Constitutional Limits on Occupational Licensing Bans as Collateral Consequences of a Criminal Conviction

propose a heightened nexus requirement when licensing restrictions implicate fundamental or constitutional interests.To prevent arbitrary occupational licensing bans, courts should adopt a heightened nexus standard-rational basis with bite-when a licensing restriction turns on a past conviction.Without record-supported evidence of a present, occupationally specific risk-especially in law, medicine, and public safety, licensing restrictions should not be upheld solely on the generic basis of a criminal conviction. II. History and Legal FrameworkThe 1970's marked the beginning of mass incarceration. 8 The promotion of tough on crime policies and the war on drugs by the Nixon Administration led to a sharp increase in incarceration rates. 9 In 1970, the prison population in the United States was approximately 196,429 10 .By 1985, the prison population had more than doubled to approximately 502,507. 11In 2009, the prison population had reached at 1,615,487. 12Currently, the U.S. prison population is approximately 2 million, held across 1,566 state prisons, 98 federal prisons, 3,116 local jails 1,277 juvenile correctional facilities, 133 immigration detention facilities, 80 Indian country jails, and military prisons. 13This costs taxpayers approximately $182 billion each year. 148 https://www.aclu.org/news/smart-justice/mass-incarceration 9https://www.brennancenter.