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ABA Study of Collateral Consequences for Criminal Convictions

Award Information

Award #
Funding Category
Funding First Awarded
Total funding (to date)

Description of original award (Fiscal Year 2009, $707,924)

Collateral sanctions and discretionary disqualifications for criminal behavior may be punitive and intended to impose costs or regulatory and intended to protect communities. These sanctions and disqualifications impact an individual's chances of successfully re-entering his/her community and avoiding recidivism. In most jurisdictions one cannot readily find a comprehensive inventory of the sanctions and disqualifications that are imposed as a result of convictions, or the provisions for relief from these consequences. Without knowledge as to the actual scope of sanctions and disqualifications, it is difficult if not impossible to determine whether they should be retained, modified, or abolished. The ABA will compile a comprehensive inventory of the collateral consequences of criminal convictions in the laws and practices of federal, state, and territorial jurisdictions. ABA will employ three primary approaches: (1) direct review of statutes and regulations, (2) contact with public agencies in each jurisdiction to identify local rules and regulations that might not be readily accessible, and (3) a survey of legal professionals in each jurisdiction who have actual experience with sanctions and disqualifications.

All provisions will be categorized by offense type, consequence type, duration of each consequence, and any specific routes to relief from the consequence.

Date Created: September 9, 2009