1. The Human Rights of Ex-Offenders

2. International Treaties I
Maryland Constitution: Declaration of Rights Article II
"The Constitution of the United States, and the Laws made, or which shall be made, in pursuance thereof, and all Treaties made, or which shall be made, under the authority of the United States, are, and shall be the Supreme Law of the State; and the Judges of this State, and all the People of this State, are, and shall be bound thereby; anything in the Constitution or Law of this State to the contrary notwithstanding."

3. International Treaties II
Universal Declaration of Human Rights: Article 23: “Everyone has the right work”
International Covention on the Elimination of All Forms of Racial Discrimination Art. 5 “parties [to treaty] undertake to prohibit and to eliminate racial discrimination in all its forms and to guarantee…the enjoyment of the…the right to work”
OAS Declaration of the Rights & Duties of Man, Art. XIV: “Every person has the right to work”

4. Maryland Constitution
Article 27: “That no conviction shall work corruption of the blood or forfeiture of estate.”
Forfeiture of Estate = loss of land
Loss of livelihood?
Corruption of Blood = sins of parents visited on the children

5. Maryland Court of Appeals I
Singer v. State, 72 Md. 464, 19A (1890)
“ No one questions the right of every person in this country to follow any legitimate business or occupation he may see fit. This is a privilege open alike to every one. His own labor, and the right to use it as a means of livelihood is a right as sacred and fully protected by the law as any other personal or private right.” Singer, at 1045.

6. Maryland Court of Appeals II
Singer again:
State can qualify the right
“The nature and extent of the qualifications required must primarily depend on the judgement of the state as to their necessity. If they are appropriate to the calling or profession, and attainable by reasonable application, no objection to their validity can be raised.”

7. Title VII of Civil Rts Act
Can’t discriminate on the basis of Race
Neutral Tests—like criminal records screening, can be considered to be racial discrimination
Employer can avoid this by showing the screening is JOB RELATED and CONSISTENT with business necessity

8. What Must Employers Do? Nature and gravity of the offense
The time that has passed since the conviction and/or completion of the sentence
The nature of the job held or sought
SUMMARY: JOB RELATEDNESS of Conviction and TIME FRAME INVOLVED

9. What Employers Can’t Do
No Questions About Arrests
No Broad Based Prohibitions --“We don’t hire anyone with a conviction, regardless of the crime”
Too Broad a policy—will screen out minorities at a higher rate than whites & violates Title VII

10. What is a Conviction and What Isn’t?
Guilty = Conviction
Non Convictions
Probation Before Judgment
Stet
Nol Pross
Dismissal
Acquittal

11. Probation Before Judgment
Sufficient evidence exists to convict, but court allows defendant to escape the stigma of conviction through an agreement to abide by the terms of probation
Pleads Guilty, No Contest, or Found Guilty
If Probation violated, court can enter conviction
is not a conviction for the purpose of any disqualification or disability imposed by law because of conviction of a crime. Crim Pro 6-220

12. Stet The State postpones the trial Indefinitely (forever)
May be rescheduled by request of state within one year
After one year, state needs to show “Good Cause” for rescheduling it
MD Rule 4-248

13. Nolle Prosequi MD Rule 2-247 State Terminates the Prosecution
Charge is technically dismissed but disposition is Nolle Prosequi

14. What is a Conviction and What Isn’t?
Guilty = Conviction
Non Convictions
Probation Before Judgment
Stet
Nol Pross
Dismissal
Acquittal

15. Expungement Generally—Only the Non Convictions
PBJ, Nol Pros, Stet, Dismissal, Acquittal
Recent change in law allowing some convictions to be expunged
Panhandling
Public drinking-urinating-obstruction passage
No proof MTA-loitering-park vio

16. Expungement & Nol Pross
Aside from those Nuisance crimes, only NON-CONVICTIONS can be expunged
Special Rules depending on the non-conviction
Nol Pross? Expunge anytime as long as not convicted of a criminal offense SINCE time of nol pross
Example: 01 Nol Pross, then 08 Conviction—you are out of luck

17. Expungement and STET or PBJ
Like Nol Pros – if you’ve been CONVICTED since the time of the Stet or PBJ, you have lost your right to expunge the stet or PBJ
Also, must wait three years to file expungement request (3 yrs after entry)

18. Expungement Process
File Expungement Petition in Court in which the PBJ, Stet, Nol Pross, Dismissal, Acquittal occurred
Filing Fee Waiver
Roughly 60 days—Order
Compliance with Order

19. Expungement Summary Really only good for folks without convictions
New Law—nuisance crimes
PBJ and Stet—Need to wait three years

20. Expungement Example 03 Stet– CDS possession 04 PBJ– possession
05 Stet—theft less than $300
Nothing since? Can expunge the all after three year wait and if no convictions since
File Petition
Await Orders of Compliance

21. Expungement Example II
03 Stet– CDS possession
04 PBJ– possession
05 Stet—theft less than $300
06 Guilty– CDS possesion
CONVICTION extinguishes right to expunge these charges (Stet, PBJ or Nol Pros)

22. Expungement Example III
03 Dismissed– CDS possession
04 Dismissed– possession
05 Dismissed—theft less than $300
06 Guilty– CDS possession
Still can expunge the Dismissals
CONVICTION extinguishes right to expunge a Stet, PBJ or Nol Pros

23. Recap There is a Right to Work (freedom to work)
It Can’t be abridged on basis of race
Racial disparities in arrests & convictions
Title VII of Civil Rights Act requires Employers to used a standard that is JOB RELATED and CONSISTENT with business necessity
Expungement is a limited tool—ONLY for NON CONVICTIONS (w/homeless nuisance exception) and for THOSE WHO HAVE KEPT OUTTA TROUBLE SINCE….