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Imagine leaving prison with no job, no income, no savings — and thousands of dollars in court debt hanging over you. Without a way to pay, you face the constant threat of arrest and re-incarceration. For many who have served their time, this isn’t just a fear — it’s reality.
A debt to society should be considered paid once incarceration is over. But the lingering burden of fines and fees keeps people trapped in the system long after their release, limiting their ability to rebuild their lives.
Court debt — often totaling tens of thousands of dollars — is a major barrier to securing a fresh start. In many states, paying off fines and fees is required to seal a criminal record, end parole or probation, regain voting rights, reinstate a drivers license, or get an occupational license. Worse still, missing a payment can trigger an arrest warrant, putting people at risk of returning to jail simply because they can’t afford to pay.
A true second chance means breaking the link between money and justice. It means giving people the opportunity to rebuild, contribute to their communities, and move forward.
Ready to make fines and fees reform a core part of your criminal justice reform advocacy? Jump to our resources list.
Why Fines and Fees Reform Must Be a Priority
Reforming fines and fees should be a top priority for advocates and policymakers working toward a fairer criminal justice system and true second chances. Eliminating criminal justice fees and ensuring fines are equitably imposed and enforced can:
End the Cycle of Debt and Punishment
The obligation to pay off court debt even without a steady income or job prospect leaves people with little to no resources to pay for food, housing, transportation, or medical care – all of which are essential to successful reintegration. It also places additional burdens on families and communities supporting those reentering – oftentimes stretching their limited resources to the limits. The risk of arrest and re-incarceration (in addition to dozens more collateral consequences) drive people to prioritize payment of court debt even at the expense of housing or food. The result of this continued punishment of people living paycheck to paycheck creates a net-widening effect, keeping people locked into the system for longer.
Remove Barriers to Expungement
Sealing records is a proven way to improve job prospects, yet most states require some or all of a person’s fines and fees to be paid off to qualify for record clearing. One study on obstacles to record clearing found that individuals with a criminal record are only half as likely to get a callback or job offer. Removing these financial barriers – such as requiring that all outstanding debt must be satisfied to qualify for record clearing or charging fees to apply for record sealing – would allow more people to move on from their past and build stable careers.
Increase Employment Opportunities
Removing financial barriers and reducing collateral consequences means more individuals can enter the workforce, stay employed, and contribute to the economy. According to a recent study of people with court debt, nearly 19 percent of people reported that court debt impacted their employment. Additionally, 68 percent reported having to miss work to attend court dates related to their fines and fees.
Help Parents Provide For Their Families
Over 80% of Americans drive to work. Yet in half of U.S. states, license suspensions are used to coerce debt payments most often from people who could not afford to make a payment or have missed a court appearance. This makes it harder for people to keep jobs, care for their families, and meet basic needs. Debt-based license suspensions are especially harmful to the nearly half of incarcerated individuals who are parents of minor children, making it even harder for them to provide for their families after release. Ending debt-based license suspensions would enhance economic stability, mobility, and true second chances for millions across the U.S.
Make Communities Safer
Pressure to pay fine and fee debt often leads to high-risk behavior. In a recent survey of people with court debt in New Mexico, 41% of respondents indicated they had at some point committed a crime to get money to pay court-ordered fines and fees. Nearly half of respondents had resorted to “payday” loans (short term, high interest loans usually due on your next payday) or other exploitative loan options to pay fines and fees. Another study on the long-term impacts of financial sanctions found that these sanctions pushed low-income individuals deeper into the justice system through debt collection, arrest warrants, and license suspensions. Reducing the financial strain on families and communities helps create safer communities for all of us.
Strengthen Local and State Economies
Saddling people who were formerly incarcerated with court debt hurts everyone — families, businesses, and community. A report on D.C.’s “Clean Hands” law found that residents who owed unpaid fines and fees could be automatically denied occupational and small business licenses. In 2023, this impacted more than 125 occupations — affecting nearly one in five workers who needed an occupational license. One study from North Carolina evaluated the impact of license revocations on earnings across the state and estimated a statewide loss of $4.6 to $8.8 billion annually in earnings. In a poll of business owners conducted by Small Business Majority, 71% identified driver’s license suspensions from unpaid fines and fees as a detriment to finding quality talent.
Improve Housing Access, Financial Stability, and Wealth-Building
Without the burden of court debt, people can focus on essential needs and long-term financial planning, rather than scrapping together court debt payments. A multi-state study found that 50 percent of people with court-related financial obligations had experienced homelessness at some point in their lives, and 5 percent were unhoused at the time of the study. Debt from fines and fees can result in low credit scores, which can lead to difficulty accessing credit, higher interest rates, and limited access to housing, car loans, and employment opportunities.
