Collateral Consequences of Criminal Convictions

Thomas Gallagher Candace Mance

Things Impacted by Collateral Consequences

l  Immigration Status l  Rental Housing l  Public Housing l  Foster Care/Adoption l  Jury Duty l  Occupational License l  Public Office l  Financial Aid

l  Public Benefits l  Public Employment l  Private employment l  Driver’s License l  Hunting License l  Voting l  Military Service l  Firearm Possession

HOUSING

This information applies only to WNC – contact your local Public Housing Agency for local rules.

Public Housing: All Agencies

l  You will be permanently banned if you or anyone in your household has been convicted of producing meth on public housing premises.

l  You will be denied admission for some period of time if: l  You or someone in your household is required to register as a

sex offender for life (permanent denial) l  You or someone in your household has already been kicked out

of public housing because of drug activity (3-year ban) l  You may be denied at the housing authority’s discretion if you

have been convicted of: l  Drug-related criminal activity l  Violent criminal activity l  Any other criminal activity that might endanger residents and staff

Asheville Public Housing

l  Changed from traditional public housing to RAD (Rental Assistance Demonstration)

l  In RAD units move to a Section 8 platform l  Residents continue to pay 30% of their

income towards rent and they maintain the same basic rights as they possess in the public housing program

Asheville Public Housing & Section 8

l  Admission to HACA will be impacted by prior criminal activity of household members.

l  HACA uses a look-back period for criminal activity. Previously the look-back period was 5 years. Since HACA is converting to RAD, the look-back period will be 3 years. (5 years for any drug related criminal activity or violent crimes, but can be reduced if offender has completed a drug rehab program.- ACOP

l  Specific crimes may prevent admission. The list of crimes is still being revised by HACA. Examples of prior crimes: violent criminal activity and criminal sexual activity.- “If previously incarcerated, the length of time the culpable family member has been released into society.” no set standard -2014 ACOP

Hendersonville Housing Authority

l  HHA will deny formerly incarcerated people for three years following release.

l  HHA will permanently deny admission if any family member has ever been convicted of murder, rape or arson, or is currently registered as a sex offender

l  Other grounds for denial (discretionary): l  violent crimes against persons or property within five years l  other criminal activity within the past five years that would

adversely affect tenants, staff or property, including drug activity (possession of drug paraphernalia is sufficient)

l  Fraud, bribery or other corruption in connection with any federal housing program

l  Eviction from federally assisted housing because of criminal drug activity within the past five years

Madison County Public Housing

l  Madison County Housing Authority – l  Anyone registered as a sex offender for life will be denied

admission. l  Any household with family members who have been convicted

of or engaged in the following will also be denied: l  Drug trafficking l  Violent criminal activity against person or property

(including attempted and threatened violence) l  Producing methamphetamine

l  Marshall and Mars Hill Housing Authorities l  Anyone with a history of violent criminal activity or criminal

activity that affects the health or welfare of residents, including drug use, may be denied admission (discretionary)

Brevard Housing Authority

l  Five year denial for specific crimes: l  drug trafficking; assault; prostitution; shooting or

stabbing; arson; attempted murder; others l  See housing policy for full list of crimes

l  Anyone who been convicted of producing meth anywhere will be permanently denied.

l  Other criminal history will be considered as part of the application.

What Should You Do If Your Application to Public Housing is Denied? l  Sometimes an application is denied in error l  Legal services organizations like Legal Aid of

North Carolina and Pisgah Legal Services can work with clients who have been denied access to public housing

l  Community agencies work with the formerly incarcerated to find housing when public housing is not an option.

l  List of Agencies at the end of presentation.

Housing Take Aways l  If you are not eligible for public housing or

Section 8 it does not mean that you are not entitled to housing assistance anywhere.

l  You may qualify for rental assistance programs offered through community agencies

l  Private landlords may be willing to rent to you. Many landlords may require background checks but some do not or will make exceptions on a case by case basis – l  Can’t force a private landlord to accept a tenant who

the LL doesn’t want in their rental, except Civil Rights Violations.

