Library
Resources
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"A Certificate of What?" The Mysterious Certificate of Relief from Disabilities (New York State Defenders Association)
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*NEW* Advocacy Toolkits Available from the Legal Action Center
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*UPDATED* Defender Toolkit & Padilla Compliance Guide: Using Knowledge of “Enmeshed Penalties” (or Collateral Consequences) to Get Better Results in the Criminal Case (The Bronx Defenders)
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01 OCFS LCM 11 - Attachment D: Guide to Reviewing Enrollment Form for Providers of Legally-Exempt Group Child Care
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01 OCFS LCM 11 - Attachment H: List of Crimes Against Children and Violent and Other Serious Crimes
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01 OCFS LCM 11 - Revised Health and Safety Requirements for Legally Exempt Family Child Care, Legally Exempt In-Home and Group Child Care Providers
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2005-2006 Conexiones: Una guia para ex-presidiarios a fuentes de informacion en la Ciudad de Nueva York
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2005-2006 Connections and The Job Search
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2006 New York State Occupational Licensing Survey (Legal Action Center)
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2011 New York City Council Human Rights Report Card Issue Brief: Access to Civil Legal Services
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[Acosta v. DOE] Brief in Support of Reversing Department of Education Application of Article 23-A and Court's Denial of Petitioner's Article 78 Challenge
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[Acosta v. DOE] Court of Appeals Affirms Apellate Division's Decision in Reversing Department of Education Application of Article 23-A New York State Court of Appeals
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[Acosta v. DOE] Decision in Appellate Division, First Department Reversing Department of Education Application of Article 23-A and Court's Denial of Petitioner's Article 78 Challenge
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A Guide For New York State Employers From The Doe Fund
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A Worker's Guide to the Transportation Worker Identification Credential (TWIC) Application, Appeal and Waiver Process
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ABA Criminal Justice Standards on Collateral Sanctions and Discretionary Disqualification of Convicted Persons
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Administrative Directive 05-OCFS-ADM-03 Re: Child Care Subsidy Program
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Affadavit in Support of Re-Application for Certificate of Relief from Disabilities Where Applicant was Originally Denied Based on Outstanding Restitution Debt (Monroe County Legal Assistance Center)
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After Prison: Roadblocks to Reentry: A Report on State Legal Barriers Facing People with Criminal Records
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Amicus Brief in El vs. SEPTA (NAACP LDF)
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Appendix E-8: Additional Local Standards for Child Care Providers - New York City (Administrative Component - Department of Social Services 2004 Child Care Plan)
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Application for Certificate of Relief from Disabilities or Good Conduct (Use to apply with New York State Division of Parole)
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Are You Somebody With... HIV/AIDS, a criminal history, or a history of drug or alcohol use? (Legal Action Center)
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Article 78 Decision Finds DoE Denial of School Aid Application Based on Single Felony Conviction Arbitrary and Capricious
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Article 78 Petition in Monroe County Supreme Court to Review Decision by OMRDD Denial of Employment of Applicant with Misdemeanor Conviction & CRD
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Article 78 Petition to Review NYC Department of Education's Denial of an Employment Application Based on a 1984 Conviction
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Article 78 Petition to Review Decision by DOE to Deny Certification as School Bus Drivers Based on Past Convictions Not Related to the Employment
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Article 78 Petition to Review Decision by OASAS for Denying License to be a Substance Abuse Counselor Solely Based on Criminal Record
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Article 78 Petition to Review Decision by OMH Disqualifying Plaintiff from Employment Due to Conviction History
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Assisting New York Small Claims Court Plaintiffs: A Guide for Worker Advocates
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Background Checks and Other Workplace Privacy Resources (Privacy Rights Clearinghouse)
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Breaking Parole: An Analysis of the New York State Division of Parole's Caseload Management Guidelines
