Collateral Consequences of Criminal Convictions Thomas Gallagher Candace Mance

Transcription

1 Coatera Consequences of Crimina Convictions Thomas Gaagher Candace Mance

2 Things Impacted by Coatera Consequences Immigration Status Renta Housing Pubic Housing Foster Care/Adoption Jury Duty Occupationa License Pubic Office Financia Aid Pubic Benefits Pubic Empoyment Private empoyment Driver s License Hunting License Voting Miitary Service Firearm Possession

3 HOUSING This information appies ony to WNC contact your oca Pubic Housing Agency for oca rues.

4 Pubic Housing: A Agencies You wi be permanenty banned if you or anyone in your househod has been convicted of producing meth on pubic housing premises. You wi be denied admission for some period of time if: You or someone in your househod is required to register as a sex offender for ife (permanent denia) You or someone in your househod has aready been kicked out of pubic housing because of drug activity (3-year ban) You may be denied at the housing authority s discretion if you have been convicted of: Drug-reated crimina activity Vioent crimina activity Any other crimina activity that might endanger residents and staff

5 Ashevie Pubic Housing Changed from traditiona pubic housing to RAD (Renta Assistance Demonstration) In RAD units move to a Section 8 patform Residents continue to pay 30% of their income towards rent and they maintain the same basic rights as they possess in the pubic housing program

6 Ashevie Pubic Housing & Section 8 Admission to HACA wi be impacted by prior crimina activity of househod members. HACA uses a ook-back period for crimina activity. Previousy the ook-back period was 5 years. Since HACA is converting to RAD, the ook-back period wi be 3 years. (5 years for any drug reated crimina activity or vioent crimes, but can be reduced if offender has competed a drug rehab program.- ACOP Specific crimes may prevent admission. The ist of crimes is sti being revised by HACA. Exampes of prior crimes: vioent crimina activity and crimina sexua activity.- If previousy incarcerated, the ength of time the cupabe famiy member has been reeased into society. no set standard ACOP

7 Hendersonvie Housing Authority HHA wi deny formery incarcerated peope for three years foowing reease. HHA wi permanenty deny admission if any famiy member has ever been convicted of murder, rape or arson, or is currenty registered as a sex offender Other grounds for denia (discretionary): vioent crimes against persons or property within five years other crimina activity within the past five years that woud adversey affect tenants, staff or property, incuding drug activity (possession of drug paraphernaia is sufficient) Fraud, bribery or other corruption in connection with any federa housing program Eviction from federay assisted housing because of crimina drug activity within the past five years

8 Madison County Pubic Housing Madison County Housing Authority Anyone registered as a sex offender for ife wi be denied admission. Any househod with famiy members who have been convicted of or engaged in the foowing wi aso be denied: Drug trafficking Vioent crimina activity against person or property (incuding attempted and threatened vioence) Producing methamphetamine Marsha and Mars Hi Housing Authorities Anyone with a history of vioent crimina activity or crimina activity that affects the heath or wefare of residents, incuding drug use, may be denied admission (discretionary)

9 Brevard Housing Authority Five year denia for specific crimes: drug trafficking; assaut; prostitution; shooting or stabbing; arson; attempted murder; others See housing poicy for fu ist of crimes Anyone who been convicted of producing meth anywhere wi be permanenty denied. Other crimina history wi be considered as part of the appication.

10 What Shoud You Do If Your Appication to Pubic Housing is Denied? Sometimes an appication is denied in error Lega services organizations ike Lega Aid of North Caroina and Pisgah Lega Services can work with cients who have been denied access to pubic housing Community agencies work with the formery incarcerated to find housing when pubic housing is not an option. List of Agencies at the end of presentation.

11 Housing Take Aways If you are not eigibe for pubic housing or Section 8 it does not mean that you are not entited to housing assistance anywhere. You may quaify for renta assistance programs offered through community agencies Private andords may be wiing to rent to you. Many andords may require background checks but some do not or wi make exceptions on a case by case basis Can t force a private andord to accept a tenant who the LL doesn t want in their renta, except Civi Rights Vioations.

