As one of his last acts as a federal judge, John Gleeson took an novel approach on behalf of a former prisoner attempting to reintegrate to her community from a period of incarceration. The precedent it might set could change the way federal courts handle reentry.
On March 7, Judge Gleeson issued a “certificate of rehabilitation” to a nurse with a 13-year-old conviction for fraud. While more than a dozen states offer similar certificates in an attempt to mitigate some of the “collateral consequences” of incarceration such as failure to find employment or obtain licensing, there is no corresponding certificate in the federal court system.
Gleeson’s solution, according to a Wall Street Journal story, was to create his own.
Previously, the only alternative available to the courts in such cases was expungement—the sealing of court records of the accused, making those files unavailable to potential employers, landlords, and others. Judge Gleeson did take such a position in an earlier case, which legal experts believe to be first instance of a federal court using expungement as a remedy for employment hardship. The Justice Department is currently appealing that decision.
The certificate response offers a middle step—a forgiveness of past wrongdoing, without completely removing the original charges from the record.
In his decision, Judge Gleeson explains his rationale:
I conclude that while Doe has struggled considerably as a result of her conviction, her situation does not amount to the “extreme circumstances” that merit expungement. That said, I had no intention to sentence her to the unending hardship she has endured in the job market. I have reviewed her case in painstaking detail, and I can certify that Doe has been rehabilitated. Her conviction makes her no different than any other nursing applicant. In the 12 years since she reentered society after serving her prison sentence, she has not been convicted of any other wrongdoing. She has worked diligently to obtain stable employment, albeit with only intermittent success. Accordingly, I am issuing Doe a federal certificate of rehabilitation.
Judge Gleeson claims awarding the certificate is in accordance with the Justice Department’s “Smart on Crime” initiative, geared toward reducing recidivism. The “forgiveness model,” Judge Gleeson says:
… is gaining favor in the reentry community for both functional and philosophical reasons. … Where expungement relief is unavailable or otherwise unhelpful, I believe a certificate of rehabilitation can significantly alleviate the collateral effects of a criminal record by emitting a powerful signal that the same system that found a person deserving of punishment has now found that individual fit to fully rejoin the community.
The challenges those with criminal records face as they try to reintegrate into society are significant. “Outside the box” solutions like the one offered by Judge Gleeson could help to improve the odds that these men and women are able to stay out of trouble and contribute to their communities.
The Second Prison Project believes in the importance of forgiveness. Through acts of advocacy, service, and leadership, the Second Prison Project seeks to remove obstacles to reintegration, providing those with criminal records a second chance to live up to their potential. To learn more about the Second Prison Project, and how you can help provide second chances, visit www.secondprison.org.