Collateral consequences are something that most people are not aware of when accepting a plea and how it affects their integration back into society after release. Collateral consequences affect not only the people involved but also our society as a whole. We want people coming out of the prison system to be contributing citizens. However, the collateral consequences can prohibit people from obtaining basic needs such as work, housing, and more. In this episode, Elizabeth Justesen, Esq., of the Legal Aid Society of Suffolk Country reveals information that everyone should know about before stepping into the courtroom and how to prepare for the roadblocks ahead. She also provides insight into recidivism and why some people return to prison because of society’s limitations on them.
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What You Need To Know About Collateral Consequences Before And After Incarceration With Elizabeth Justesen, Esq.
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Julia, it’s my pleasure. Thank you for having me talk about this very important issue that isn’t discussed enough, in my opinion.
The collateral consequences deal with after you’ve paid your debt to society and completed your sentence. They are the laws that automatically ban people with primarily criminal convictions from public benefits, housing subsidies, driving licenses, civic participation, educational licenses and employment opportunities. In 2015, the American Bar Association held a summit that may be identified over 45,000 collateral consequences across the country.
The biggest problem is that people come home and there’s so much hope and excitement that, “I’m going to be able to rebuild my life.” The reality is that most people will run up against these different types of collateral consequences, impairing their ability to move forward and become a driving force for recidivism. That’s why we see 6 out of 7 people on parole wind up back in prison within 3 years. It’s because they can’t move forward. They’re not given the opportunities. A lot of these collateral consequences are the problem.
I always start by looking at the overview of how we got here. To start, we have over 70 million Americans with a criminal record in the United States and over 9 million have a felony conviction. That is over 113 million families who are affected. We have 2.2 million people currently incarcerated, with another 10 to 11 million going through our local jails every year. The United States incarcerates more people, especially women and children, than any other country in the world. Our crime rates do not reflect any better results.
That’s State and Federal.
It came after the civil rights era when the United States went on this crusade and swept up low-income people, minorities, drug users and particularly people with mental health issues into these jails and prisons and put them on probation and parole. They face perpetual plush punishments, which are those collateral consequences. It started with tough-on-crime policies and then ramped up during the Reagan years with the War On Drugs. In the 1990s, we had the broken windows of policing as well as the 1994 Crime Bill, which removed education from prisons as well as forced mandatory minimums.
Collateral consequences impair people's ability to move forward, and they become a driving force for recidivism. Share on XBroken windows started in New York City with the idea that if you see a broken window in a neighborhood and don’t address it, then people will think that crime can continue without it being addressed. It started in New York City but then was spread out throughout the country. Minor offenses, such as trespassing on school grounds, kids playing basketball or turnstile jumping to beat a fare to get on the subway, became misdemeanor charges.
We then started bringing thousands of people through the court system on these very trivial charges with the idea of marking people. Also, putting them under the inspection of the courts, seeing if they could comply and forcing them to pay fines and surcharges resulted in multiple records against people. In the 1990s, this was also coupled with the digital totalization of crime records.
All the states can look and see where people have been convicted of even minor offenses throughout the country and potentially outside the country. All of this data is used against people. If you go through a stop sign, it may run your license. They can know if you had a DWI many years ago. They’ll know if you’re on parole and this becomes problematic for people. Unfortunately, it’s almost as though it becomes their defining moment instead of a mistake and they’ve moved on from it.
There’s a great book called Misdemeanorland that came out in 2018 that looked at this and showed that a lot of these misdemeanors that came through the courts weren’t about guilt or innocence. It was about matching people. Once people have that misdemeanor conviction, they come back before the courts. They’re more likely to come back on higher charges like those felonies because you’ve been labeled and marked. When you come back to the courts, you’re already identified as a problem person and you’re not going to get the benefits of saying, “I made a mistake.” It becomes very problematic and people wind up in the revolving door of the criminal court system.
