Judicial Restoration of Rights as an Auxiliary to the Pardon Power

Abstract

This essay outlines the pressing need for a robust use of pardon power to address the cascading consequences of criminal convictions. It argues that a scalable auxiliary to presidential pardon power is a legislative scheme that harnesses the federal court system to conduct individualized reviews and adjudications of petitions for the restoration of rights. In the digital age, where nothing can be truly forgotten, these judicial certifications of rehabilitation, coupled with clear prohibitions on considering criminal records, are the most effective way to address the profound collateral consequences of criminal convictions.