12 PUBLIC BENFITS

13 Food Stamps and TANF Anyone convicted of a Cass G or higher drug feony is ineigibe for food stamps and Work First assistance for ife. Anyone convicted of a Cass H or I drug feony is ineigibe for food stamps and Work First assistance for six months after reease. Note After 6 months you can appy for benefits and meet certain criteria (ex. Assessment with a counseor to gain approva)

14 Food Stamp Changes Beginning January 1, 2016 food stamp eigibiity rues regarding abe bodied aduts change -ABAWD If you are an abe bodied adut with no kids, are under age 50, and are not disabed, or working at east 20 hours per week (or in job training activity) you wi be imited to 3 months of food stamps every 3 years.

15 Exceptions to ABAWD Responsibe for care of a chid or disabed famiy member; Physicay or mentay unfit for empoyment (documented by physician, nurse, socia worker); Acoho or Drug Addict In Schoo or taking casses. Appying for or getting unempoyment benefit Homeess Not abe to work 20 hours per week.

16 What Shoud You Do if You Are Denied Food Stamps? Sometimes an appication is denied in error Lega services organizations ike Lega Aid of North Caroina and Pisgah Lega Services can work with cients who have been denied access to food stamps Community agencies work with the formery incarcerated to find other resources when food stamps are not an option

17 Can I get Medicaid? Medicaid Medicaid benefits shoud be suspended upon arrest. But, often terminated. Under federa rues, eigibiity shoud be reinstated upon reease uness the person is no onger eigibe Inmate Medicaid Enroment (IME) system aows DOC to match inmates against Medicaid enroee and eigibiity records. This means many inmates have Medicaid when reeased. If eigibe for SSI, automaticay eigibe for Medicaid. Bottom ine check with DSS foowing reease to verify Medicaid status.

18 Can I get Medicare? Medicare Uness 65 or oder, if cient had Medicare it was probaby because they had SSI or SSDI. Because inmates remain on the SS ros whie in jai or prison (even though they do not receive checks), they do not ose Medicare eigibiity. Can start re-using card once reeased.

19 The Affordabe Care Act The Affordabe Care Act Provides: Access to heath insurance (Not whie incarcerated) Rea insurance pans just ike you get from an empoyer Premium cost can vary based on ONLY Age group Geographica area Tobacco use (surcharge is up to 50%) "FEDERAL GRANT NOTICE: The project described was supported by Funding Opportunity Number CA-NAV from the Center for Medicare & Medicaid Services. The contents provided are soey the responsibiity of the authors and do not necessariy represent the officia views of HHS or any of its agencies.

20 Affordabe Care Act Reease from detention constitutes a quaifying ife event under the ACA and entites the person to appy for heath coverage on the Marketpace Must appy within 60 days of reease Appication for Medicaid and Medicare can be competed at the same time or ca to schedue an appointment with a Federa Navigator

21 Heath Insurance 1. So you don t go bankrupt Hospita and doctor bis when you, or famiy member have an unexpected heath emergency 2. So you stay heathier with on-going, free preventative care An ounce of prevention 3. So you don t have to pay the tax penaty If you do not quaify for an exemption- the tax penaty in 2016 is $695 or 2.5% of househod income Can cost as much or more than the owest cost heath insurance pan

22 The Affordabe Care Act The Affordabe Care Act Provides: No ifetime imits You can t be denied coverage or charged higher fees for having a preexisting condition Under 26? You can stay on your parents pan Under 30? You can get a ow cost Catastrophic pan Every pan must incude- The same Essentia Heath Benefits Cover preventive services each year at no cost to you

23 How it Works Financia Assistance based on income

24 Free Hep Sign up! Get some Hep! FREE in-person assistance Ca to schedue a 1-on-1 appointment in North Caroina Ca to tak to Pisgah Lega Services Navigator Go on-ine

