The Collateral Consequences of Exoneration
The holiday season is often a time for family gatherings, and while many will be preparing for reunions in the coming days, it is important to remember the roadblocks returning citizens face.
For instance, background checks cause thousands of potential collateral consequences that can impact things like housing or employment.
I can’t get time back, but our system must be definitive in its intention to restore as much as possible to the wrongfully convicted. And for those that return home for a second chance, regardless of their committing offense, they have earned the right to be truly free from continued punitive measures and free to be with family.
This is also serves as a reminder that a clean slate is necessary for all returning citizens.
How can one move on if they are not removed from that stigma and stain?
As we approach the holiday season, we need to remember that returning home comes with barriers that need to be addressed. Whether it is at an army base, another state, or at home, all returning citizens must have the opportunity to be with family, away from the stigma they fight every day.
I recently saw a news report that many Florida legislators are trying to make a law allowing people to serve in the military in lieu of jail time. This sort of pretrial diversion has seemingly been resurrected from days of old. I would gladly serve my country in combat (again) to be removed from the registry for a simple CP possession offense. But I doubt the law if enacted would allow anyone charged with a sex offense this type of diversion.
Can you please provide the cite to the news report? We would like to see which legislators are promoting that idea.
In the meantime, if you go to https://www.flsenate.gov/Session/Bills/2022 you can see a list of all the Bills that have been introduced. So far no legislator has proposed such a bill.
https://www.wtsp.com/article/news/regional/florida/florida-lawmaker-proposes-bill-military-service-alternative-jail-time/67-a78d8bd0-feb8-44f7-9d11-54ac80402648
There are a lot of stories about this if anyone else wnats to look them up. Here are a few.
https://taskandpurpose.com/news/florida-join-military-or-jail/
https://www.orlandosentinel.com/news/florida/os-ne-florida-lawmakers-discuss-military-duty-replacing-jail-time-20211222-zdchwebrpjfe5cjkbypjpqpwcm-story.html
That’s great. Thanks Just!
What’s so great about it? How many misdemeanors do you think happen vs felonies with people under 25?
Primary offense must be a misdemeanor.
Total maximum possible sentence for all offenses is less than four years.
And most of the crimes that are happening among young people end up being felonies.
This is not going to see many folks getting offered to do military service since the misdemeanor convictions are few. And since a scary felony could be evasion of taxes, why is this country which is supposedly “built on Christian values” holding people’s transgressions against them and not offering the same second chance options to felony charges?
Ooops, this might be another “attack” rather than an opinionated inquiry also known as “food for thought”. Let’s see if this comment also gets deleted. Can’t have open discussions because the powers that be are popping in and seeing comments. But we wouldn’t want them to see a comment that makes them ask themselves why they hold people’s pasts against them. Can’t have that, right?
Also don’t forget if you have family over, friends who are staying for a few days to a week, to go down and register there cars and trucks at the sheriffs dept, within 24 hours of there arriving to stay at your home, on your property……
Rick
Yikes I don’t know what the laws are here. I’ll just have to drive a hour, pick my girlfriend up, and drive back home.
Even though the laws are insane. I wish your family and you a Happy Safe Holiday!!
Thank you,and you have a wonderful Holiday also…..
Rick
Think I will rent a cot at a Used car lot and go down and spend 7 hours of the Deputies time registering 350 cars and trucks LOL
Then move the next day and go unregister them. I bet the revenge they would exact on me would not be worth the mild satisfaction of showing them just how stupid this all is.
Having said, I get mad at registered people who give the people behind the window crap. THEY did not make or write the laws. And about at least 98% of the time, if you treat them right, you can get in and out without any hassle.
***Depending on where you live of course. There use to be one guy who always gave me crap even though I didn’t do anything to him. He is no longer there thank the Lord above.
I remember my 1st registration it was at the Indian River County jail right after they passed the law saying I had to register twice a year.. There was this one deputy who was being a real jerk. I was back in the processing area next to the holding cell standing by the wall. I finally got tired of his crap and asked him what time he got off he got off he looked at me funny.. And I told him I was coming back after his shift as registration could be done at the county jail, at least at that time 24 hours A-day. I kept telling the deputy to let me out of there now.. I kept hearing the talking going on in the holding cell because they were obviously listening. He tried telling me several times that i couldn’t go. Ultimately, I asked if I was under arrest, and if not, I want a supervisor. Finally he was forced to let me go.. I went back later when it was not his shift.. I often wondered what the discussion was in the holding cell after I demanded to be released and was.
To: JIM
I have always said, and believe, we are basically on probation, short of a few exceptions. I see people nowadays, with non sex crimes, get released after 30 years of prison. Many of them have finished their time, and are NOT subjected to any further obligations.
And yet, here WE are having to go in to register up to 4 times a year, and more if you have changes.
Hi CJ, i agree, having to go to sheriffs dept evey time someone or your kids come to see you with there vehicle ,for a few days is a pain, they know me down there and there always accommodate for my issues,they have always been professional …
When i had to register at the sheriffs department the first time, the person behind the desk yells out (oh you’re one of those people) in front of about 20 others, the other officer at the desk told him to walk outside, he came back an apologize for his outburst and his unprofessionalism….i was in shock….
Never had a problem since, i hope everyone on here has a wonderful Holiday and god bless….
Rick
Even though the restrictions on us have gotten worse, the way we are treated when we register, for me at least has become way more professional that when I first started registering in 1897. Oh mean 1997 but it seems like 1897.
Had a civilian,retired drill sargeant get so upset with me over what information i was supposed to fill out on the paperwork that he started screaming at me in the lobby of the sherriff’s office and struck me in the chest with the back of his hand knocking me off balance. A uniformed lieutenant was in the lobby at the time and when the confrontation started he turned and ran up the stairs instead of intervening. When the investigators contacted me and had doubts about what happened i told them that the cameras in the lobby could tell them everything they needed to know. So, yea it sounds like doing things to intentionally irritate the civilian employees who process our paperwork is a good idea, some of them are a little unstable and you might not get the response you are expecting.
CJ,
As You Know, It is All Relative…Some Really Good Ones and Some Really Bad Ones….
The Last Time I was Forced to Register Since I was Traveling beyond the 72 Hour Limit, I Went to the Local Florida Pooh-Leece Station and ‘Checked-in’.. The Male Behind the Glass was Down Right Rude; Then a Female Behind The Glass Cursed out the Male Behind the Glass…’Leave Him Alone, He Didn’t Do Anything, Just Got Caught in One of D’em Grady Stings’…and then She Replied Through the Glass, “He Looks Tough, but He is one Big Teddy Bear, you can leave now and go on with what you need to do and Have Great Day”
As I Hate To, But I Have To, Just Be Nice and Cordial Always;…..And Know the Law!
I have had a few employers take the high road and let me know that they’ll hire me anyway because it was so long ago (30 years). I’ll never be able to get a government job or a job that has government contracts, but at this point in my life it’s too late to concern myself with that. Not starting a career at 50.
I have read the contract (read plea agreement) that I entered into with the state thoroughly. Many times. I still can’t find the part where there will be “collateral consequences” of which neither side could have guessed at that time.
A plea agreement is a contract and the state is in breach! The remedy should be the termination of the contract with no consequences to the adherent party.
God knows if I was in breach, I’d be in jail.
In contract law, any ambiguity in a contract favors the party who did not draft the contract.