NEW YORK – New York should join the majority of states in ending the practice of automatically suspending the driver's license of anyone convicted of a non-driving, drug-related offense, according to a new report.
The report, by the Prison Policy Initiative, says all but 12 states and the District of Columbia have opted out of the license suspension provision of a federal law that was passed in 1991.
Joshua Aiken, the report’s author, points out that there's no evidence the suspensions deter crime, but they perpetuate the injustices of the war on drugs.
"They're impacting low-income communities, communities who have limited access to public transportation, communities of color who are most impacted by these collateral consequences of drug convictions," he states.
Last year, almost 18,000 New Yorkers had their driver's license suspended for six months for drug convictions not related to driving.
Nationally, more than 80 percent of Americans rely on motor vehicles to get to work. And, according to Aiken, in one study 45 percent of people surveyed said they lost their jobs after their license had been suspended.
"A lot of times, employers, one of the first questions they ask is, ‘Do you have a consistent form of transportation?’” he points out. “So these suspensions really hamper people's opportunities to find and keep jobs."
Almost 90 percent of those whose licenses were suspended reported a decrease in income.
The 1991 federal law threatens states with loss of federal highway funds if they don't automatically suspend the licenses of those convicted of drug offenses. But Aiken says there's a relatively easy way out.
"As long as the governor and the state legislature inform the Department of Transportation that they don't believe in these license suspensions and are no longer going to enforce them, they can keep their highway funding," he points out.
License suspensions have been extended to a variety of other circumstances, from inability to pay fines to missed child support payments. But Aiken says many states are beginning to roll back those penalties as well.
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Advocates feel Connecticut and the nation can enact legal system reforms in 2025, ranging from ways to more humanely treat incarcerated people to increasing investments in communities, rather than in the criminal justice system.
In Connecticut, some advocates pushed for reforms to parole so it is not as punitive.
Wanda Bertram, communications strategist for the Prison Policy Initiative, said while similar reforms passed in New York, they have stalled in Connecticut.
"There hasn't been much movement on that in Connecticut," Bertram acknowledged. "I think that's less because these aren't winnable reforms, it's more because legislators don't see criminal justice consistently as a priority."
Overall, she feels criminal justice not being a priority for lawmakers is why reforms do not often pass in statehouses. Connecticut's 2024 legislative session ended without major criminal justice reforms passed. One of the few related bills to pass was House Bill 5524, which allocates $25 million to youth justice centers.
While many reforms were goals from previous years, Bertram noted they are reforms with long-term benefits. One is restoring voting rights for people with felony convictions who have been released from prison. Connecticut is one of several states to restore the right in recent years but she noted some of this year's defeats can affect achieving next year's goals.
"The nation's rightward turn and its election of Donald Trump and far-right congresspeople is somewhat of a defeat in and of itself," Bertram observed. "Because the ideologies that are being promulgated by those new electeds are explicitly violent with, for example, new support for the death penalty."
Despite this and other defeats from this year, she emphasized 2024 brought plenty of positives, including Massachusetts being the first state to ban life without parole for people younger than 21, the Federal Communications Commission establishing new phone rates for prisons, and several states providing funding for public defenders.
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The Wisconsin Innocence Project is ending the year with some key victories including helping with the release of two men who each spent decades in prison but the wins highlight a long-standing systemic problem.
David Bintz spent 25 years in prison and Manuel Cucuta spent 27 years in prison. Both were sentenced to life in prison, despite glaring holes in their cases.
Christopher Lau, associate clinical professor at the University of Wisconsin Law School and co-director of the Wisconsin Innocence Project, noted as remarkable as their releases have been, it speaks to a greater systemic issue coloring most of their cases and reinforces what it was designed to do.
"Part of this is just historical, the way our policing and incarceration system evolved was from basically their vestiges of slavery," Lau pointed out. "We try to keep down historically underrepresented people."
He acknowledged while not everyone may adopt such views, there is a lot of pressure to close cases and keep people incarcerated, evident by the fact the U.S. incarcerates more people for longer than any other developed country in the world.
Wisconsin's incarceration rate is 615 per 100,000 residents, a higher percentage of its population than almost any democratic country in the world. Compared with Wisconsin's total population, Black and Native people are overrepresented in the incarcerated population with Black people incarcerated at a rate 11 times higher than white people.
Lau argued in order to even begin to think about reform, the U.S. and the state of Wisconsin need to reexamine priorities and funding, as well as rethink the point of doling out such long sentences when it does not keep communities safer.
"I think there are good arguments that it makes us less safe," Lau observed. "But we still keep doing it because I think it's one, easy politically, and it's because it's where we put all of our money."
He added regardless of guilt or innocence, there are simply too many people who are incarcerated. Wisconsin is one of the few states to not ban juvenile life without parole sentences. Nearly 10% of the state's total life-sentenced population were juveniles when they were sentenced. The Wisconsin Innocence Project receives hundreds of requests per month and many are from juvenile offenders.
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Navigating the process of expunging criminal records can be overwhelming but for many, it is a critical step toward building a better future.
The Southern Coalition for Social Justice is making the journey easier with the release of the updated Umar Muhammad Clean Slate Toolkit.
Tanita Holmes, justice system reform counsel for the coalition, said the resource aims to help people determine their eligibility for relief and guides them through removing charges and convictions from their records. The goal? To provide a pathway to better economic and social opportunities.
"Having a criminal record can prevent these people from having employment," Holmes pointed out. "It can prevent them from having housing, unification and other benefits, state and private benefits and opportunities."
In North Carolina, nearly one in four people has a criminal record. Among them, around 60% remain unemployed within a year of release. Even those who manage to find work typically earn 40% less than their peers without a record.
Holmes said clean slate laws are essential for helping people with criminal records rebuild their lives. While North Carolina has made strides by expanding expungement laws to cover more misdemeanors, Holmes believes there is still more to be done. She argued there is a critical need to reduce barriers such as notary fees and improve access to resources.
"North Carolina could create better resources and access to judges, clerks and district attorneys," Holmes contended. "Because those are some of the people that you have to get in contact with and work with when you're getting an expunction."
Research shows clean slate laws in states such as California, Connecticut, Utah and Virginia have been effective in improving both public safety and economic outcomes, demonstrating the potential benefits of broader expungement policies.
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