I would like to add that one of the other issues that are a problem is that most people do not take their cases to trial. There’s a multitude of reasons for that but the biggest is the trial penalty. Most people who come into the court system may be watched Law & Order, CSI or all the other shows that show these trials and people are found guilty beyond a reasonable doubt. The reality is that 90% to 95% of people in prisons and jails were never found guilty beyond a reasonable doubt.
They take pleas many times because if they take their case to trial and are found guilty, they face much more significant penalties. The plea bargain is a way to resolve the case faster. Especially if people have financial issues, they can’t take another day off from work, have transportation or have childcare issues. They’re looking for a quick fix to get out of the system without appreciating all these collateral consequences that can affect them going forward.
Part of the problem is that those entering jails and prisons already have lower than average incomes. When they come home, well over 9 out of 10 employers are using background checks as part of their hiring process. Many don’t follow the legal rules as far as not discriminating against people with criminal convictions. If the States or counties don’t have what we call Ban The Box Policies, where you can ask on a job application, then that question can be right on the job application. It gets checked and then an employer is looking at those two applications. One has a check and one doesn’t. They’re going to naturally call the person who doesn’t have that box checked. If people lie, the problem becomes that’ll be automatic grounds to terminate them.
The reality is that a person with a criminal record is 50% to 63% less likely to get called back or get an actual offer. You have to combine racial and ethnic biases and implicit biases that also complicate people’s ability to have gainful employment. We know from the data and the studies that the number one predictor of whether someone will commit a new crime is whether they have gainful employment. If I can support my family and take care of myself, there’s a certain sense of pride in being able to have a good job. If you come out of prison or jail, you paid your debt to society but you can’t find that good job, what does that lead to? It leads to relapse, deterioration of mental health and falling behind on my bills.
Perhaps me falling back into those maladaptive behaviors led me to the court system, to begin with. The Federal and State employers have even higher scrutiny. You have general service jobs and things like that but then the Federal government is going to look on drug charges, as well as any type of felony and domestic violence crimes. You and I both know and as many of your readers know, certain crimes are labeled a certain way.
That doesn’t necessarily mean they were domestic violence or even violent felonies. It doesn’t necessarily have any violence. They’re labeled that way so that doesn’t necessarily mean a person was convicted of that label charge. That becomes a very big problem. Federal and State laws vary. Readers will be provided a list of different websites they can look on for their specific state to determine what rules they have as far as excluding people with criminal convictions from different types of employment. There are legal reasons to exclude people, such as their crime being related to the job they’re going to do or they pose an unreasonable risk to the population they’re going to serve or work with. Honestly, many people are using blanket discrimination against people with criminal convictions.
The military can be very selective in who they will allow in. Even what we have in New York State and in German and contemplation of dismissal in other states is the nolo contendere plea where you don’t plead anything. Maybe your case gets adjourned for a certain period and then it gets dismissed. Even that can affect your ability to get into the military. The military does have waivers for certain types of crime, depending on how you test on their entrance exams and what skills you may have that they need.
In times of war, they may still draft you with those criminal convictions. The reality is when we are talking about young people who get caught up in the system land may be looking towards the military as their way out of low-income and impoverished neighborhoods. The fact is they’re more likely to come in contact with the police and the court system, which then can prevent them from getting into the military. If people go to Military.com, they have tons of information there to talk about what may or may not be prohibited for them to join the military.
Law enforcement has a lot of exclusions. That no plea can be a problem but felonies and serious misdemeanors changes from state to state. Unreported past crimes can prevent you. If you were brought up on allegations but never charged, maybe there wasn’t enough evidence or you didn’t do it and they could make the case. Domestic violence charges and past or current drug use will be a problem as a dishonorable discharge from the military.
Poor credit history. We see even more employers looking at that as being an issue, which people who have come through the court systems many times have judgments against them for the fines and fees or restitution. That can be problematic. A poor driving record will be a problem, as well as poor employment history. People who come through the court systems, we know, have poor employment histories because they’re, many times, wrongfully discriminated against in the employment arena.