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Bronx Court Rejects Denial of Employment by OMRDD (Hollingshed v. New York State) (PDF) and New York Law Journal Article About the Decision (HTM)
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CareerOneStop.org
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Caught in the Net: The Impact of Drug Policies on Women and Families
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Center for Employment Opportunities: Do's and Dont's of Job Development
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Center for Employment Opportunities: Sample Pitch for Employers
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Certificate of Relief from Disabilities - Certificate to be Signed by Sentencing Judge (New York State Unified Court System)
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Certificates of Rehabilitation 2004 Policy Summary
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Certificates of Rehabilitation Briefing Paper
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Certificates of Relief from Disability & Certificates of Good Conduct (Reentry Net Powerpoint Presentation)
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Certificates of Relief from Disability and Certificates of Good Conduct (Legal Action Center)
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Certificates of Relief, Good Conduct, and Disposition (Community Service Society)
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Certificates That Demonstrate Rehabilitation: Why They Are So Important and How to Get Them (The Bronx Defenders)
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Certificates That Promote Rehabilitation: Why They Are So Important and How to Get Them (The Bronx Defenders)
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Child Support & Reentry (Overview Presentation, The Bronx Defenders)
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CLASP Every Door Closed Fact Sheets
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Clearing Your Name: A Step-by-Step Guide Through the New York State Central Register of Child Abuse & Maltreatment
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Collateral Consequences of Juvenile Proceedings Part II (Robert E. Shepherd, Jr., ABA)
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Coming Home: A Resource Guide for Reentrants and Their Families
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Commerical Drivers' License Guidelines
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Community Defenders in the 21st Century: Building on a Tradition of Problem-Solving for Clients, Families and Needy Communities (John F. Kennedy School of Government)
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Complaint (Supreme Court) - Employment Denial by Nursing Home in Violation of Human Rights and Consumer Protection Laws (Monroe County Legal Assistance Center)
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Complaint (Supreme Court) - Refusal to Hire Applicant for Job as Licensed Practice Nurse(LPN) on the Basis of Criminal Convictions in Violation of Corrections Law Article 23-A (Empire Justice Center)
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Complaint in Johnson v. Kroll Background America, Inc. (Community Legal Services)
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Complaint in Menefee v. Choicepoint, Inc.
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Consequences of Criminal Proceedings in New York State, February 2010 (The Bronx Defenders)
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Court Grants Motion to Seal After Showing Unjust Injury Due to Availability of Non-Criminal Offense
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CRD Can Be Granted for Violation Conviction: Sample letter to Court Clerk (The Bronx Defenders)
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Criminal Background Checks: What are your Rights? (National HIRE Network)
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Decision and Order to seal violation conviction after client failed to pay imposed fine but was sentenced to and served a jail alternative
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Decision Remands DOE Rejection of Certification for Bus Driver/Escort Based on Criminal Conviction (Appellate Division, First Department)
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Decision Reverses DOE's Denial of Certification for School Bus Driver Citing the Determination as Arbitrary and Capricious
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Department of State Decisions of Interest
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Department of State Licensing Decisions of Interest
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Dept of Health - 10 NYCRR § 400.23 (2006) Criminal History Record Check for Certain Applicants For Employment In Certain Health Care Facilities and Programs
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Dept of Health - Guidelines for NYS DOH Criminal History Record Checks (CHRC) Program
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DoE Policy for Arrested Employees (New York City Department of Education)
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DUI Collateral Consequences (Glenn E. Murray, Esq.)