PUBLIC BENFITS

Food Stamps and TANF

l  Anyone convicted of a Class G or higher drug felony is ineligible for food stamps and Work First assistance for life.

l  Anyone convicted of a Class H or I drug felony is ineligible for food stamps and Work First assistance for six months after release.

l  Note – After 6 months you can apply for benefits and meet certain criteria (ex. Assessment with a counselor to gain approval)

Food Stamp Changes

l  Beginning January 1, 2016 food stamp eligibility rules regarding able bodied adults change -ABAWD

l  If you are an able bodied adult with no kids, are under age 50, and are not disabled, or working at least 20 hours per week (or in job training activity) – you will be limited to 3 months of food stamps every 3 years.

l  Responsible for care of a child or disabled family member;

l  Physically or mentally unfit for employment (documented by physician, nurse, social worker);

l  Alcohol or Drug Addict l  In School or taking

classes. l  Applying for or getting

unemployment benefit l  Homeless l  Not able to work 20

hours per week.

Exceptions to ABAWD

What Should You Do if You Are Denied Food Stamps?

l  Sometimes an application is denied in error l  Legal services organizations like Legal Aid of

North Carolina and Pisgah Legal Services can work with clients who have been denied access to food stamps

l  Community agencies work with the formerly incarcerated to find other resources when food stamps are not an option

Can I get Medicaid? l  Medicaid

l  Medicaid benefits should be suspended upon arrest. But, often terminated.

l  Under federal rules, eligibility should be reinstated

upon release unless the person is no longer eligible. l  2011 Inmate Medicaid Enrollment (IME) system allows

DOC to match inmates against Medicaid enrollee and eligibility records. This means many inmates have Medicaid when released.

l  If eligible for SSI, automatically eligible for Medicaid. l  Bottom line – check with DSS following release to

verify Medicaid status.

Can I get Medicare? l Medicare

l  Unless 65 or older, if client had Medicare it was probably because they had SSI or SSDI.

l  Because inmates remain on the SS rolls while

in jail or prison (even though they do not receive checks), they do not lose Medicare eligibility.

l  Can start re-using card once released.

The Affordable Care Act The Affordable Care Act Provides: l Access to health insurance

l  (Not while incarcerated) l Real insurance plans just like you get from an employer l Premium cost can vary based on ONLY-

l  Age group l  Geographical area l  Tobacco use (surcharge is up to 50%)

l "FEDERAL GRANT NOTICE: “The project described was supported by Funding Opportunity Number CA-NAV-15-001 from the Center for Medicare & Medicaid Services. The contents provided are solely the responsibility of the authors and do not necessarily represent the official views of HHS or any of its agencies.”

Affordable Care Act l  Release from detention constitutes a

qualifying life event under the ACA and entitles the person to apply for health coverage on the Marketplace

l  Must apply within 60 days of release l  Application for Medicaid and Medicare can

be completed at the same time l  https://www.healthcare.gov/ or call

1-855-733-3711 to schedule an appointment with a Federal Navigator

Health Insurance 1.  So you don’t go bankrupt

l  Hospital and doctor bills when you, or family member have an unexpected health emergency

2.  So you stay healthier with on-going, free preventative care

l  An ounce of prevention…

3.  So you don’t have to pay the tax penalty l  If you do not qualify for an exemption- the tax penalty in 2016 is

$695 or 2.5% of household income l  Can cost as much or more than the lowest cost health insurance

plan

The Affordable Care Act The Affordable Care Act Provides: l No lifetime limits l You can’t be denied coverage or charged higher fees for having a preexisting condition l Under 26? You can stay on your parents plan l Under 30? You can get a low cost

Catastrophic plan l Every plan must include-

l  The same Essential Health Benefits l  Cover preventive services each year at no cost to you

How it Works

Financial Assistance based on income

Free Help Sign up! www.healthcare.gov Get some Help! FREE in-person assistance

l  Call to schedule a 1-on-1 appointment in North Carolina l  1-855-733-3711

l  Call to talk to Pisgah Legal Services Navigator l  828-210-3404

l  Go on-line www.getcoveredamerica.org/connector/ www.pisgahlegal.org

RELIEF FROM CRIMINAL CONVICTIONS

Expungement •  Restores the person’s legal status to the

status occupied before the criminal record in rare circumstances.

•  Typically limited to the following categories:

•  First-time, nonviolent offense committed more than 15 years ago

•  First-time offense committed under the age of 18/22

•  A charge that was dismissed or disposed “not guilty”

•  Costs between $125 - $175 (depending on circumstances of charge, age of offender)

Certificate of Relief l  Relieves the person of some discretionary and

mandatory collateral consequences, such as occupational licensing bans

l  Requirements: (1) Petition the same court where the sentence was received; (2) The person seeking relief must be engaged in or seeking to engage in a lawful occupation or activity (3) No criminal charges can be pending (4) All conditions of sentencing must be completed

Certificate of Relief

l  2 or more convictions in a different session are not eligible for relief

l  Class A, B, C, D, and E felonies are not eligible for relief

Convictions not eligible for Certificate of Relief (1) sex offender registration (2) possession of a firearm by a felon (3) Motor Vehicle License revocation or

ineligibility (4) Criminal Justice officer and Sheriff’s

Certification (5) Employment as a Probation Officer (6) Employment as a Prosecutor or Investigator

at the NC Department of Justice or the District Attorney’s office.

