Relief from Disability Pertaining to Convicted Persons Prohibited from Holding

Certain Positions (Policy Statement) A collateral consequence of conviction of certain crimes described in 29 U.S.C. §§ 504 and 1111 is the prohibition of convicted persons from service and em- ployment with labor unions, employer associations, employee pension and wel- fare benefit plans, and as labor relations consultants in the private sector. A convicted person’s prohibited service or employment in such capacities without having been granted one of the following three statutory procedures of admin- istrative or judicial relief is subject to criminal prosecution. First, a disqualified person whose citizenship rights have been fully restored to him or her in the jurisdiction of conviction, following the revocation of such rights as a result of the disqualifying conviction, is relieved of the disability. Second, a disqualified person convicted after October 12, 1984, may petition the sentencing court to reduce the statutory length of disability (thirteen years after date of sentencing or release from imprisonment, whichever is later) to a lesser period (not less than three years after date of conviction or release from imprisonment, which- ever is later). Third, a disqualified person may petition either the United States Parole Commission or a United States District Court judge to exempt his or her service or employment in a particular prohibited capacity pursuant to the pro- cedures set forth in 29 U.S.C. §§ 504(a)(B) and 1111(a)(B). In the case of a per- son convicted of a disqualifying crime committed before November 1, 1987, the United States Parole Commission will continue to process such exemption ap- plications. In the case of a person convicted of a disqualifying crime committed on or after November 1, 1987, however, a petition for exemption from disability must be directed to a United States District Court. If the petitioner was convicted of a disqualifying federal offense, the petition is directed to the sentencing judge. If the petitioner was convicted of a disqualifying state or local offense, the petition is directed to the United States District Court for the district in which the of- fense was committed. In such cases, relief shall not be given to aid rehabilita- tion, but may be granted only following a clear demonstration by the convicted person that he or she has been rehabilitated since commission of the disquali- fying crime and can therefore be trusted not to endanger the organization in the position for which he or she seeks relief from disability. Historical Note Effective November 1, 1987. Amended effective June 15, 1988 (amendment 56). Guidelines Manual (November 1, 2024) ║ 477 §5K1.1 PART K ― DEPARTURES 1. SUBSTANTIAL ASSISTANCE TO AUTHORITIES