Deletion and sealing of records helps ex-criminals return to work: NPR

Latosha Poston says that she has made many mistakes in her life. His legal problems began in his teens after the birth of his first child in Indianpolis. Over the years, bad decisions have led to arrests and convictions.

"Sometimes we are stuck in our past and we let our past guide us," she says.

The 44-year-old woman worked hard to improve her life. But her criminal record – all involving minor offenses – continued to haunt her while she was trying to find a decent job and a place to live.

Then, while watching the local news, she heard about Indiana's second chance law, adopted in 2013. It allows people to ask the public to withdraw their convictions for offenses and arrests.

Indiana is one of the states that is changing its approach to restoring the rights and status of a person after arrest or conviction. In the past two years, more than 20 states have expanded or added laws to help people get out of their criminal record – most of them involve minor offenses. The legalization and decriminalization of marijuana has played an important role in the conduct of these reforms. Fairness is another factor, as legislators on both sides rethink the long-term consequences of certain criminal records, as well as the economic consequences of mass incarceration.

There are also purely economic reasons to encourage the closure of criminal records.

"It hurts communities, counties and states if their citizens can not be productively employed or are not part of the tax base," said the American University Law Professor. Jenny Roberts, who has written extensively on the collateral consequences of convictions. "So, there is definitely an economic incentive to allow people to go beyond their criminal record."

State-level reforms have helped tens of thousands of people across the country.

Poston of Indianapolis is among them. After working in the home health care sector for nearly 20 years and earning just over $ 11 at the hour, she landed a much better paid job in a hospital as an assistant. operating room, once his records sealed.

"I felt something had been removed," she says of her case. "Because now I felt a bit like a human."

With ubiquitous background checks for jobs, schools, mortgage applications and more, even a conviction – and sometimes a single arrest – can drive people for years, according to critics, relegating somebody second class status.

"No one should underestimate how even the most minor crime convictions, including marijuana, trespassing or any form of conviction, can affect a person's ability to get a job, housing and to function fully in society, "said Roberts, who also co-directs the Criminal Justice Clinic at the American University of Washington, DC

Time for change

The reform trend reflects a nascent consensus that the social and economic problems created by massive prosecution and imprisonment call for a fundamental overhaul of the criminal justice system.

While reformers welcome state action, a panoply of laws, high court fees, cumbersome prosecutions and other obstacles have blunted what is otherwise seen as a rare area of ​​effective and bipartisan reform. .

"States are really on the map and reinventing the wheel," said lawyer Margaret Love, executive director of the Collateral Consequences Resource Center and expert on leniency and restoration of rights.

She and others appeal to the National Conference of State Legislatures (NCSL), the National Center of State Courts and the American Bar Association for what they do. study and share reforms with the most promising results.

"For the moment, it is becoming increasingly difficult for US legislatures to choose a single approach," says Love. "We need to start looking at this more systematically and looking for what works best."

For example, there is more and more evidence that it hurts public safety if you do not help people go beyond their criminal record and become part of the workforce. Without this help, the chances of a return to the criminal justice system increase.

One study estimates that the unemployment rate of formerly incarcerated individuals is over 27%, which is well above the total unemployment rate in the United States during any historical period, including the Great Depression. The rate is even higher for African Americans who have run afoul of the law.

With the national unemployment rate at historically low levels, many companies are looking for new ways to hire additional workers. A recent survey showed that over 80% of managers – and two-thirds of HR professionals – "believe that the value that workers with criminal records bring to the organization is equal to or greater than that of workers. without a folder ".

The example of Indiana

As in many other states, sealing and delisting work in Indiana is primarily the responsibility of non-profit legal groups and private sector lawyers. But in Marion County, the prosecutor's office hired a full-time paralegal to process all the applications. More than 11,500 people have been admitted since lawmakers implemented the law.

Although the national atmosphere around delisting has been considerably improved, some prosecutors and judges remain skeptical or totally opposed to the deletion of files. Philosophically, they do not think that those who have broken the law should be laundered.

Thus, Marion County, which includes Indianapolis, fully supports the efforts of Attorney Terry Curry. He pleaded for the law because he thinks that people who have not known trouble should not have the legal spot forever.

"If our goal is not to reoffend, we believe that we must remove the barriers that will hinder their ability to become productive members of our community," Curry said.

While most cases in Indiana involve minor offenses, judges have discretion in dealing with violent motions. The victims of these crimes can also testify. The most serious crimes can be written off eight or ten years after the completion of the sentence.

