Although federal law allows individuals to defer convictions and prison sentences upon completion of court-enforced probation programs and other provisions, the provision of such relief is limited to individuals under the age of 21. is largely limited to first-time drug possession offenses committed by individuals. While certiorari laws are widely available, other states limit such relief to special cases such as drug courts. Business Roundtable supports expanded deferred sentencing policies and Congressional reforms that would allow federal courts to avoid convictions, prison sentences, and expand expungement for a broader group of defendants.
A criminal record can close off an individual's economic opportunities and life prospects. But of the millions of Americans eligible for criminal record expungement and other relief, only a fraction complete the petition process. Research shows that individuals whose criminal records are sealed or expunged earn significantly more wages and are less likely to commit crimes over time than the average adult. Business Roundtable supports the Clean Slate Act of 2019, which would automatically expunge certain nonviolent federal records.
Criminal records reform, such as limiting the distribution of records in judicial certificates and background checks, also provides important rehabilitation aid. Business Roundtable supports the Reentry Act of 2019, which gives federal courts the authority to issue certificates of rehabilitation for certain federal crimes. The Business Roundtable also supports reforms to the Fair Credit Reporting Act that would restore the seven-year limit on the distribution of conviction records by credit bureaus, which currently applies only to non-conviction records.
Research shows that nearly 9 out of 10 employers require applicants to undergo background checks, and a criminal record can cut your chances of being recalled in half. As a result of these and other challenges, the unemployment rate for the 5 million formerly incarcerated Americans was 27% even before COVID-19, higher than at any point in U.S. history, including the Great Depression. . Many Business Roundtable companies have adopted “Ban the Box” as a hiring best practice, even in states without legislation. Business Roundtable supports the passage of “Ban the Box” legislation in all states that would require criminal background checks to be removed from employment applications.
Federal and state employment laws and regulations require that individuals convicted of certain crimes obtain occupational licenses without regard to the person's professional qualifications, the nature of the crime, or the amount of time that has elapsed since the crime was committed. or working in certain fields. While such restrictions are properly aimed at maintaining public safety, they are unduly restrictive, given the disproportionate number of people of color in the criminal justice system, and are It can perpetuate disparities between species. In fact, research shows a link between onerous state licensing laws and recidivism. Business Roundtable supports reform of federal and state statutes that prohibit the employment or licensure of individuals convicted of certain crimes unrelated to public safety or placed on pretrial diversion. .
States are increasingly imposing fines and fees on law enforcement personnel to cover, for example, pretrial detention, legal defense, restitution, and post-incarceration supervision. Failure to pay can lead to driver's license suspension and re-imprisonment, penalties that disproportionately impact poor Americans and people of color. Only a small percentage of prisoners earn an income while incarcerated, and half report no income for the first year after incarceration, making repayment and reintegration difficult and increasing the risk of recidivism. Debt accumulation can become permanent. Business Roundtable supports the State Justice Improvement Act of 2020, which provides technical assistance to states to create fairer justice system fee structures. Business Roundtable also supports the Driving Opportunity Act of 2021, which would encourage states to repeal laws that suspend driver's licenses for unpaid legal fees.
