IJ’s “fresh start” cases have a simple premise: The government cannot ban people from working for irrational reasons, and laws that shut people out of occupations because of mistakes deep in their past—without looking at who that person is today—fail that standard. 

People who have turned their lives around following long-ago criminal convictions should be inspirations, not outcasts. IJ’s newest fresh start client, Melissa Brown, perfectly fits that description. But a counterproductive Virginia law forbids her from putting the changes she’s made to good use.

Watch the case video!

Decades ago, Melissa was suffering from drug addiction. Soon she began stealing to fund that addiction. In 2001, at age 27, she hit bottom. Amid a dayslong drug binge, she stole a woman’s pocketbook in a desperate quest for more drug money. She pleaded guilty to robbery and served eight years in prison. Before going, she vowed to get sober—and after getting out, she vowed to never go back. 

Melissa more than kept her promises. She also dedicated herself to using her experience overcoming addiction to help others battling those same demons. She began studying for a bachelor’s degree in psychology while incarcerated, and she completed it (with honors) after her release. Then she earned state certification as a substance-abuse counselor. The state could have denied her certification based on her felony record, but it didn’t. 

So she got to work. For five years, Melissa used both her education and firsthand experience to help people struggling with heroin. She even earned a promotion to counseling supervisor. 

But in 2018, her hopeful future was derailed. While her employers knew about her criminal record when she was hired, they didn’t understand that a Virginia law bans people with convictions for any of 176 crimes from substance-abuse counseling jobs. For most of those crimes—including robbery—the ban is forever. 

In other words, the same state that certified Melissa as fit for substance-abuse counseling now forbids her from working as a substance-abuse counselor.

This story may sound familiar. That’s because IJ challenged this same ban in 2021 on behalf of Rudy Carey. Rudy is Melissa’s former co-worker and another addict-turned-counselor shunned by Virginia’s law. Before Rudy’s case reached the merits, Gov. Glenn Youngkin pardoned his 2004 conviction (likely because of the publicity the lawsuit generated). 

That success allowed Rudy to work again, but it left the ban untouched for everyone else. The law is so draconian, in fact, that not even a pardon could lift Melissa’s ban—only one crime on the list allows for that exception. 

That’s why Melissa joined IJ in this new lawsuit to take down Virginia’s irrational scheme. It’s taken as gospel in recovery circles that the best people to help others through addiction are those who, like Melissa, have been there before. The state itself admits its law blocks people with “invaluable” experience and worsens the shortage of qualified counselors. It also torpedoes the dreams of people who, like Melissa, have earned a second chance at making an honest living.

Until they get that second chance, IJ will keep fighting.

Mike Greenberg is an IJ attorney.

Cornhusker State Shucks A Barrier To Employment

• In Nebraska, 1 out of 5 workers need an occupational license to legally do their jobs.
• In March, IJ helped pass LB16, which prevents licensing boards from denying an applicant simply for having a criminal record that is not a “direct and substantial risk to public safety.”
• Research shows that a good, steady job makes it less likely for a person who’s gone through the criminal justice system to reoffend. This is a victory for the people now free to work and for all Nebraskans!