25 RELIEF FROM CRIMINAL CONVICTIONS

26 Expungement Restores the person s ega status to the status occupied before the crimina record in rare circumstances. Typicay imited to the foowing categories: First-time, nonvioent 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 guity Costs between $125 - $175 (depending on circumstances of charge, age of offender)

27 Certificate of Reief Reieves the person of some discretionary and mandatory coatera consequences, such as occupationa icensing bans Requirements: (1) Petition the same court where the sentence was received; (2) The person seeking reief must be engaged in or seeking to engage in a awfu occupation or activity (3) No crimina charges can be pending (4) A conditions of sentencing must be competed

28 Certificate of Reief 2 or more convictions in a different session are not eigibe for reief Cass A, B, C, D, and E feonies are not eigibe for reief

29 Convictions not eigibe for Certificate of Reief (1) sex offender registration (2) possession of a firearm by a feon (3) Motor Vehice License revocation or ineigibiity (4) Crimina Justice officer and Sheriff s Certification (5) Empoyment as a Probation Officer (6) Empoyment as a Prosecutor or Investigator at the NC Department of Justice or the District Attorney s office.

30 Jobs

31 Appying for a Job With a Crimina Conviction There are some empoyers that do not ask about crimina convictions on their job appications This aows formery incarcerated persons to get through an initia interview and impress the potentia empoyer before discosing their crimina conviction

32 How to Discose Your Conviction to Potentia Empoyers Empoyers say: appicants who are honest about their crimina convictions, and who emphasize what they have earned from their past, coud sti get the job appicants with crimina convictions shoud buid their skis and resumes by: doing vounteer work, taking casses vocationa training in their fied, freeance work, or start their own business. Community groups can hep with resume buiding, interview skis, and navigating the appication process

33 Offender-Toerant Empoyers The foowing oca businesses have confirmed that they are wiing to interview individuas with crimina backgrounds. Each business has different requirements and criteria for hiring, so pease make sure to contact a hiring manager or HR representative for more information.

34 Empoyment Agencies Addeco (828) Ashevie Staffing Resources (828) Atwork (828) Express Empoyment (828) Friday Staffing (828) Labor Finder (828) Manpower Staffing (828) Spherion (828) Sunshine Empoyment (828) Comforce Staffing Services (828)

35 OTHER BUSINESSES: Acan (Packers/QC/Production) (828) Benswanger Gass (Auto repair/gass instaation) (828) Britt & Toson Gass (Gass/pastic fabrication) (828) Dave Stee (Stee fabricators) (828) Easter Sea Society (Persona care assistants) (828) Henson Buiding Materias (Deivery, oaders) (828) J&S Cafeteria (Food service) (828) Miko (Pickers/packers) (828) Panera Bread (Food service) (828) Renaissance Hote (Hospitaity industry) (828) Residences at Bitmore (Housekeeping, janitoria) (828) Road King Traiers (Weders, assembers, drivers) (828) Service One Roofing (Roofers, aborers) (828) VA Medica Center (Various positions) (828) Waffe House (Food service) (828) WNC Paet Co. (Laborers)

36 Can I sti get an occupationa icense? Some icensing boards automaticay disquaify individuas with certain crimina convictions Some icensing boards evauate peope on an individua basis Before appying for a icense or considering a new career path, ca the icensing board for information about the impact of your crimina conviction

37 Other Matters

38 DOR Tax Stamps If you are iegay seing drugs - the state of North Caroina requires to pay taxes. You can pay taxes at the DOR offices, If you don t pay the taxes, state wi put a ien on any property you own.

39 Iega Drug Saes Tax Stamps

40 Can I sti vote with a crimina conviction? Misdemeanor conviction in North Caroina: You can sti vote even whie serving a misdemeanor sentence. You can sti vote whie awaiting tria for a feony or misdemeanor Feony conviction in North Caroina: you temporariy ose your citizenship rights, incuding right to vote. Any prior registration you had before your feony conviction is canceed by the County Board of Eections with no action on your part. Any attempt to register to vote whie you are an active feon is a feony. After competing a the terms of your sentence (incuding paroe and probation), you do not have to do anything to have your citizenship rights restored. Those rights are automaticay restored (N.C.G.S.13-1). Registering to vote, again or for the first time, is a you wi need to do before voting in the county where you reside after your discharge.

