Leaving the Justice System

The First 72 Hours

The period immediately after release is the most critical. People who leave without a housing plan, transportation, or a support contact are at the highest risk of returning to incarceration within the first few weeks. Even a basic plan changes the odds significantly.

Things to address as immediately as possible:

• Where you are sleeping tonight. If you do not have a confirmed place to stay, call 211 before or the day of release. Many cities have re-entry transitional housing or halfway houses. Your release coordinator may also have contacts.
• Your documents. Make sure you leave with your ID, Social Security card, and birth certificate. See the section below if any are missing.
• Reporting requirements. If you are on parole or probation, know your reporting schedule, your supervision officer's contact information, and any geographic restrictions before you leave the facility. Violations in the first days are often due to confusion, not intent.
• Medication. If you take medication that was being provided inside, get a supply or a prescription to fill before your first scheduled appointment. Gaps in mental health or addiction medication are a major re-entry risk.
• A phone or way to communicate. Many facilities provide a small amount of cash upon release. Prioritize transportation to your housing destination and a way to make calls.

Getting Your Documents

You need your ID and Social Security number to access almost everything: benefits, employment, banking, housing applications. Facilities are legally required to assist with this before release, but it does not always happen.

• State ID or driver's license: If you did not receive one upon release, go to your state's DMV. Many states have programs that waive the fee for people leaving incarceration. Bring whatever documentation you have. Even a release letter from the facility can help.
• Social Security card: Apply at a Social Security Administration office. If you know your SSN, you can often get a replacement card without other documents. If you do not know your SSN, contact the facility records office or state DOC.
• Birth certificate: Request from the vital records office in the state where you were born. There is usually a small fee. Some states have programs that waive fees for people leaving incarceration. Ask your re-entry case manager.
• Voting rights: In most states, you regain the right to vote upon release from prison. In some states, you must complete parole or probation first. Check your state's rules. Registration may need to be updated.

Re-entry organizations and legal aid offices can help you navigate document recovery at no cost. Find free legal aid at lawhelp.org.

Housing With a Record

Many landlords run criminal background checks, and some will decline applicants with certain convictions. This is a real barrier, but it is not insurmountable.

• Re-entry transitional housing: Programs specifically for people returning from incarceration provide short-term housing (often 6–24 months) combined with job support, counseling, and connections to longer-term housing. Call 211 and ask for re-entry or transitional housing programs, or search "re-entry housing [your city]."
• Halfway houses: Residential programs that provide structure and supervision, often as a condition of parole. Your parole or probation officer may have a list of approved programs.
• Fair chance housing: Some cities and counties have passed "fair chance housing" laws that limit when and how landlords can use criminal history in rental decisions. Search "fair chance housing [your city/state]" to find out if these protections apply to you.
• Public housing: Public housing authorities are required to deny housing for certain convictions (primarily methamphetamine production on federal premises and certain sex offense registrations), but have discretion in other cases. If you are denied, you have the right to an informal hearing to present your circumstances.
• Private landlords: Small independent landlords are sometimes more flexible than large property management companies. Be upfront and prepare to explain your situation briefly and factually.

Employment With a Record

A criminal record can limit employment options, but the landscape is changing. More employers are committed to fair-chance hiring, and many trades and vocational paths have fewer barriers than office or professional roles.

• Ban-the-box laws: More than 35 states and over 150 cities have passed laws that delay when employers can ask about criminal history, typically until later in the hiring process or after a conditional offer. Search "ban the box [your state]" to understand the rules that apply to you.
• Federal employers: The federal government follows ban-the-box rules and is required to conduct individualized assessments before denying employment based on a record.
• Licensed occupations: Some licenses (nursing, teaching, certain financial roles) have restrictions tied to specific convictions. If you are interested in a licensed field, research the specific requirements early. Some barriers are absolute, others are waivable.
• Fidelity bonds: The federal government offers bonding at no cost to employers who hire people with records, reducing employer risk. This can help if an employer is hesitant. Ask your re-entry case manager or workforce development office about the Federal Bonding Program.
• Work Opportunity Tax Credit (WOTC): Employers who hire people with certain backgrounds, including those recently released from prison, can receive a federal tax credit. Mentioning this to a hesitant employer can sometimes help.
• Re-entry employment programs: Many workforce development boards and nonprofits run job training and placement programs specifically for people with records. Call 211 or search "re-entry employment [your city]."

Benefits Eligibility

Your eligibility for public benefits depends on the type of conviction, what state you are in, and what program you are applying for. The rules are complicated. Here is a summary of what generally applies.

• SNAP (food stamps): Most people with criminal records are eligible. Federal law restricts SNAP for people with drug felony convictions, but most states have opted out of this restriction. Check your state's rules. People who are incarcerated are not eligible; eligibility resumes upon release.
• Medicaid: A criminal record generally does not affect Medicaid eligibility. You can enroll or re-enroll upon release. If you were enrolled before incarceration, your coverage may have been suspended rather than terminated. Contact your state Medicaid agency to reinstate it.
• SSI and SSDI: Eligibility for SSI (Supplemental Security Income) and SSDI (Social Security Disability) is not affected by a criminal record. Benefits are suspended during incarceration but can be reinstated upon release. Apply or request reinstatement through the Social Security Administration.
• Federal student aid (FAFSA): As of the 2024–25 aid year, drug convictions no longer affect federal student aid eligibility. Complete the FAFSA regardless of your record.
• Public housing: See the housing section above. Rules vary and there are hearing rights if you are denied.

A benefits counselor or re-entry case manager can help you understand exactly what you are eligible for. Many re-entry organizations and legal aid offices provide this at no cost.

Expungement and Record Sealing

Expungement removes a conviction from your criminal record; record sealing restricts who can see it. Either can significantly improve your access to housing, employment, and licensing.

Eligibility varies widely by state and depends on:

• The type of offense (many states exclude violent felonies and sex offenses)
• How much time has passed since conviction or completion of sentence
• Whether you have had subsequent convictions

Many states have expanded expungement eligibility in recent years, including for some felonies. Even if you were told you were not eligible in the past, it may be worth checking again.

To explore your options:

• Contact your local legal aid organization. Expungement assistance is often free. Find one at lawhelp.org.
• Search "[your state] expungement eligibility" for your state's current rules.
• Many cities hold expungement clinics where attorneys help eligible people complete and file paperwork for free. Search "expungement clinic [your city]."

Juvenile records are treated separately and are often eligible for sealing even when adult records are not. If you have juvenile adjudications, ask specifically about juvenile record sealing.

Re-entry Programs and Legal Aid

These national organizations can help connect you to local resources.

• 211: Call or text 211 for local referrals to re-entry housing, employment programs, food assistance, and other services based on your zip code.
• Legal Aid: Free civil legal help, including with expungement, housing disputes, and benefits denials. Find your local office at lawhelp.org.
• American Bar Association: The ABA maintains resources and a directory of re-entry legal services. Visit americanbar.org and search "reentry."
• National Reentry Resource Center: Resources and connections to local programs. nationalreentryresourcecenter.org
• Honest Jobs: Job board specifically for people with records and employers committed to fair-chance hiring. honestjobs.com