Judicial fees and fines that individuals convicted of crimes cannot afford to pay are all too often all that prevents a second job opportunity and a productive, independent life for low-income adults with a criminal record.
But state laws make it almost impossible for low-income earners people with a criminal record to get the clean slate that is a practical necessity to start successfully again, according to a new report entitled “The High Cost of a New Beginning,” from the National Consumer Law Center (NCLC) and the Collateral Consequences Resource Center (CCRC) ).
In other words, unpaid court debt, including outstanding reservation fees, drug testing fees, representation of a public defender, room and prison pension, and other costs, makes it difficult if not impossible, that people can clean up and access their criminal record. employment, secure a place to live and support themselves and their families. Delay fees and interest often accrue only to aggravate the problem.
As a result, Former convicts with outstanding debts may be caught in a vicious circle: they cannot pay their so-called “judicial debt”, they cannot get their records settled, which makes job opportunities scarce and prevents them from earning enough money to to pay. the thousands of dollars in fees and fines imposed on them.
“Price of a new beginning” in 49 states
Between 70 million and 100 million Americans, or even one in three of us, have some sort of criminal record, according to the draft ruling, a group that advocates for a fair and effective criminal justice system in the United States.
However, of the 50 U.S. states, plus the District of Columbia and the federal system, only Louisiana ignores court debt to decide whether a person is eligible for clarification or removal. found the authors of the report.
“We have found in almost every jurisdiction that pending court debt prohibits the settlement of records in at least some cases,” said National Consumer Law Center lawyer Ariel Nelson, author of the report.
The burden falls heavily on members of the black and brown communities, who have disproportionately low incomes and are more likely to have a criminal record.
“Cleaning up criminal records should not be reserved for those who can easily afford it,” Margaret Love, CCRC’s executive director, said in a statement. “States should make sure that people do not have a price out of the opportunity for a fresh start.”
Six U.S. states require that all court debt be paid so that one person can qualify for records. In these states, court debt is an absolute obstacle to a clear slate and a second chance:
- Arkansas
- Indiana
- Iowa
- Missouri
- New Mexico
- Texas
In seven other states, you only have to pay the debt that is part of a person’s conviction so that they can opt for offsetting records. The following states do not necessarily require that all rates be met first:
- Arizona
- Montana
- New Hampshire
- Ohio
- Oregon
- Tennessee
- Utah
In fifteen states, former convicts must pay certain types of debt, such as restitution or court debt associated with crimes, but not misdemeanors, before they can be considered for liquidation records. Mississippi, for example, requires the payment of court debt to clear crimes, but not misdemeanors. Some of these states authorize the extinction court to convert the judicial debt into a civil judgment or waive the requirement to pay the outstanding judicial debt if the individual is destitute.
For example, Delaware requires that fines, fees, and restitution be paid in all cases, but allows the court to convert fees and fines into a civil judgment and grant cancellation.
The following states fall into this category:
- Alabama
- Colorado
- Delaware
- Georgia
- Mississippi
- North Carolina
- North Dakota
- New Jersey
- Oklahoma
- Pennsylvania
- Rhode Island
- South Dakota
- Vermont
- Washington
- Wyoming
Fourteen states and Washington, DC, do not require the court debt to be settled in order to qualify for offsetting records, but it can be considered part of the application. Seven states and the federal system have no general law on the removal of records, according to the report.
“Poverty Poverty”
A criminal record can often turn into a life sentence for poverty, according to the report’s findings.
“We know that people with legal debt don’t pay it because they can’t. The vast majority don’t try to avoid the obligation, they just can’t afford to pay it,” Nelson said.
Judicial debt can also accumulate when it is not paid immediately. In general, late fees, payment plan fees, and interest are added to a base amount that increases the longer the debt is not paid.
“These we call‘ poverty penalties ’because if you can’t pay right away, it will cost you more,” Nelson said.
The group recommends that judicial debt be eliminated in a general way as a prerequisite for the settlement of records. “Qualifying for this should not be conditional on payment,” Nelson said.
The fact that court debt is a barrier to a person’s eligibility for a blank board also deters convicts from even requesting that their records be cleared in the first place, as it is considered too risky. play.
“They may not even be looking for relief because they know they can’t pay the application fee, and if the court considers their debt outstanding, it may not be worth spending all that money on anything,” Nelson said. .
The best path to the second chance
Nelson opposes the existence of such fees, calling them a “revenue generator for the judicial system.”
“If a state’s goal is to get the money back, it doesn’t help, it hurts. It’s not helping anyone,” Nelson said.
Removing records is known as one of the best ways for a second chance to establish a new foundation for a career, but it is not effective if it is inaccessible to those who need it most.
“It’s so devastating because court debt could be the only thing between someone and the ability to get a second chance and get a better job or a better home, because a criminal record can completely ban certain people. jobs or housing opportunities, “Nelson said.
That said, states are considering reshaping their laws to make record clearing more affordable, regardless of whether one’s debt has been paid or not.
“Our report makes the landscape look bleak,” Nelson said. “But many states are taking steps to make offsetting records available to those even with a pending court debt.”
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