41 Can I get a passport? Most convicted criminas, incuding feons, may obtain a passport uness the terms of sentencing, probation, or paroe deny the person a right to a passport Two exceptions: (1) conviction of treason (2) conviction of a federa or state drug feony and used their passport to cross an internationa border or if the passport was used in some other way to further the offense * * Restriction ony asts whie the convicted crimina is imprisoned or on probation/paroe.

42 Can I get student oans? You cannot get Pe Grants or federa student oans whie incarcerated. Generay, if you are convicted of a drug reated feony or misdemeanor that took pace whie you were receiving Federa student aid, you are ineigibe for further aid for a period of time. If you were convicted at a time you were not receiving Federa student aid, the imitations do not appy.

43 Student Loans Con t The ength of time of ineigibiity for drug convictions depends on the type and number of convictions: Offense Possession Sae First Second Third or more 1 year from date of conviction 2 years from date of conviction Indefinite period of ineigibiity 2 years from date of conviction Indefinite period of ineigibiity Indefinite period of ineigibiity Information from FASA Facts prepared by the Office of Nationa Drug Contro Poicy - U.S. Department of Education

44 How Can I Shorten a Period of Ineigibiity? Successfuy compete an approved drug rehabiitation program that incudes passing 2 random drug tests, or Passing 2 random drug tests administered by an approved drug rehabiitation program, or Have the conviction reversed, set aside, or otherwise rendered invaid.

45 RESOURCES

46 Statewide Reentry Resources Savation Army (shetering, drug rehabiitation) WEBSITE: Goodwi (career training, job opportunities) WEBSITE: United Way (free hotine for community heath and human services resources) PHONE: dia Lega Aid (ega aid and various cinics) WEBSITE: PHONE: LANC (5262)

47 Continued JobLink Career Centers Check your oca county website; contact information varies by county. North Caroina Community Action (genera resources for ow-income famiies) WEBSITE: North Caroina Navigators for Affordabe Heath Care Act of North Caroina Dia 211 for free access to database of community resources in your area Nationa H.I.R.E. Network (job opportunities) WEBSITE:

48 Loca Reentry Resources Homeward Bound of Ashevie (sheter) WEBSITE: PHONE: (828) Ashevie Buncombe Community Christian Ministry (sheter and jobs) WEBSITE: Community Action Opportunities Life Works (jobs) WEBSITE: PHONE: (828) Serves Buncombe, Henderson, Madison, Pok, Rutherford, and Transyvania Counties

49 Continued Project Re-Entry, Ashevie office (jobs, genera support) PHONE: (828) Goodwi Career Connections Center (jobs) WEBSITE: PHONE: (828) Western Caroina Community Action WEBSITE: Pisgah Lega Services (free ega services for quaifying ow income cients)

50 Resources in Other Regions Charotte Area The Center for Community Transitions WEBSITE: PHONE: (704) Piedmont Triad Area Piedmont Triad Regiona Counci Project Re-Entry WEBSITE: PHONE: (336) Robin Howe, Crimina Justice Programs Director. Triange Area Community Success Initiative WEBSITE: PHONE: (919) Passage Home (transitiona housing) WEBSITE: InStepp, Inc. (women s reentry assistance program) WEBSITE: PHONE: (919)

51 Coatera Consequences Assessment Too C-CAT Service offered by UNC Schoo of Government C-CAT organizes North Caroina coatera consequences into three eves: 1. broad categories of activities, privieges, and rights e.g., empoyment and professiona icensure; 2. specific activities, privieges, and rights e.g., eectrica contracting; and 3. coatera consequences e.g., revocation of an eectrica contractor s icense.