Informal district court policy requiring probationers to disclose criminal history to employers is contrary to statute and guidelines

SENTENCING/PROBATION United States v. Souser, No. 04-1101, ___ F.3d ___(10th Cir. May 4, 2005)(Colorado). Appeal of condition of probation requiring defendant to notify employer of her criminal history. HELD: Informal policy of district court of Colorado of imposing employer notification requirement as default condition of probation is contrary to relevant federal statute and sentencing guidelines provisions because it is: (1) contrary to plain text of sentencing guidelines by placing burden on defendant to show why employer notification is not necessary instead of requiring case-by-case determination; and (2) contrary to statutory provisions governing conditions of probation which make imposition of occupational restrictions discretionary. Read the opinion here.