Jobs

Applying for a Job With a Criminal Conviction

l  There are some employers that do not ask about criminal convictions on their job applications

l  This allows formerly incarcerated persons to get through an initial interview and impress the potential employer before disclosing their criminal conviction

How to Disclose Your Conviction to Potential Employers l  Employers say:

l  applicants who are honest about their criminal convictions, and who emphasize what they have learned from their past, could still get the job

l  applicants with criminal convictions should build their skills and resumes by: l  doing volunteer work,

l  taking classes l  vocational training in

their field, l  freelance work, l  or start their own

business. l  Community groups can

help with resume building, interview skills, and navigating the application process

Offender-Tolerant Employers

The following local businesses have confirmed that they are willing to interview individuals with criminal backgrounds. Each business has different requirements and criteria for hiring, so please make sure to contact a hiring manager or HR representative for more information.

Employment Agencies l  Addeco l  (828) 684-1069 l  Asheville Staffing

Resources l  (828)-254-4004 l  Atwork l  (828) 658-9304 l  Express Employment l  (828) 654-8101 l  Friday Staffing l  (828) 684-8700

l  Labor Finder l  (828) 253-0019 l  Manpower Staffing l  (828) 681-5106 l  Spherion l  (828) 253-0733 l  Sunshine Employment l  (828) 252-2114 l  Comforce Staffing

Services l  (828)-254-7009

OTHER BUSINESSES: l  Alcan l  (Packers/QC/Production) l  (828) 649-3800 l  Benswanger Glass l  (Auto repair/glass installation) l  (828) 277-7599 l  Britt & Tolson Glass l  (Glass/plastic fabrication) l  (828) 253-6706 l  Dave Steel l  (Steel fabricators) l  (828) 252-2771 l  Easter Seal Society l  (Personal care assistants) l  (828) 350-1111 l  Henson Building Materials l  (Delivery, loaders) l  (828) 669-9602 l  J&S Cafeteria l  (Food service) l  (828) 298-1209 l  Milko l  (Pickers/packers) l  (828) 254-9560

l  Panera Bread l  (Food service) l  (828) 277-4042 l  Renaissance Hotel l  (Hospitality industry) l  (828) 252-8211 l  Residences at Biltmore (Housekeeping,

janitorial) l  (828) 350-8000 l  Road King Trailers l  (Welders, assemblers, drivers) l  (828) 670-8012 l  Service One Roofing l  (Roofers, laborers) l  (828) 684-5860 l  VA Medical Center l  (Various positions) l  (828) 298-7911 l  Waffle House l  (Food service) l  (828) 667-2364 l  WNC Pallet Co. l  (Laborers)

Can I still get an occupational license?

l  Some licensing boards automatically disqualify individuals with certain criminal convictions

l  Some licensing boards evaluate people on an individual basis

l  Before applying for a license or considering a new career path, call the licensing board for information about the impact of your criminal conviction

Other Matters

DOR – Tax Stamps

l  If you are illegally selling drugs - the state of North Carolina requires to pay taxes.

l  You can pay taxes at the DOR offices, l  If you don’t pay the taxes, state will put a lien

on any property you own.

Illegal Drug Sales – Tax Stamps

Can I still vote with a criminal conviction? l  Misdemeanor conviction in North Carolina:

l  You can still vote even while serving a misdemeanor sentence. l  You can still vote while awaiting trial for a felony or misdemeanor

l  Felony conviction in North Carolina: l  you temporarily lose your citizenship rights, including right to

vote. l  Any prior registration you had before your felony conviction is

cancelled by the County Board of Elections with no action on your part.

l  Any attempt to register to vote while you are an active felon is a felony.

l  After completing all the terms of your sentence (including parole and probation), you do not have to do anything to have your citizenship rights restored. Those rights are automatically restored (N.C.G.S.13-1).

l  Registering to vote, again or for the first time, is all you will need to do before voting in the county where you reside after your discharge.