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Eligibility Restrictions for the U.S. Coast Guard
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Employer Use of Consumer/Credit Reports to Obtain Criminal Records Information (National HIRE Network)
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Employing Your Mission: Building Cultural Competence in Reentry Service Agencies Through the Hiring of Individuals who are Formerly Incarcerated and/or in Recovery (The Fortune Society)
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Employment Discrimination Fact Sheet for Workers (National Employment Law Center)
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Employment Law & Criminal Records in New York
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Employment letter re: Dismissed and Sealed Case
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Employment letter re: license still valid
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Enhancing Employment Opportunities for Previously Incarcerated (New York City Bar Association Task Force on Employment Opportunities)
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Expanded Use of Criminal Records and Its Impact on Reentry (Community Legal Services)
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Favorable New York State Supreme Court Decision Upholding Due Process for DOE Certification Applicants With Criminal Records
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Find a Public Defender in New York State (New York State Defenders Association)
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Frequently Asked Questions: Reentry & Employment (The Bronx Defenders)
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From Hard Time to Full Time: Strategies to Help Move Ex-Offenders from Welfare to Work (US Department of Labor)
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From Options to Action: A Roadmap for City Leaders to Connect Formerly Incarcerated Individuals to Work (Public/Private Ventures (P/PV))
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Going to Work With a Criminal Record (Public/Private Ventures (P/PV))
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Holistic Is Not a Bad Word: A Criminal Defense Attorney's Guide to Using Invisible Punishments As An Advocacy Strategy
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How to Get a Job With a Criminal Record (WikiHow)
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How to Get and Clean Up a Rap Sheet in Your State (Reentry Net)
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How to Obtain Important Documents: Voter Registration, Driver's License, Non-Driver ID, Social Security Card, Birth Certificate (Legal Action Center)
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In Search of a Job: Criminal Records as Barriers to Employment
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Information About Class Action Suit Against New York State Office of Children and Family Services' Statewide Abuse and Maltreatment's Register
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Interfaith Coalition of Advocates for Reentry and Employment (ICARE)
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Keeping Medicare and Medicaid When You Work (The Kaiser Family Foundation)
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Know Your Rights to the Transportation Security Administration's New Criminal Background Checks of Hazmat Drivers and Port Workers (National Employment Law Project)
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Know Your Rights to the Transportation Security Administration's New Criminal Background Checks of Hazmat Drivers and Port Workers II (NELP)
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Know Your Rights! Understanding Juvenile & Criminal Records and Their Impact on Employment in New York State (Legal Action Center)
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Legal Action Center
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Legal Outline of Authorities and Decisions Related to Criminal Records and Employment (National Employment Law Project)
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Legislative History of Article 23A and Certificates of Good Conduct of NYS Corrections Law
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Legislative History Relating to Certificates of Good Conduct in NYS Corrections Law
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Letter to National Association of Professional Background Screeners Re: Illegal for Credit Reporting Agencies to Maintain and Report on Violations (Legal Action Center)
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Letter to National Association of Professional Background Screeners Re: Illegal for Credit Reporting Agencies to Maintain and Report on Violations (Legal Action Center)
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List of Major Consumer Reporting Agencies
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List of NYC Newspapers Designated to Publish Legal Notices Including Name Changes (Housing Works)
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Litigating Civil Rights Claims and Employment Rejections for People with Criminal Records Under Title VII
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Lowering Criminal Record Barriers: Certificates of Relief/Good Conduct and Record Sealing(Legal Action Center)
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Memo from Chief Admin Judge Lippman re Inherent Authority to Seal Court Records of Violations
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Memorandum of Law on Change of Venue and in Response to Respondent’s Answer in Article 78 Proceeding to Review Employment Disqualification by OHM (Community Service Society Legal Dept.)
