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The Role of the Courts in Managing the Collateral Consequences of Conviction

Course Number
LEL707

Last year, Judge John Gleeson caused a stir when he expunged the record of a woman he had sentenced years before and later issued what he called a “certificate of rehabilitation” to one of her codefendants. The 2nd circuit reversed his order, holding that federal courts, unlike the courts in many states, have no authority to grant this relief.  At the time, Judge Gleeson said that he wanted to “get the conversation started” about what courts can do to assist people dealing with the debilitating effects of a criminal record. 

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Course

Last year, Judge John Gleeson caused a stir when he expunged the record of a woman he had sentenced years before and later issued what he called a “certificate of rehabilitation” to one of her codefendants. The 2nd circuit reversed his order, holding that federal courts, unlike the courts in many states, have no authority to grant this relief.  At the time, Judge Gleeson said that he wanted to “get the conversation started” about what courts can do to assist people dealing with the debilitating effects of a criminal record. 

Following Judge Gleeson’s lead, we will consider the role of the courts in mitigating or avoiding collateral consequences, including how courts interact with other branches of government in restoring rights and status after conviction.

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