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14 Punishment & Soc'y 3 (2012)

handle is hein.journals/punscty14 and id is 1 raw text is: Article Punishment & Society 14(1) 3-28 Are crim inal convictions @ The Author(s) 2012 Reprints and permissions: a public matter? The USA and Spain punsagepubcorn James B. Jacobs New York University, USA Elena Larrauri Universitat PomPpeu Fabra, Spain Abstract A criminal conviction, if widely known, constitutes a life-long stigma that limits the convicted person's employment and other opportunities. European countries, including Spain, recognizing an individual right of informational privacy and a societal interest in limiting recidivism, sharply restrict the dissemination of individual criminal history infor- mation. By contrast, the USA, in accordance with its commitments to judicial transpar- ency, free speech and the individual's right of self protection, allows (and even promotes) extensive dissemination of individual criminal history information. This arti- cle compares the profoundly different policies on providing public access to individual criminal history information in Spain and the USA, illuminating the cultural and legal values behind each country's policies and the tensions both countries encounter in attempting to reconcile these policies with other socio-political values and goals. Keywords collateral consequences, court records, criminal records, informational privacy, re-entry, rehabilitation Introduction Whether individual criminal history information should be public information available to anybody who is interested, or kept partially or totally confidential, has important implications for a convicted offender's future. The defendant may Corresponding author: James B. Jacobs, New York University - School of Law, 40 Washington Square South, 322A, New York, NYI10012, USA. Email: jamesjacobs@nyu.edu

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