Being familiar with the history of novahealthforce.com and why it was created, this petition provides the exact kind of creative-solutions Virginia is looking for.  With this petition, the VBPT and Commonwealth will be an example for other states to follow.

Research finds that people with criminal records seeking reentry face a daunting array of counterproductive, debilitating and unreasonable roadblocks in almost every important aspect of life. More than 630,000 people are released from state and federal prisons every year, a population to that of Baltimore or Boston, and hundreds of thousands more leave local jails. Rather than helping them successfully transition from prison to community, many current state and federal laws have the opposite effect, interfering with the rights and obligations of full citizenship in nearly every aspect of people's lives. These laws diminish public health and safety. They undermine the nation's commitment to justice and fairness, creating roadblocks to basic necessities for hundreds of thousands of individuals who are trying to rebuild their lives, support their families and become productive members of communities.

Each person should be judged on his or her merits and not on stereotypes, prejudice, or stigma, and have a second chance to establish him or herself in a law abiding life with the privileges and responsibilities of citizenship. Maximizing the chance that people with criminal records can successfully assume the responsibilities of independent, law-abiding citizens is a critical component of guaranteeing and reinforcing the community's legitimate interest in public safety and health.

The following is a story taken directly from the report on "The Use of Criminal Records in College Admissions":

Juan' graduated from a from a four-year university in May 2010. He began his higher education at a community college which did not ask about his criminal record. But questions about criminal convictions were included on the application to the four-year institution to which he transferred. Juan's criminal record made it difficult for him to enroll and attend the school of his choice. He was admitted after undergoing reviews of his record (which pre-dated college) but the university placed him on disciplinary probation. He remained on disciplinary probation for the next two years in spite of the fact that he had no further criminal involvement or on-campus problems of any kind. Each semester a hold was put on his admission and he would have to go through a special review before being permitted to return. Disciplinary probation status restricted Juan's ability to full participate in campus activities. He was selected for the Beta Alpha Psi Honor Society, but his disciplinary probation status prevented him from serving as an officer or representing the university in any way. Juan graduated with honors and applied and was accepted into a graduate MBA program at the same university. Despite the fact that he has an excellent undergraduate record, the university will require that he continue on disciplinary probation while in graduate school. Juan has appealed this decision. At the time this study was completed, Juan was notified that his appeal was successful and he will no longer be subject to disciplinary probation. While he is pleased with the results Juan stated that he was bothered by having to go through a process after so many years. Juan was disappointed that he could not be an officer and could not represent the university. He also found the university's attitude towards him to be very discouraging and could understand how someone with less commitment and fortitude would be deterred from pursuing their higher education goals. Despite these obstacles, Juan describes college as 'part of his redemption... College has helped change my life'.

Juan's situation is not an isolated example. Juan's story is one of many that show how a criminal conviction can serve as an unfair and unjustified obstacle to gaining a higher education.

The last point in favor of this petition is that Federal Agencies, including the DoD and State Department do case-by-case reviews of individuals with felonies. The "considerations" described in Mr. Tarantino's memorandum are closely aligned with the considerations described here: http://www.state.gov/m/ds/clearances/60321.htm#h

Thank you for your consideration.

Richard Kabanuck

Resources:

After Prison: Roadblocks to Reentry: A Report on State Legal Barriers Facing People With Criminal Records -- By the Legal Action Center

The Use of Criminal History Records in College Admissions, Center for Community Alternatives-Innovative Solutions for Justice