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More Than a Job: Final Results from the Evaluation of the Center for Employment Opportunities (CEO) Transitional Jobs Program
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Motion to Renew and Reargue Previous Application for Certificate of Relief from Disabilities Pursuant to CPLR 2221 (Monroe County Legal Assistance Center)
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National Employment Law Project
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National H.I.R.E. Network
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New York Attorney General Settlement Agreement with Choicepoint for Unlawfully Aiding Employers in New York State Who Exclude Job Applicants Based on Criminal Records (Office of the Attorney General of New York State)
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New York Attorney General Settlement Agreement with Radio Shack for Unlawful Discrimination Against Job Applicants with Criminal Records (The Office of the Attorney General of the State of New York)
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New York City Commission on Human Rights Website
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New York City Human Rights Law, Chapter 1, § 8-107 Unlawful discriminatory practices
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New York Correction Law Article 23 -- Discretionary Relief From Forfeitures and Disabilities Automatically Imposed By Law
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New York State Corrections Law Article 23-A: "Licensure and Employment of Persons Previously Convicted of One or More Criminal Offenses
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New York State Division of Human Rights Employment Discrimination Complaint (Monroe County Legal Assistance Center)
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New York State Division of Human Rights: How to File an Employment Discrimination Claim
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New York State Human Rights Law (Executive Law Section 296, Unlawful Discriminatory Practices)
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New York State Professionals: License Requirements / Application and Forms
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New York State Statistics Website
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New York State Supreme Court Decision Orders Proper Consideration of Certificate of Relief on Employment Application by the New York Police Department
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Notice of Motion to Renew and Reargue Previous Application for Certificate of Relief from Disability (Monroe County Legal Assistance Center)
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NYC Civil Court Name Change Order Form (Urban Justice Center)
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NYC Civil Court Name Change Petition (Urban Justice Center)
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OMRDD (Office of Mental Retardation and Developmental Disabilities) - Criminal Process Record Check Overview
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OMRDD - Criminal History Record Check Statutes Covering Employees Providing Mental Health Services in New York
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OMRDD Emergency Regulations on Criminal History Record Checks
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On Your Own Inside Cover and Contents
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On Your Own Text
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Open Letter from the NuLeadership Policy Group
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OSPRA Appeals Hearing Overturns Denial of Clearance of Employment based on Criminal Convictions (Monroe County Legal Assistance Center)
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Padilla Checklist for Judges: Proper Consideration of “Enmeshed Penalties” (or Collateral Consequences) in a Criminal Case (The Bronx Defenders - Updated December 2010)
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Proposed Amendment to Criminal Procedure Law § 160.60 To Correct Unforeseen Gaps in Sealing Law Protections
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Re-Entry and Reintegration: The Road to Public Safety Report and Recommendations of the New York State Bar Association Special Committee on Collateral Consequences of Criminal Proceedings
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Rebuttal to Division of Human Rights Private Employment Discrimination Matter (Monroe County Legal Assistance Center)
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Reentry - The Tie That Binds Civil Legal Aid Attorneys and Public Defenders (Cynthia Works)
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Reentry Law Project: Small Business Toolkit (City Bar Justice Center)
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Reentry National Media Outreach Campaign
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Reference Chart for Healthcare Agency Criminal History Background Checks for Applicants for Employment in Home Health Care (Legal Action Center)
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Relief from the Collateral Consequences of a Criminal Conviction (Margaret Colgate Love)
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Relief from the Collateral Consequences of a Criminal Conviction - A State-By-State Resource Guide (Margaret Colgate Love)
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Report on Collateral Consequences of Non Criminal Adjudications (New York County Lawyers Association)
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Report on Innacuracies in FBI Records (National Association of Professional Background Screeners)
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Representing Individuals with Criminal Records Under the LSC Act and Regulations (NLADA)
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Request Form for Free Consumer Report (USIS)
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Request form for replacement lost CRD or CGC originally issued by the Division of Parole (The Bronx Defenders)
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Response letter with information re: criminal charges (The Bronx Defenders)
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Sample Background Report Dispute Letter (Legal Action Center)
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Sample Character Letter for Applicant for Nursing License (Center for Community Alternatives)
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Sample DCJS Rap Sheets and Rap Sheet Errors (The Bronx Defenders and Legal Action Center)
