U.S.S.G. §5J1.1

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 employment with labor unions, employer associations, employee pension and welfare 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 administrative 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, whichever 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 procedures set forth in 29 U.S.C. §§ 504(a)(B) and 1111(a)(B). In the case of a person convicted of a disqualifying crime committed before November 1, 1987, the

United States Parole Commission will continue to process such exemption applications.

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 offense was committed. In such cases, relief shall not be given to aid rehabilitation, but may be granted only following a clear demonstration by the convicted

person that he or she has been rehabilitated since commission of the disqualifying crime and can therefore be trusted not to endanger the organization in

the position for which he or she seeks relief from disability.