The Maryland Senate unanimously voted in legislation that will automatically expunge the police records of people who were arrested but never charged with a crime. The measure is designed to help people who have trouble getting jobs or obtaining credit because of these arrests. More than 21,000 people were arrested but not charged in Maryland last year.
Several states have introduced expungement bills for debate, including Rhode Island, Minnesota, New Jersey, North Dakota, and Alabama (which, ironically, had the bill introduced by a representative facing criminal misdemeanor complaints). Each state offers its own specific definition of expungement, but generally the term refers to the sealing or destroying of legal records. The records may not completely "disappear" and might still be available to law enforcement. Unlike the Maryland legislation, which is to expunge records for people who were arrested but not charged, other bills being debated deal with expungement for convicted individuals.
Expungement is a hot-button topic for many. Record expungement can open up many opportunities for people who were arrested but not convicted or for ex-offenders who have turned their lives around but can’t get certain jobs or rent property because of what comes up on a personal background check. Having a record expunged can remove barriers to gainful employment, professional licenses, and bring closure and emotional relief. Critics see it as a public safety issue and that possibly expunging the record of someone convicted of a serious or violent offense is a bad idea. Some argue that the practice also makes it more difficult to evaluate crime prevention and rehabilitation programs. As noted in an article in the New York Times, in today’s world, where so much information is available electronically, records that are supposed to be expunged will sometimes continue to come up during background checks.
Because some states have no restrictions on the use of a person’s conviction status, employers and creditors may exclude a person from opportunities based solely on his or her conviction status, whether they are a true career criminal or not. I think expungement laws are necessary to support those who have been truly rehabilitated and to end what could be seen as indefinite punishment for people based solely on having a criminal record.
What are your feelings on this issue? Do you know what the expungement laws are in your state? The Sentencing Project website has a great resource that details the laws and practices of rights restoration and the collateral hurdles that accompany a criminal conviction.
I totally agree with your opinion. I committed a small misdemeanor offense in New York state over 5 years ago and while it was non-violent/sexual/drug related it still has basically ruined my life even though it was just a stupid mistake and I have a college degree. I hope this state strongly considers the allowance of the sealing and expunging of criminal records for small offenses because it's nearly impossible to move out of state since the other ones have no limits to the period of time a background check can go back to or anti-discrimination laws to prevent against against not being hired for any kind of job.
Posted by: Jeffrey Jones | February 13, 2008 at 08:15 PM
I am the person that has redrafted the expungement bill in Alabama for Sen. Wendell Mitchell. I would like any one with a criminal arrest record or criminal conviction in Alabama to contact your State Senator and State Rep to support this bill.
Posted by: Darryl | February 26, 2008 at 04:39 AM
What is the current status of this bill?
Posted by: Mark | March 28, 2008 at 07:27 PM