« Summer Reading List | staleync's Blog | SCOTUS and the Rights of the Accused »

The Case for Expungment


In the current economy everyone is looking for ways to cut costs, including the criminal justice system. One very good idea floating around is the decriminalization of certain illegal narcotics. But while this may keep future citzens out of the penal system, there is an issue that can prevent currently incarcerated prisoners from returning.

Most people have heard the term "expungement," the process by which an offender's record will be erased after sentence compliance and a term of good behavior. What most people do not know is the the process is cumbersome and in many states not an option at all.

Let's say you live in my state, North Carolina. If you commit a crime when you are 18 (or 16-17 if tried as an adult, prosecutor's discretion), that crime is on your record for the rest of your life. When you are 90 years old with decades of work and public service with children and grandchildren, the record remains for all to see. And these are not just major crimes. Mismeanors and felonies alike, from vandalism to shoplifting, continue to hang over your head. Even a gubernatorial pardon does not clear the record.

Now imagine you have just gotten out of jail for writing a bad check because you came up short one month and your family needs groceries. You did the crime and the time. But for the rest of your life, on every job application, or in some cases credit and rental applications you fill out you must list this offense under penalty of perjury.

This scenario admittedly puts a better light on the offender than most cases. But when someone is released from jail or prison with no job, no credit, and no home, how can we expect anything less than massive recidivism? Even if the offender gets a minimum wage job, his chances of ever moving past that are slim because of this stigma.

Of course we need options in place to make the parole system better equipped to provide treatment and job placement rather than to act as 24/7 baby-sitters over adults. But that is just the first step.

Once an offender is released from incarceration and has paid all fines, restitution, etc, their record should be expunged after 1-3 years of clean living for misdemeanors and 5-7 years for felonies. There should also be a process for early expungement for exceptional cases, possibly tied to a set amount of community service.

Finally, I need to mention that expungement should mean full expungement. In some cases employers (or others) attempt to loophole the system by asking prospective employees to also list expunged offenses. This should be disallowed.

So the next time you hear your state representatives complaining that they are running out of ways to cut costs and stimulate the economy, send this idea along. It can simultaneously reduce jail and prison populations, extend the credit market, and give citizens the ability to get higher paying jobs thereby increasing consumer spending.

 

 

 


3 Comments

| Leave a comment
user-pic

This is a good start. And we need A FEDERAL LAW FOR THIS. No fricking around by states.

YES YES YES

user-pic

A wholehearted YES, and a HIGH REC!

user-pic

Get Articile - Thanks!!!

Hundreds of thousands of men and women who, having been convicted of a non-violent Federal Felony, and regardless of the sentence handed down by the courts and having “paid their debt to society”, are also being handed a hidden life sentence that is not a part of any judicial proceeding.

A first time, non-violent offender who has paid their full debt deserves a second chance. They deserve an opportunity to earn their lives back. These people are not “hardened criminals.” Rather they are quite ordinary people who have made a bad decision. They know it, they take full responsibility for their actions and they are full of remorse for the pain that they have caused to their families. Many too are so called “white collar” offenders who had very good jobs before they made a mistake. Even someone like Martha Stewart fits this category. However, unlike Ms. Stewart most of these people do not have a merchandising empire to fall back on. Most will never be able to regain their previous position. They are disenfranchised in too many ways to enumerate here

Call/Write Your Congress + Senate Rep Today - Support H.R. 1529 - Give Your Support & Your Voice - please call your US Congressional and/or US Senate Representative today. . . and even every week. Tell them it is a win-win for our society - and the best part - it won't use any of your tax dollars to make the USA Federal Justice System a more humane and a merciful one.

Leave a comment

staleync

user-pic

Following:
Followers: 16

Posts
Comments & Recommends


Favorites

  • Favorite Blogs TPM, Sullivan, Kos, BlueNC
  • Favorite Books Anything by Hunter S Thompson
  • Favorite Quotes Artie Lange, on his mother: “I can’t get her to relax, and you know, you meet rich people and they know how to relax. They’re great at it. I wish my mother skied or played tennis, or liked golfing or world travel, but she doesn’t. She likes cleaning tables with Pledge.”

Bio

B.S. in Criminal Justice, St. John's University. M.S. in Criminal Justice, Michigan State University - in progress.

All Reader Posts
How to use myTPM

Advertise Liberally
Share
Close Social Web Email

"To" Email Address

Your Name

Your Email Address