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Sample Dispute Letter
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Sample General Letter Explaining Protections for Job-Seekers with Criminal Records (The Bronx Defenders / Legal Action Center)
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Sample Letter Re: Illegal Employment Denial Based on Violation Conviction (The Bronx Defenders)
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Sample Letter Re: Illegal Job Advertisement (Legal Action Center)
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Sample Letter Re: Illegal to Ask About Arrests in Job Interview (Legal Action Center)
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Sample Letter Requesting Reason for Job Denial and Copy of Background Report (Legal Action Center)
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Sample Letter to City Agency re: Denial of Job or Suspension Based on ACD (The Bronx Defenders)
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Sample Letter to DOE Appealing Termination Based on Old Criminal Record (Legal Action Center)
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Sample Letter to Employer Explaining Signifigance of Certificate of Relief from Disabilities (Center for Community Alternatives)
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Sample Memo: Does claimant’s failure to disclose her arrest information from a 2000 criminal accusation that was terminated in her favor and subsequently sealed pursuant to CPL 160.50 constituted misconduct and therefore disqualifies her from New York State Unemployment Insurance? (Monroe County Legal Assistance Center)
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Sample Reference Letter for Challenge to Termination Based on Discovery of a Criminal Record (Legal Action Center)
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Sealing Criminal Records: How to Review a Rap Sheet for Errors (The Bronx Defenders)
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Second Chance Act of 2004: Full text of HR 4676
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Second Chance Act of 2005: Full text of HR 1704
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Selected State Provisions regarding Appeal Procedures from Criminal-Record Based Occupational Restriction (Western Massachusetts Legal Services)
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Services & Opportunities Flyer (Queers for Economic Justice)
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Setting the Record Straight (resource for defense attorneys by the Legal Action Center) (Legal Action Center)
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Smart Solutions: Individuals with Criminal Histories: A Potential Untapped Resource (Legal Action Center / Urban Institute)
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State Supreme Court Decision Finds OMRDD Denial of Employment to Arbitrary and Capricious Based on Failure to Balance Evidence of Rehabilitation with Negative Factors
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Stipulation & Consent Order Reversing Denial of Petitioner's Eligibility for Employment by OMRDD in Monroe County (Supreme Court of the State of New York, County of Monroe)
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Summaries of Professional Discipline Actions (New York State Education Department's Office of the Professions)
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The Prime Objective: A Guide to Preparing the Job-Seeking Ex-Offender (NYS Department of Labor)
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The Task Force to Expand Access to Civil Legal Services in New York - Report to The Chief Judge of the State of New York
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The Use of CHAIRS Reports as Criminal Background Checks (Center for Community Alternatives)
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Third Circuit Trial Court Order in El vs. SEPTA,
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Training Manual: Obtaining New and Replacement Documents (The Door Legal Services / Chadbourne & Parke LLP)
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Transitional Jobs for Ex-Prisoners: Implementation, Two-Year Impacts, and Costs of the Center for Employment Opportunities (CEO) Prisoner Reentry Program (MDRC)
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Transportation Security Administration Final Rule on Transportation Worker Identification Credential (TWIC) for Hazmat Drivers and Port Workers (Transportation Security Administration)
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U.S. Equal Employment Opportunity Commission (EEOC)
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U.S. Military Enlistment Standards (About.com)
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Unemployment Insurance Appeal Board affirms administrative law Judge's decision on claimant's eligibility to receive unemployment insurance benefits after employment was terminated based on criminal conviction 6-10 years prior (ALJ Case No. 308-04038)
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Unemployment Insurance Appeal Board Decision confirming claimant was separated from employment under non-disqualifying circumsntaces (as a result of a sealed ACD appearing on a background check)
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Unemployment Insurance Appeal Board Decision confirming claimant's eligibility to receive unemployment insurance benefits after employment was terminated based on criminal conviction 6-10 years prior (ALJ Case No. 308-04038)
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Unemployment Insurance Appeal Board reverses administrative law Judge's decision on claimant's eligibility to receive unemployment insurance benefits after employment was terminated based on B-misdemeanor conviction two years prior (ALJ Case No. 308-01502)
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Unemployment Insurance Appeal Board Reverses Denial Finding that Claimant's Failure to Disclose Misdemeanor Conviction Was Not a Misconduct
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US Navy and Marine Corps: Criminal History Disqualifications
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Using Consumer Law to Combat Criminal Record Barriers to Employment and Housing Opportunity (Journal of Poverty Law and Policy)
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Westchester Connections
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Your New York State Rap Sheet: A Guide to Getting, Understanding, and Correcting Your Criminal Record (Legal Action Center)
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‘Redemption’ in an Era of Widespread Criminal Background Checks
