Reshaping Goals and Values in Times of Penal Transition: The Dynamics of Penal Change in the Collateral Consequences Reform Space

Abstract

Over the past decade, reform efforts in the area of collateral consequences of conviction have succeeded in emancipating themselves from standard discourses and dynamics in the US criminal legal reform space. This article draws on concepts and insights from the literature on penal transformation to explore the unique interplay of goals and values that have led to recent collateral consequences reforms. It identifies three major drivers of change that have had a significant impact, particularly, on softening occupational licensing restrictions for individuals with a criminal history and passing criminal record clearance legislation. First, advocates of the economic libertarian agenda joined forces with civil libertarian groups to reduce occupational licensing hurdles for criminal record holders. Second, an attitude promoting redemption and second chances through criminal record clearance reform has been championed, in particular, by the Christian right. Third, economic concerns by employers seeking to hire individuals with a criminal record have become more pronounced in tight labor markets, both pre- and post-pandemic. The analysis concludes that, although much remains to be done, ongoing reforms represent a significant reshaping of the collateral consequences landscape. A logic of unworthiness toward individuals with criminal records, however, remains hard to eradicate and can easily resurface in the current unstable phase of penal transition.