“High fees, long waits cast shadow over new criminal expungement laws”
The title of this post is the headline of this notable new Stateline piece highlighting some challenges of implementing record relief laws. I recommend the full piece, and here are excerpts:
More states are making it easier for residents to clear or seal their criminal records. The effort has drawn bipartisan support, as lawmakers across the political spectrum say it will help people find jobs and housing, in turn boosting local economies and reducing reliance on social services….
But the shift has created some new concerns. The surge in applications after lawmakers eased rules created a major backlog in several states. Some residents struggle to pay the required fees. And some prosecutors and legislators worry that people who commit additional crimes after their records are expunged may not be held fully accountable.
At least four states — Louisiana, Maryland, Minnesota and New York — passed legislation this year that would make clearing or sealing one’s criminal record easier. Michigan and Ohio also had similar laws go into effect this year.
Expungement removes arrests and convictions from a criminal record as if they never existed, while record sealing hides records from the public but allows access by court officials and some law enforcement agencies. Almost every state has some form of expungement or record sealing policy. Though they can vary widely, most policies require individuals to be crime-free for a set amount of time, usually tied to how serious their conviction was….
Over the past five years, more states have moved to offer automatic expungement or sealing, which generally uses a computer system to wipe or shield people’s criminal records when they become eligible. At least 26 states and the District of Columbia have an automatic system already in place or in the works….
Some state Republicans have “abandoned this mentality of tough on crime,” according to Nino Marchese, the director of criminal justice and civil justice at the American Legislative Exchange Council, a conservative nonprofit membership organization that drafts model legislation. Marchese said state legislators in the group are increasingly inclined toward evidence-based policymaking, which typically involves analyzing research and data, to draft criminal justice policies.
But some residents haven’t been able to get their records expunged because of the fees and large backlogs…. Some critics argue that broadening eligibility for expungements or the sealing of criminal records will put the public at risk by cloaking violent crimes.
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