Not necessarily. What happens with occupational licensing varies from state to state and I’ll use New York as an example. We have over 107 educational licenses here in New York. Each state varies and they’re run by different education boards. What we see is that people who have criminal convictions are turning their life around and looking to start a career. Some of them will get to school and they’ll pass the test.
What happens is the educational licensing committee will deny them the license. I was working with a client with a felony drug conviction from well over thirteen years prior. She took a Real Estate course. She took the Real Estate Licensing exam. She went to apply and they said, “You can’t become a real estate agent because of that thirteen-year-old drug charge.”
The United States incarcerates more people, especially women and children, than any other country. And our crime rates do not reflect any better results. Share on XWe tried to fight it. Unfortunately, we were unsuccessful for her. I’ve had other clients. When we fight it, it is successful. Healthcare, public employment and jobs in education and schools are the top areas that exclude people. Healthcare is one of those places, especially since COVID where we are struggling to have enough people work. I see people all the time, even on sealed cases or non-criminal cases, get excluded initially from jobs in healthcare.
The Department of Health will tell, “You can’t work here,” or give people a 30-day window to prove their evidence of rehabilitation but it’s always an uphill battle and a struggle. What I find is that many people who’ve come through the carceral system already feel somewhat defeated and then these things happen. Many lose hope. They don’t have the energy or the resources to fight.
If they’re not coupled with the right agencies that can help them, a lot of nonprofits or projects such as the one I run, don’t know where to turn to. An attorney is, unfortunately, $1,000, $2,000, $3,000, $4,000 or $5,000 to try and help them with this process. They don’t have that money. What does it lead to? It leads to people feeling bad and having low self-esteem, which is more likely to lead to triggering maybe a relapse and the deterioration of their mental health. Making those poor decisions is leading them back to the court system. It becomes that revolving door. Not only do these licensing entities have mandatory restrictions but some even have discretionary, which allow them to impose a restriction or not but many will still, even if it’s discretionary.
In my experience, trade schools have become much more open-minded and have welcomed folks who have come through the system. There are a lot of trades that are offered in certain jails and prisons that can help people come out even with a certificate. Sometimes if there’s licensing involved, that can be a problem. We were working with a client who was a barber while they were in prison.
When they came home, they denied him the barber license as an aside. We had to fight for him and eventually got it but it took a lot of work. Trade schools have been much more forgiving in that sense. However, the problem becomes when that business, let’s say that electrician or plumbing business, gets a job at a State or Federal site and they’re doing that heightened background check, workers can be excluded and people get furloughed.
Unless that business has little side jobs they can do, many times they wind up out of work. Sometimes, if they haven’t worked long enough, there’ll be denied unemployment. Nobody wants to be unemployed if you have a trade, a job or skill. They want to be working. It reinforces the idea that people lose hope and then wind up back into the system because of all the steps and things that have broken them or been a barrier for them.
Since the 1994 Crime Bill, they’ve removed a lot of people’s educational ability to get Bachelor’s degrees and things while they’re in prison. Though, there has been movement, especially in a lot of states to reinstate that.
In 1994, they removed the ability for certain types of educational programs in Federal prisons and then some states took that and follow that lead. There are prisons in states that do allow for educational degrees. Sometimes someone will get their associates and then try and get into their local university for that four-year degree and they can be denied. Between 60% to 80% of private institutions and 55% of public institutions require people to answer criminal history questions as part of the admission process and 40% of community colleges also report collecting such information. That can be a problem. I’ve had people, particularly if they have sex offenses, fight to get into school. On that note, not all sex offenses are equal.
I had a client who was 20 and was dating, he thought, an 18-year-old girl. It turned out she was fifteen and he wound up with rape too. He couldn’t afford bail and took a plea to an attempted rate too. He’s a violent felony offender. He’s been on the sex offender registration here in New York for at least 25 years. He had to fight to get into school. It took him over a year and a half to get into an associate’s program.
