Edited by Avis Whyte, Patricia Tuitt & Judith Bourne

In 1965 the UK enacted the Race Relations Act while the International Convention on the Elimination of all Forms of Racial Discrimination (ICERD) opened for signature and ratification. In the US, the changes that brought down the walls of segregation, conveying some equality to black people essentially began with the Civil Rights Act of 1964. These ground-breaking instruments marked a commitment—domestically and internationally by the state parties to the ICERD—to address racial injustice and inequality through legal means. Yet, the intervening years reveal the challenges of pursuing racial justice and equality through the medium of law. In recent years, allegations of institutional racism have been levelled against numerous public institutions in the UK, while the rise of populism globally has challenged the ability of law to effect change. This edited collection draws attention to the need to reflect on the persistence of racial inequalities and injustices despite law’s intervention and arguably because of its ‘unconscious’ role in their promotion. It does so from a multiplicity of perspectives ranging from the doctrinal, socio-legal, critical and theoretical, thereby generating different kinds of knowledge about race and law. By exploring contemporary issues in racial justice and equality, contributors examine the role of law—whether domestic or international, hard or soft—in advancing racial equality and justice and consider whether it can effect substantive change.

London: University of Westminster Press, 2024. 222p.

By Margaret Love

This report deals with a form of relief from the collateral consequences of a criminal conviction that is less far-reaching than expungement or other forms of record clearing, but is potentially available to more people at an earlier point in time. These so-called “certificates of relief” do not limit public access to a person’s record, but they may be effective in reducing many conviction-related disadvantages in the workplace, including by providing employers and others with protection against the risk of being sued for negligence. At least as long as expungement and sealing remain unavailable to many people with a felony conviction record, or are available only after lengthy waiting periods, certificates of relief can provide an important addition to a state’s reentry scheme, and serve as a bridge to more thorough forms of record relief like expungement. We believe that, rather than competing as alternative forms of relief, certificates and expungement can operate as complementary parts of a structured system of serially available criminal record relief. Yet it appears that certificates have been largely ignored in many states by courts that are empowered to dispense them, as well as by the advocacy community whose clients might benefit from them. State court systems have failed to collect, track, or aggregate basic data like the number of certificate applications, grants, and denials, a failure that makes it almost impossible to evaluate a certificate’s effectiveness in a given state. At the same time, in a promising development, certificates are being used by prison and parole agencies to facilitate reentry for those exiting prison or completing supervision. Given the perceived limits of record clearing as a comprehensive reentry strategy, social science researchers have become interested in studying the effect of laws that aim to increase the positive information about individuals with a criminal record to counter the negative effect of the record itself. This report is intended to support these research efforts by describing the state of the law relating to certificates of relief in the 21 states that now offer them. A follow-up study will look at the state of executive pardoning

Washington, DC: Collateral Consequences Resource Center (CCRC), 2024. 42p.