Can I get a passport? l  Most convicted criminals, including felons, may obtain a passport

unless the terms of sentencing, probation, or parole deny the person a right to a passport

l  Two exceptions: (1) conviction of treason (2) conviction of a federal or state drug felony and used their

passport to cross an international border or if the passport was used in some other way to further the offense *

* Restriction only lasts while the convicted criminal is imprisoned or

on probation/parole.

Can I get student loans? l  You cannot get Pell Grants or federal student

loans while incarcerated. l  Generally, if you are convicted of a drug related

felony or misdemeanor that took place while you were receiving Federal student aid, you are ineligible for further aid for a period of time.

l  If you were convicted at a time you were not receiving Federal student aid, the limitations do not apply.

Student Loans Con’t

l  The length of time of ineligibility for drug convictions depends on the type and number of convictions:

Offense Possession Sale First 1 year from date

of conviction 2 years from date of conviction

Second 2 years from date of conviction

Indefinite period of ineligibility

Third or more Indefinite period of ineligibility

Indefinite period of ineligibility

Information from FASA Facts prepared by the Office of National Drug Control Policy - U.S.

Department of Education

How Can I Shorten a Period of Ineligibility?

l  Successfully complete an approved drug rehabilitation program that includes passing 2 random drug tests, or

l  Passing 2 random drug tests administered by an approved drug rehabilitation program, or

l  Have the conviction reversed, set aside, or otherwise rendered invalid.

RESOURCES

Statewide Reentry Resources •  Salvation Army (sheltering, drug rehabilitation)

WEBSITE: https://www.salvationarmycarolinas.org/locations/

•  Goodwill (career training, job opportunities)

WEBSITE: http://www.goodwill.org/find-jobs-and-services/get-training/

•  United Way (free hotline for community health and human services resources)

PHONE: dial 2-1-1

•  Legal Aid (legal aid and various clinics) WEBSITE: www.legalaidnc.org PHONE: 1-866-219-LANC (5262)

Continued

l  JobLink Career Centers Check your local county website; contact information varies by county.

l  North Carolina Community Action (general resources for low-income families)

WEBSITE: http://www.nccaa.net/Member-Agencies.aspx

l  North Carolina Navigators for Affordable Heath Care Act l  1-855-733-3711

l  211 of North Carolina l  Dial 211 for free access to database of community resources in your

area

l  National H.I.R.E. Network (job opportunities) WEBSITE: http://www.hirenetwork.org/content/north-carolina

Local Reentry Resources l  Homeward Bound of Asheville (shelter)

l  WEBSITE: www.homewardboundwnc.org l  PHONE: (828) 252-8883

l  Asheville Buncombe Community Christian Ministry (shelter and jobs) l  WEBSITE: www.abccm.org

l  Community Action Opportunities – Life Works (jobs) l  WEBSITE: http://www.communityactionopportunities.org/ l  PHONE: (828) 252-2495 l  Serves Buncombe, Henderson, Madison, Polk, Rutherford, and

Transylvania Counties

Continued l  Project Re-Entry, Asheville office (jobs, general

support) l  PHONE: (828) 298-9023

l  Goodwill Career Connections Center (jobs) l  WEBSITE:

http://www.goodwillnwnc.org/trainingCenters.cfm l  PHONE: (828) 298-9023

l  Western Carolina Community Action l  WEBSITE: http://www.wcca.net/

l  Pisgah Legal Services (free legal services for qualifying low income clients) l  828-253-0406

Resources in Other Regions l  Charlotte Area

l  The Center for Community Transitions l  WEBSITE: www.centerforcommunitytransitions.org l  PHONE: (704) 374-0762

l  Piedmont Triad Area l  Piedmont Triad Regional Council Project Re-Entry

l  WEBSITE: http://www.ptrc.org/ l  PHONE: (336) 761-2111 Robin Howell, Criminal Justice Programs Director.

l  Triangle Area l  Community Success Initiative

l  WEBSITE: www.communitysuccess.org l  PHONE: (919) 834-7626

l  Passage Home (transitional housing) l  WEBSITE: www.passagehome.org

l  InStepp, Inc. (women’s reentry assistance program) l  WEBSITE: http://www.instepp.org/ l  PHONE: (919) 680-8000

Collateral Consequences Assessment Tool – C-CAT

l  http://ccat.sog.unc.edu/ l  Service offered by UNC School of Government l  C-CAT organizes North Carolina collateral

consequences into three levels: 1. broad categories of activities, privileges, and

rights—e.g., employment and professional licensure;

2. specific activities, privileges, and rights—e.g., electrical contracting; and

3. collateral consequences—e.g., revocation of an electrical contractor’s license.