Some crimes must have the written consent of the prosecutor for the cancellation. Homicides and certain sexual offenses are not eligible for radiation in Indiana and most other states.

You can only ask for the records of convictions that have been erased once in your life. If you are subsequently found guilty of the other charges, there is no chance of them being sealed.

Although the process in Indiana and in other states seems simple, there are serious obstacles to overcome. Expulsion can be time consuming and expensive. There is a filing fee for each petition – fees that no one can afford.

In addition, the process may vary from one county to another, depending on the cooperation of local prosecutors. Lawyers in Indiana want lawmakers to facilitate the deletion of their records no matter where they are in the state.

Spread the word

The general ignorance about existing radiation laws is even more upsetting – in Indiana and across the country. People simply do not know that they exist or how they work.

Public defenders from New York to Los Angeles say they need to do a better job of getting the message across and pushing states to better fund these efforts.

In a recent Deportation clinic in the L.A. area, a man surrendered who had been serving a significant prison sentence for a non-violent crime. And he was out of probation for over five years. He still could not find work. The man, who did not want his name to be used, first thought that the eviction clinic was a kind of scam.

"He had no idea that he could not only get it. [the felony] evicted but reduced to a crime, "said Lara Kislinger, Los Angeles County MLA, who helped her manage the paperwork." He had no idea. And he was so grateful. And he had so much trouble finding a job. And we want people to be able to reintegrate into society and be productive members. And it was a case where it was so obvious that it hindered jobs – and life. And it is tragic. "

Deepening the public's knowledge about the sealing and radiation laws takes money and effort. Many public defender offices are already overwhelmed, understaffed and under-resourced.

How long should a recording last?

Across the country, crimes are more difficult to eliminate and involve longer waiting periods. In many states, homicides and certain sexual offenses are almost impossible to eliminate.

In some states, new pressures have been exerted to erase certain criminal convictions, particularly non-violent ones.

California has taken the lead in reducing the number of incarcerations and prosecutions of certain drug-related and non-drug-related serious crimes after the adoption of Proposition 47 and the Criminal Code. other measures. Former offenders may apply to a court to reduce their crimes to minor offenses.

Proponents say this has helped reduce the prison population and racial disparities in the justice system while saving taxpayers money. For example, funds are redirected to support services such as addiction treatment and counseling.

Others say that the prop. 47, although it's a good start, is inadequate. Jay Jordan of Los Angeles spent seven years in jail for robbery. He has been away for nearly eight years and says he still faces considerable obstacles to reintegrating into society.

"You know, I tried to adopt and I was denied." I tried volunteering at school and I was refused. Tried to sell insurance, I refused.I tried to sell used cars.So you know, every step of the process when i try to m & # 39; 39, improve and be able to take care of me for my family, there are huge obstacles, "said Jordan." And I'm not alone. "

In fact, there are about 8 million people formerly incarcerated in California. In the United States, there are an estimated 60 million people with criminal records, according to federal statistics. The majority are crimes. According to one report, as many people have criminal records as university degrees.

Jordan is now working for a non-profit organization that advocates for the rights of people in prison. In their work, Jordan and others question the fundamental question: how long should these convictions be in the record of someone who has had his day and who is safe? strives to become good citizens?

Not everyone wants these reforms. In California, some want to cancel parts of the state's criminal justice reforms through a voting initiative by 2020 that would include reducing the number of inmates who can apply for a earlier parole and reclassify certain crimes from theft to criminal offenses..

"Proposition 47 was approved by an overwhelming majority of California voters, who understood that permanently punishing people for a past mistake did not reflect our common American values ​​or an effective security strategy," said Jordan. Director of the California #TimeDone Campaign for Security and Justice. .

"Anyone who has an old, low-level, non-violent crime and who is eligible for the reduction into a crime under Prop. 47 should be able to be relieved, and we want to make it as easy as possible for people," says -he. "People deserve to have the chance to overcome the mistakes of their past and this path to redemption should be as easy as possible."

Some Democratic lawmakers in California are pushing back with the bill that would automate the process of striking out all crimes punishable under the law.

Legal experts such as Professor Roberts point out that perhaps the best solution would be for prosecutors to be content to bring fewer minor cases to court.

"I do not think you can have a real conversation about sealing, delisting and decriminalizing as long as you do not talk about less prosecution and less channeling of minor offenses into the criminal justice system," Roberts said.