Library
Resources
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"It's War in Here": A Report on the Treatment of Transgender and Intersex People in New York State's Men Prisons (Sylvia Rivera Law Project) (2007)
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08-OCFS-INF-07 Preparation for the Elimination of the “Opt-Out” Provision for Conducting Criminal History Record Checks on Applicants for Adoptive or Foster Parenthood
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2009 Drug Law Reform May 2014 Update (Division of Criminal Justice Services)
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2014 Opiate Legislation Package: Bill Summaries
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[37-01 31st Avenue Realty Corp. v. Mohammed et al.] NYS Supreme Court held RRAPL 715 does not give DA ability to override landlord's decision not to appeal (2010)
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[Dempsey v. DOE] NYC Supreme Court Reverses DOE's Denial of Certification for School Bus Driver Citing the Determination as Arbitrary and Capricious (2012)
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[People v. Manauri R.] Supreme Court, Bronx County Holds that Drug Eviction Proceedings Not Sufficient Basis to Unseal Records (2004)
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[Perdomo v. Morgenthau] Appellate Court Upholds Decision Enjoining DA from Approving RPAPL 715 Case Settlements (2009)
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[Spring Valley Housing Authority v. Lamarre] Sex Offender prohibition Not Retroactive (Spring Valley Justice Court) (2006)
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[Terrance v. City of Geneva] Federal District Court Rules Municipal Law Restricting Housing for Sex Offenders is Preempted by New York State Law (2011)
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A Death before Dying: Solitary Confinement on Death Row (ACLU, 2013)
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A Roadmap for Change: Federal Policy Recommendations for Addressing the Criminalization of LGBT People and People Living with HIV (Columbia) (2014)
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A.G. Schneiderman Announces Agreement With Party City To End Discrimination In Hiring Based On Criminal Records (2014)
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ABA Criminal Justice Standards on Collateral Sanctions and Discretionary Disqualification of Convicted Persons
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Advocacy Toolkits Available from the Legal Action Center
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Advocating for Conditional Sealing— CPL § 160.58
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After Prison: Roadblocks to Reentry: A Report on State Legal Barriers Facing People with Criminal Records
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American Bar Association Policy on Deportation as a Result of Criminal Convictions
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Appellate Division, Third Department Rules Unsealing Criminal Record Solely for Prosecutorial Purposes as Impermissible
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Application for Certificate of Relief from Disabilities or Good Conduct (Use to apply with New York State Division of Corrections & Community Supervision (DOCCS))
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BLURRING THE LINES: A Profile of State and Local Police Enforcement of Immigration Law Using the National Crime Information Center Database, 2002-2004
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Breaking Down Mass Incarceration in the 2010 Census: State-by-State Incarceration Rates by Race/Ethnicity (Prison Policy Initiative 2014)
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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 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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Citizenship and Punishment The Salience of National Membership in U.S. Criminal Courts
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City Bar Justice Center: Sample Cover Letter to send McNair Hearing Guidelines to Client (NYC Bar)
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CLASP Every Door Closed Fact Sheets
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Consequences of Criminal Proceedings in New York State, April 2015 (The Bronx Defenders)
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Court of Appeals Streamlines Challenges of Sex Offense Registration Orders for Out of State Convictions (2012)
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CRD Can Be Granted for Violation Conviction: Sample letter to Court Clerk (The Bronx Defenders)
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Criminal Justice Debt: A Toolkit for Action
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Criminal Justice Interventions for Offenders With Mental Illness: Evaluation of Mental Health Courts in Bronx and Brooklyn, New York
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Criminal Justice Mental Health Consensus Project
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Criminal Justice System: How it Works (Manhattan District Attorney)
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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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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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Democracy Imprisoned: A Review of the Prevalence and Impact of Felony Disenfranchisement Laws in the United States (2013)
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Deportation 101: A Community Resource on Anti-Deportation Education and Organizing
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Discharge Planning Services For Inmates Who are Receiving Mental Health Treatment in a New York City Jail (Urban Justice Center, Brad H)
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Drug Law Resentencing: Saving Tax Dollars with Minimal Community Risk (The Legal Aid Society) (2010)
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Ending Mass Incarceration: Charting a New Justice Reinvestment (The Sentencing Project 2013)
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Expert Report on NYPD Stop and Frisk Program for Floyd v. City of New York (Center for Constitutional Rights)
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FBI Identification Record Requests
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Felon Disenfranchisement: The Judiciary's Role in Renegotiating Racial Divisions (2012)
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Frequently Asked Questions: Civic Participation
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Frequently Asked Questions: Criminal Records
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Frequently Asked Questions: Encounters with Police
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Frequently Asked Questions: Property Retrieval
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Garnes v. Barnhart, C-02-4428 (ND Cal. Nov. 5, 2004)
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Guide to Rockefeller Drug Law Reform 2009 (Center for Community Alternatives)
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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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Housing Preservation & Development Reverses Decision Terminating Section 8 Based Lifetime Sex Offender Registry Requirements (NYC Housing Preservation & Development) (2010)
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How Do I Get My Stuff Back? Regaining property from the New York City Police Department (Legal Aid Society)
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How To File a Petition for Review (AILF’s Legal Action Center)
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How to Get Public Housing & Section 8 - Even With a Criminal Record (Legal Action Center)
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How to Really End Mass Incarceration (New York Times, 2013)
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HUD Opinion Letter on Applicability of Section 578 of QHWRA for Current Public Housing Tenants Classified as Sex Offenders (Department of Housing and Urban Development, 2007)
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HUD Opinion Letter on QHWRA Applicability to a Public Housing Tenant Classified as a Sex Offender in NYS (US HUD-NYS Office) (2007)