Finally, he did and is moving forward. If you don’t have the resources or the skills to fight and advocate for yourself, it becomes problematic. The other thing is Federal Student Aid. You could be banned if you have any type of drug charge, even lower-level drug charges. FASFA is Federal so even if it’s marijuana that’s legal in your state, you can still be barred from getting Federal Student Aid.
How are people supposed to afford to pay for college if they can’t get the student aid that everybody else gets? There are certain tax credits you can also be denied, especially due to the sale of drugs or possession of a controlled substance. Marijuana is included in that because it is not Federally legal.
Collateral consequences came to the forefront in 2010, following a case where a man who was convicted of drug charges and had been a 40-year permanent resident. His lawyer had told him, “Don’t worry, you won’t get deported,” but he was deported. In 2010 in Padilla v Kentucky, the Supreme Court said that lawyers must advise of immigration consequences.
This started lawyers thinking about some of the collateral consequences, not all but one of the things that are also intriguingly connected is people’s right to travel. I worked with a client who came into our project because he had attempted to go up to Canada with his daughter for her graduation. The present was to go up to Niagara Falls and they had a whole week book trip. He got up to Canada and had a DWI charge from twelve years prior.
When he got up there, they ran his name and said, “Nope, you can’t come in here.” He was shocked and mortified because his daughter, who had been eight at that time, didn’t even know he had a DWI. We were subsequently able to seal that case but he would still have to take affirmative steps in Canada, which can be upwards of $5,000, to get entry.
There were other countries, a European Union, for anything with over 3 years of imprisonment or drug charges with more than 2 years. Germany seemed to be even stricter. For Australia and New Zealand, any offenses within the last ten years. You’d have to determine what does it mean by offenses? Does that mean felonies, misdemeanors or even non-criminal cases?
In Japan, any crime punishable over a year, which is usually a felony, they’re not going to let you in. Many other countries make increases during your visa application, will collect details about the record and then may let you in if you provide rehabilitative evidence such as schooling. You may be done drug treatment, stabilize your mental health or do different things that show that you’re not likely to offend while you’re in that country. People don’t necessarily realize that. They can be shocked and lose lots of money on a trip they booked when they’re denied entry.
Not even out-of-state but sometimes you might not even be allowed out of the county without permission from your parole or probation officer. These are a lot of restrictions on people’s ability to live. It also becomes problematic when, let’s say, I’ve worked with clients who get a job that sometimes travels to the next county. They’re on parole and their parole officer says, “No, you can’t take that job back.” I’ve had that be a problem multiple times where the business has jobs in multiple areas.
Indeed, justice is not blind, but this can be problematic for people trying to rebuild their lives. Share on XI live on Long Island so it’s very easy to go to Nassau County from Suffolk County. Clients have been told they can’t take jobs or if the time. Let’s say they have a 7:00 curfew. Sometimes they have to work till 8:00 or 9:00 at night. They can be denied being able to take that job because it goes beyond their curfew, which is counterproductive when we think about why people are on probation and parole.
Civic participation can be dramatically impacted. Whether you have felonies or misdemeanors, you have to check with your state on whether you’d be allowed to vote. Where I am in New York, they changed the law. Previously, you could not vote while you were in prison but you could if you got a party in while you were on parole. Now it’s automatic once you leave prison. I feel like they don’t want people to know that so much. Trying to get vote absentee ballots in our local jails has been a complete disaster. They do not want to do that. Voting is key to getting people into office who can help change these laws.
There are also public office restrictions. Despite the fact that the constitution allows convicted felons to be a member of Congress, even if they spend time in prison, most jobs do not allow that. In many states, you would have to seek some type of post-conviction relief to allow you to run for some type of public office, even your local town council. Many states will prevent folks from serving on a jury if they’ve had a conviction.