Growing Momentum for Bipartisan-Backed Reform
Over the past several years, states and localities across the country have eliminated unnecessary fees, ended debt-based license suspensions, and reformed unjust fines. Together with a coalition of advocates, system stakeholders, and people directly impacted by fines and fees, FFJC has secured over 20 legislative victories and supported even more.
From Texas to New York, these victories have already helped millions of people regain their driver’s licenses, seal their records, get off parole and probation, and move forward with their lives. In the last seven years, twenty-five states and Washington, D.C. have ended or significantly curbed the debt-based driver’s licenses and nearly half the country has eliminated at least some fees. This year, legislators in at least half the states in this country are considering fines and fees reform. With continued advocacy and support from advocates like you, we can keep the momentum going.
Take Action: Help Push for Reform
Without fines and fees reform, true second chances will always be out of reach. As a policymaker, advocate, or court system stakeholder, you have the power to break the cycle of debt and punishment that keeps people trapped in the criminal legal system.
Explore the resources below to support meaningful reform in your state or community. Whether you want to understand the full impact of fines and fees, track revenue from these penalties, or amplify the voices of those most affected, there are many ways to take action.
Together, we can ensure that a second chance truly means a fresh start.
Are you a local advocate policymaker interested in pursuing fines and fees reform in your community or jurisdiction? Contact us here.
Resources
Campaigns
National campaign to end debt-based license restrictions.
National campaign dedicated to ending fees in the justice system
Research
Debt Sentence: How Fines And Fees Hurt Working Families
This report is the first national survey to examine how court-imposed fines and fees affect individuals and families.
Criminal Justice Debt: A Barrier to Reentry
This seminal report by the Brennan Center for Justice examines fines and fees practices in the fifteen U.S. states with the highest prison populations, focusing on “user fees” and their impact on individuals reentering society after incarceration.
The High Cost of a Fresh Start: A State by State Analysis of Court Debt as a Bar to Record Clearing
A criminal record can make it hard to get a job, support a family, secure housing, vote, and ultimately pay off fines and fees. This report examines each state’s laws to determine the extent to which court debt is a barrier to record clearing.
Monetary Sanctions and Housing Instability
This report uses multiple data sources and nationally representative survey data to explore the housing instability nexus. The findings illustrate a cyclical relationship between housing hardship and criminal legal impoverishment.
This research paper describes the categories of criminal legal fines and fees, and details how these costs can worsen social inequality. The author argues that because communities of color and people who are poor are disproportionately represented in the legal system, court debt can cause undue hardship and prolonged system involvement.
Estimating the Earnings Loss Associated With a Criminal Record and Suspended Driver’s License
This study estimates the national loss of income resulting from convictions that linger on one’s public record and the national estimated annual income loss due to having one’s driver’s license suspended for unpaid fines and fees.
Who Must Pay to Regain the Vote? A 50-State Survey (Update)
This report is an updated review of each U.S. state’s voting rights laws as they relate to payment of court fines, fees, and restitution.
Our national fee survey maps and reports show which states authorize some of the most ubiquitous fees, including supervision fees, counsel fees, warrant fees and fees for e-supervision (or electronic monitoring).
Tools
Decoding the Dear Colleague Letter: How Advocates Can Turn DOJ’s Words Into Action
FFJC’s overview of the DOJ’s Dear Colleague letter can be used in your advocacy to state or local legislators, courts, or other system players. This overview also outlines how to file complaints with the DOJ and use them as a force for change.
How Public Defenders Can Fight Failure-to-Appear Warrants
In this webinar, we examine the constitutional implications of the ruling in Beck v. Elmore County and discuss how trial attorneys can raise these issues in defense of their clients in other states. We also explore how rarely-used writs or other litigation tools can get these issues in front of high courts. Finally, we outline how policy advocates can use the ruling in Beck to challenge fines and fees more broadly.
This resource provides evidence-based guidance for jurisdictions that currently have or are looking to implement ability-to-pay assessments, payment plans, and/or community service as an alternative to fines, fees, or other monetary sanctions.
Fines and Fees Impact Stories
The Truth About Predatory Court Fees
Desiree’s Story on Debt-Based Driver’s License Suspension
Leah’s Story: One Ticket That Led to 14,000 in Costs
How Expensive Is Going to Jail? We Did the Math. – The New York Times