ‘no record’ to any questions of prior arrests, criminal court appearances, or convictions.
-
Mass. Gen. Laws Ann. ch. 276, § 100A
(West 2004).
- Ex-Offender Rights:
- A private employer is not allowed to ask you about certain misdemeanor convictions, but can ask about felony convictions.
- Mass. Gen. Laws Ann. ch. 151B, § 4(9) (West 2004) .
- For civil service jobs, you do NOT have to provide information about exempted misdemeanors, or about misdemeanors or felonies that did not result in court appearances, were dismissed for lack of prosecution, or for which the defendant was found not guilty.
- Mass. Gen. Laws Ann. ch. 31, § 20 (West 2004).
Loss of Federal
Rights
In addition to the state’s
post-release burdens, the Federal government also imposes restrictions on
ex-offenders; a number of these are condensed below:
- Right to serve on a federal jury:
- If you have been convicted in federal or state court of a crime that has a minimum sentence of more than 1 year, you are disqualified from serving on a federal grand or petit jury.
-
28 U.S.C. § 1865(b)(5) (West
2004).
- Right to hold federal office or employment:
- You are able to hold elected federal office if you have been convicted of a crime.
- U.S. Const. art. I, 2, 3; art. II, 1; art. VI. 2 (West 2004).
-
However, there are some convictions
that make you ineligible for holding office (i.e. if you commit treason
18 U.S.C. 2381 (West 2004)).
- Denial of Federal benefits:
- If you have committed 3 drug-trafficking offenses, upon your third conviction, the denial of benefits (except for those listed below) is mandatory and permanent. However, the period of ineligibility shall be suspended if you complete a supervised drug treatment program
- 21 U.S.C. § 862(a)(1)(C) (West 2004).
- The maximum authorized period to deny benefits is shorter if you committed a drug-possession offense (1yr) as compared with a drug-trafficking offense (5yrs)
- 21 U.S.C. § 862(b) and 21 U.S.C. § 862(a) (West 2004).
- Benefits that are denied do NOT include: any qualified drug treatment program, retirement, Social Security, health, disability, veterans benefit, public housing, or other similar benefit, or any other benefit for which payments or services are required for eligibility; and
- Housing:
- If you live in federally funded public housing and are the tenant, you will be evicted if you participate in any criminal activity. You will also be evicted if any member of the tenant’s household or any guest or person who is under the tenant’s control participates in criminal activity.
- 42 U.S.C. § 1437f(d)(1)(B)(iii); 42 U.S.C. § 13661-13662 (West 2004).
- You may also be evicted if you violate a condition of parole or probation
- 42 U.S.C. § 1437f(d)(1)(B)(v)(II) (West 2004).
- If you have to register for a sex offense, then you are NOT eligible for federally assisted housing.
- 42 U.S.C. § 13663 (West 2004)
- Food Stamps and Temporary Aid to Needy Families (TANF)
- In some states, if you were convicted of a federal or state felony after August 22, 1996 for the possession, use, or distribution of drugs, you are NOT eligible to receive food stamps or temporary assistance to needy families. In addition, if your family receives TANF, then the amount that your family receives is reduced proportionately.
- 21 U.S.C. § 862a(a) (b), (d)(2) (West 2004).
- Education
- If you are convicted of a federal or state offense for the possession or sale of drugs, then you cannot receive any grant, loan, or work assistance for higher education
- If you are convicted of your first offense for the sale of drugs, then this denial only applies for two years after the conviction
- 20 U.S.C. § 1091(r) (West 2004).
For the full text of Federal Statutes Imposing Collateral Consequences Upon Conviction, please click here.
Restoration of Civil Rights/Removal of Disabilities Under Federal Law
- A presidential pardon will most often restore civil rights that were lost as a result of a federal conviction. However, there is no federal statutory procedure to have your civil rights restored.
- Also, the loss of civil rights is based on state law and those rights can be restored through state protocol.
- See Ex parte Garland, 71 U.S. 333 (1866); Opinions of the Office of Legal Counsel, United States Department of Justice, June 19, 1995, Effects of a Pardon. See also Carlesi v. New York, 233 U.S. 51 (1914).