It’s counterintuitive because if you’re supposed to have a jury of your peers, I’d like to think I’d want people who’ve been through the court system on my jury who know it rather than those nice housewives or police officer’s partners who have the time to be on juries. I want people who have experienced the system who can be a little bit more understanding of what it’s like to come through the system but many states have different prohibitions to serving on a jury.
Gun rights can be impacted in many states. If you have certain types of charges, particularly domestic violence and/or felonies, specifically if they’re violent felonies, you will not be allowed to own a gun anymore. This becomes very problematic, especially in rural areas where hunting is part of the culture as well as for feeding families, especially in these economic times. Gun rights can certainly be impacted.
Some will allow for post-conviction relief but depending on what state you’re in and their position on gun rights. It can be very difficult to get back. Housing can be dramatically impacted. Especially if you are seeking some type of subsidized housing under Section 8, there are absolute bars to subsidize housing for lifetime sex offenders and those convicted of methamphetamine charges. They don’t need proof evidence beyond a reasonable doubt, such as what convicts people. They only need a preponderance of the evidence.
Even if you are brought up on charges and not found guilty, they can still use that against you. In addition to these mandatory prohibitions, there are a lot of permissive, meaning that the public housing authorities can prohibit people from entering if they’ve had any type or allegations even, of drug-related criminal activity, violent criminal activity or any activity that could threaten the health, safety or right of peaceful enjoyment of the premises by others.
A preponderance of the evidence, which is 51%, is not even beyond a reasonable doubt. Another area where people need to check is public benefits, their ability to get food stamps and other supportive services to help with. Some states will exclude people who particularly have controlled substance charges. Think about it.
I got out of prison because I was addicted to drugs. Only 1 out of 5, drug charges are related to sales. Most are about possession because people are possessing and many sales are related to people supporting their addiction. I might be a little biased as a defense attorney but that’s the reality of the data when we look at prison policy initiatives, the sentencing project type of statistics and the studies they’ve done. “I get out of prison or jail. I have to get back on my feet. I go down to my local social services office to try and get some food stamps. I get denied.” “No, you can’t get food because you had this test drug charge.” That’s a problem.
The restitution in some states, there are fees for incarceration so you have to pay back the prison system. There are court fines and surcharges. What happens is people get incarcerated or they’re on probation and parole. These fines and fees start going to judgment, collecting interest annually. What started as a $250 fine is a $3,000 fine. People couldn’t pay the $250, let alone the $3,000. It impacts their ability many times to get that post-conviction relief that will help them get better jobs to help them pay these fines, restitution and fees. It almost becomes a catch-22 for people. You can’t pay the fines and fees and restitution because you don’t have a good job once you’ve come out of jail, prison or been under some supervision.
You have these fines, fees and restitution so you haven’t paid them in the post-conviction arena. Many are related to that. Many employers are doing credit checks. They see the people have all these fines and fees. In judgment against them, they don’t want to hire them. Many times if an individual hasn’t paid restitution, the courts consider that they haven’t completed their sentence.
In some states like Florida, this renders people ineligible to vote. This criminal restitution, fines and fees are not dischargeable in bankruptcy and when judgments are entered, it can affect people’s ability to get jobs, loans, as well as adequate housing. We’re talking about more barriers against people from moving forward in their lives.
If we want to know why people wind up back in prison, it’s all there. This not only affects the person who faced the conviction. It affects the families. There was a 2015 report on Report.org that showed that the average family pays over $13,607 for the court case. That’s not to mention the commissary money if they’re traveling to visit their loved ones. We know that people are not located close to their families. It can be a 7 to 10-hour drive. Many people can’t even afford to see their loved ones.
When folks come home, we see people get discriminated against in housing. Let’s say they’re living in a house and their loved one wants to come live with them and the landlord says, “I don’t want him around here. No, you can’t.” Maybe they’ve even signed a lease saying that no one can be under some supervision to live there. What happens is many people coming home wind up either homeless or in shelters.