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Immigration Consequences of Criminal Convictions Checklist (Immigrant Defense Project)
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Immigration Detention and Removal: A Guide for Detainees and Their Families (Legal Aid Society)
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Insecure Communities, Devastated Families: New Data on Immigrant Detention and Deportation Practices in New York City
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Integrated Reentry and Employment Strategies: Reducing Recidivism and Promoting Job Readiness
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Interactive Block-by-Block Map of Stop and Frisk Arrests in NYC 2011
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Interfaith Coalition of Advocates for Reentry and Employment (ICARE)
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Justice Reinvestment: A Toolkit for Local Leaders (Urban Institute 2013)
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Juvenile Life Without Parole: An Overview (The Sentencing Project 2014)
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Know Your Rights: Medical, Dental and Mental Health Care (2012)
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Legal Ambiguity in Managerial Assessments of Criminal Records
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Legal Outline of Authorities and Decisions Related to Criminal Records and Employment (National Employment Law Project) 2006
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Legislative History of Article 23A and Certificates of Good Conduct of NYS Corrections Law
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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 Enforcement of Immigration Detainers - Preliminary Findings (Justice Strategies)
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New York City/NYPD Criminal History Search ($50 fee)
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New York State Statistics Website
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Non-Violent Sex Offense Determinate Sentencing (Center for Community Alternatives)
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NY Office of Court Administration - Criminal History Record Search ($65 fee)
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NYSBA Legal Handbook for New York State Journalists
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Open Letter from the NuLeadership Policy Group
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OTDA 97 ADM-23 - State "Fleeing Felon/ Probation/Parole Violation" Policies
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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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Police Interactions with Individuals in Psychiatric Crisis: A Briefing Prepared for Michael A. Cardozo Corporation Counsel of the City of New York (2002)
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Post-Release Supervision Terms for All Violent and Non-Violent Felony Sex Offense Convictions (Center for Community Alternatives) (2007)
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Practical Tips to Avoid Aggravated Felonies (The Bronx Defenders)
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Prisoners’ Assistance Directory (2012)
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Proposed Amendment to Criminal Procedure Law § 160.60 To Correct Unforeseen Gaps in Sealing Law Protections
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Quick Reference Chart for Determining Key Immigration Consequences of Common New York Offenses (Immigrant Defense Project)
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Race and Punishment: Racial Perceptions of Crime and Support for Punitive Policies (The Sentencing Project 2014)
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Racial Disparities in Pretrial Diversion: An Analysis of Outcomes Among Men Charged With Felonies and Processed in State Courts (2013)
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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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Real Property Actions and Proceedings Law, Section 711 – sets out basis authorizing landlords to commence eviction proceedings (State of New York)
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Real Property Actions and Proceedings Law, Section 715 – sets out basis authorizing certain parties other than landlords to commence eviction proceedings (State of New York)
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Real Property Law, Section 231 – renders void an agreement for occupancy of a premises used for certain illegal activities (State of New York)
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Recent Immigration Decisions
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Reentry National Media Outreach Campaign
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Reentry Resource Directory (2013)
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Reforming Funding to Reduce Mass Incarceration (Brennan Center 2013)
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Report of The Sentencing Project to the United Nations Human Rights Committee Regarding Racial Disparities in the United States Criminal Justice System (2013)
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Sample DCJS Rap Sheets and Rap Sheet Errors (The Bronx Defenders and Legal Action Center)
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Sample letter re: Expunge or seal report of suspected child abuse (Lansner and Kubitschek, Attorneys at Law)
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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 Motion for Conditional Sealing of Certain Drug Offenses Under 2009 Drug Law Reform (Center for Community Alternatives)
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Sample Rap Sheet Review Summary (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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Second Department Reverses Denial of Defendant’s Request to Participate in the Judicial Diversion Program (2012)
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Services & Opportunities Flyer (Queers for Economic Justice)
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Sex Offender Management and Treatment Act, 2007 (full text)
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Sex Offender Registration Act (SORA) - NYSDA Resources, 2011
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SOMTA - Process for Civil Management in New York Flow Chart (Center for Community Alternatives, 2007)
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State Courts Law Libraries Glossary of Legal Terms (NYS Unified Court System)
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State of N.Y. ex rel. Harkavy v Consilvio - 2nd Circuit Decision ruling holding that the state cannot use mental hygiene laws to confine individuals in psychiatric hospitals after prison terms end
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State of the Science: Implicit Bias Review in 2014
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States of Incarceration: The Global Context
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Systemic Barriers to Higher Education: How Colleges Respond to Applicants with Criminal Records in Maryland (2013)
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The Importance of an Individualized Assessment: Making the Most of Resentencing Under the Amended Crack Cocaine Guidelines (Center for Community Alternatives) (2007)
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The Price To Call Home: State-Sanctioned Monopolization In The Prison Phone Industry (Prison Policy Initiative 2012)
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The Use of CHAIRS Reports as Criminal Background Checks (Center for Community Alternatives)
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Tips on How to Work with an Immigration Lawyer to Best Protect Your Noncitizen Defendant Client (Immigrant Defense Project, New York State Defenders Association)
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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) (2006)
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Voices From the Box: Solitary Confinement at Rikers Island (Bronx Defenders 2014)
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What Can I Expect If I Am Arrested? (Legal Aid Society)
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Your New York State Rap Sheet: A Guide to Getting, Understanding, and Correcting Your Criminal Record (Legal Action Center)
