Posted on 03/11/2019 10:13:25 AM PDT by reaganaut1
...
Under a bill now making its way through the California State Legislature, millions of people in the state who have misdemeanor or lower-level felony records could be spared those problems: their criminal records would automatically be sealed from public view once they completed prison or jail sentences. The legislation would not apply to people convicted of committing the most serious crimes, like murder or rape.
“There are so many of us who just want to be better, but are constantly turned down, turned away,” said Mr. Jordan, who is now project director for Time Done, an Oakland nonprofit that works with people who have criminal records, and supports the California legislation.
In the United States, a record showing a criminal conviction or even an arrest that does not lead to a conviction can make it nearly impossible for someone to find jobs or apartments or to obtain professional licenses like those required in many states for barbers or real estate agents.
One in three Americans has a criminal record, according to the Justice Department, and a National Institute of Justice study found that having a criminal record reduced the chance of getting a job offer or a callback by 50 percent.
The legislation, introduced last week in the State Assembly, would make California — where an estimated eight million people have criminal records — the first state in the nation to automatically scrub the rap sheets of people whose records qualify. The law would apply retroactively, meaning that people arrested or convicted of various crimes dating back decades would have their records automatically sealed. The records would still be accessible to law enforcement agencies, but not to members of the general public, including potential landlords and employers.
(Excerpt) Read more at nytimes.com ...
Some research, for example at https://www.nber.org/papers/w22469 , has found that "ban the box" hurts black male applicants, because when employers cannot ask about a criminal record, they assume (correctly) that black male applicants are more likely to have such records.
Ex-cons need to work and restart their lives, and in a strong job market like the current one employers are more likely to give them a chance. But the decision about whether a criminal record matters should be left up to the employer.
Eventually I suspect the entire practice of credit scoring will also be banned as “racist”.
When Calif is the ONLY sanctuary state, illegals from other states flood into Calif, aside from the higher number of Mexicans wanting to enter Calif from Mexico.
Then if you make Calif the only BoxBan state, what will happen..? Yes, you will have tons of ex-cons in Calif competing with illegals for lower-tier jobs.
And what does THAT mean?
NONE of them will have jobs at all.
It’s the perfect storm for massive levels of crime.
If its murder, rape or assault, it matters. I don’t want that kind of person in my neighborhood.
But if someone is convicted of a lesser offense, as long as they served their time and keep their nose clean, I don’t care about their past.
People deserve a fresh start and what happened before is none of my business.
All I care is they play by the rules and stay out of trouble.
I don't want thieves out and practicing as CPAs. Even non-violent felonies hurt folks even if not physically, that's why they are felonies.
Recidivism rates are not full of joy for any class of felony, especially if nobody is watching so they keep their nose clean.
I am OK with this in some cases....however, many crimes are negotiated down and hidden....like stealing from the cash drawer.
Who wants to hire that person?
But, under this law, you may not see their past record...or do I have this wrong?
There are certain states which allow you to have your record expunged if you meet certain conditions (pay restitution, keep your nose clean for a certain period, pursue education or job training, etc.).
To do it on a blanket basis for everyone is very risky.
We saw how ignoring credit scores in the 2000s went.
Selective enforcement and plea bargaining have severely corrupted the meaning of the term "felony". There are too many "gotcha" regulations that can hit people for the rest of their lives - even for some misdemeanors.
Reforms are needed here.
I had my doubts, but you just convinced me.
Two major problems with this legislation.
First, it only would seal the state database criminal records. It does nothing to seal the individual court records where the convictions come from. They are increasingly going on line for all to see.
Second, there are any number of online background search businesses that have already downloaded those statewide records and would continue to data mine the court records and sell that information.
There would be little to gain. There is no way to put the horses back in the barn.
I tend to agree. I see this as a genuinely gray area: no ideal solution.
If we speak of a person paying his debt to society, and being rehabilitated, then we should support him in that.
If a person who has not committed a higher crime pays his debt, but becomes effectively unemployable, then we are encouraging recidivism, not rehabilitation.
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.