The unfortunate reality is our shelter system in the United States is not a very well-oiled machine. Many people face drugs and mental health issues. They can even be assaulted in the shelter systems. These are things that constantly affect people’s ability to move on with their lives. They get trapped in these perpetual punishments. Many people call them paper prisons because what happens is that on paper, they are still incarcerated. When people look at their background check, employment history or credit history, those items become their paper prisons.
Many people have lost things during the process. There are a lot of civil forfeitures that go on. There have been studies to show that law enforcement agencies are awry on this money for their budget. It incentivizes their forfeiture of cars, cash, phones and different items from people’s houses. Not just the person who’s brought up on the charges but anyone else that’s in the house is subject to this. People can lose their homes, vehicles or livelihood, even if they’re found innocent, which we know many or even not people take that plea and/or are found guilty in a system that I would suggest is not fair.
Justice is not blind but this can be problematic for people trying to rebuild their lives. Many people are traumatized after their family has gone through this and they may not be able to get any of this property back. How do you then move forward, especially with their loved one who’s incarcerated, was the main breadwinner or at least a contributor to the household?
The things that attorneys, families and advocates need to do is that before the sentencing happens, we need to understand what potentially could affect this person if they are convicted of the charge, especially if they’re taking a plea. Our office has instituted a collateral consequence checklist. We go over the top factors and try to determine does a person rely on public benefits.
Does a person have an interest in maintaining their gun rights? Will this plea affect their driver’s license? Do they understand they won’t be able to serve on a jury? How can you make an informed decision on whether to take a plea or not if you don’t understand all these potential consequences down the road? The reality is that when we are plea bargaining, we can advocate for clients that some of these collateral consequences are beyond the pale.
They are fundamentally unfair, especially if, let’s say, a client with a nursing license and had an injury. They became addicted to drugs and stole some pills that were going to be thrown in the garbage. I had a case like that. The client was a veteran. He got injured in Afghanistan, came back with that injury and got addicted to pain meds. He was a medic in Afghanistan. He stole some pills that were going to be thrown out. He got brought up on charges. They wanted to take away his nursing license, despite the fact that there were programs to help nurses who became addicted. He was already suspended from his job. They wanted a revoked for a long period.
In that case, unfortunately, he had a private attorney who agreed to that in part of the plea bargain instead of trying to come up with a different way to monitor him. Make sure he was doing well in his drug treatment program and with the program, with his educational licensing so that he could get his RN back at some point. We need to advocate for that and make judges and prosecutors aware because they don’t appreciate this at all. I would suggest to you that many attorneys don’t even appreciate this. It wasn’t until Padilla that attorneys, in particular, started paying attention to immigration, then it became a mandate. I will say that in certain states, we see these collateral consequences become not collateral anymore.
In New Mexico, it is required to register as a sex offender if you don’t inform your client ahead of time. That can be ineffective assistance of counsel and the attorneys committing malpractice. Here in New York, if you don’t tell your client about the driver’s license implications for taking place, such as they may never drive again, that has been determined. I always tell at least lawyers, “You never know what the next one is going to be.”
It’s better to advise clients what the consequences are and for people who are going to the courts to at least do to advocate for themselves and ask their attorney if this is going to be an effect. If they have subsidized housing if they’re receiving benefits, will this be affected by this plate? It doesn’t mean that maybe we change that outcome but the client must know or the person coming through the courts must know.
If you’ve already come through the system and been affected by this and the lawyer should have told you, there is something you can do as far as a re-sentencing motion to say, “My lawyer was ineffective because they didn’t tell me,” or the post-conviction relief may help the clients. Each state varies in what they offer. Some states have a clean slate. Some have different types of post-conviction certificates that can help folks but they have to investigate that.
I would suggest people to look for ReEntry.net. It is a great resource for folks who are coming out of the court systems to look for post-conviction agencies that help with post-conviction. Also, look at contacting their local law schools. Local legal aid societies sometimes have those resources where people can get that post-conviction relief that will help them reintegrate more cohesively as opposed to being left. They’re left out despite being home, still stuck in this system where you can’t move forward.
Thank you, Julia. I work with people every single day who have come through the systems trying to rebuild lives. I always tell people that when we find the right resources to connect with, we can help people rebuild their lives. It’s important for everyone in a country built on Judeo-Christian values. Forgiveness is a tenant of those philosophies. We need to apply it here. I suggest people don’t give up hope and keep fighting for the right to be fully back into being a full participant in society. I’m sure on the battle lines with you. I encourage people to look for those resources in their community so that they can move forward too.
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Important Links
- Legal Aid Society of Suffolk County
- Misdemeanorland
- Military.com
- Federal Student Aid
- Report.org
- Prison Families Alliance
- ReEntry.net
- Prison: The Hidden Sentence
- Contact@PrisonTheHiddenSentence.com
- www.TheSentencingProject.com
- www.PrisonPoilicyInitiative.com
- https://SSRN.com/Abstract=3718644
- http://dx.Doi.org/10.2139/SSRN.3718644
- https://bja.OJP.gov/sites/g/files/xyckuh186/files/media/document/PleaBargainingResearchSummary.pdf
- https://Restoration.CcResourceCenter.org/
- https://www.AmericanProgress.org/issues/criminal-justice/news/2020/06/25/486864/
- https://www.Nolo.com/legal-encyclopedia/State-Laws-Use-Arrests-Convictions-Employment.html
- https://www.Trade-Schools.net/articles/Jobs-For-Felons
- https://www.Brookings.edu/research/Thinking-Beyond-The-Box-The-Use-Of-Criminal-Records-In-College-Admissions/
- https://www.NCSL.org/research/elections-and-campaigns/felon-voting-rights.aspx
- https://www.PrisonPolicy.org/reports/juryexclusion.html
- https://www.HUD.gov/sites/documents/12-28PIHN12-11HSGN.PDF
- https://www.Clasp.org/publications/report/brief/no-more-double-punishments
- https://JjRec.files.wordpress.com/2014/08/debtpenalty.pdf
- https://CcResourcecenter.org/2020/08/03/the-clean-slate-initiative-a-national-bipartisan-coalition
- www.CommunityAlternatives.org
- https://www.Vera.org
- https://www.ACLU.org
- https://niccc.NationalReentryResourceCenter.org
About Elizabeth Justesen
Elizabeth is currently the Chief Community Outreach Officer of the Legal Aid Society of Suffolk County and conducts numerous programs educating community members in the various issues they confront in the court system and knowing their rights. Prior to that, Elizabeth was a practicing defense attorney at the Legal Aid Society of Suffolk County for ten years, defending children and parents in family court, then defending clients in criminal court. She holds a Master’s in Social Work, and for the last nine years has overseen and developed the Social Work Bureau within the organization.
Elizabeth is the chair of the Resources sub-committee for the Suffolk County Re-Entry Task Force which works to improve the lives of people re-entering the community. She also serves on the executive board of New Hour, a nonprofit assisting incarcerated women and their children.
Elizabeth is the supervising attorney for Breaking Barriers, a pro bono project at Touro Law School assisting persons with criminal convictions overcome barriers to employment and educational licenses through the application of certificates and sealing motions. Elizabeth is an adjunct professor at Touro Law Center where she teaches a Holistic Criminal Defense Clinic and a Post-Conviction Clinic, and at SUNY Stony Brook where she teaches Forensic Social Work for the Master’s program. She is a certified trainer through SAMHSA on “How Being Trauma-Informed Improves Criminal Justice Outcomes” and currently serves as Co-Chair for the Suffolk County Women in the Courts Committee (2021-2023 term).
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