Sponsored by Assemblywoman Annette Robinson, and hosted by
the Community Service Society, a Reentry Roundtable on June 22, 2016 focused on
the expungement of criminal records in New York State. The rich discussion at
this roundtable emphasized the urgency of creating laws that allow formerly
incarcerated people in New York State a second chance at a full life.
The conference kicked off with a welcoming speech by
Assemblywoman Robinson who emphasized the importance of expungement. According to the Community Service Society, expungement
is a “legal process that removes all records about one’s criminal changes from
both public records, and from law enforcement agency records” as well. In New
York City, there is no expungement, so once a person has a criminal conviction in
New York there will always be a record of it no matter how long ago the
conviction occured. In 2015 a bill for the expungement of records passed
through the majority liberal New York State Assembly, but was not passed
through the New York State Senate, with a more conservative majority. Expungement
laws, however, have been passed in Massachusetts, California, Rhode Island, and
Washington. For instance, in Massachusetts, under the new law known as “CORI
Reform” misdemeanors, felonies, and certain sex offenses can be sealed after a
period of time of law abiding conduct. As a result, his or her past criminal
record does not have to be reported in job interviews.
In
New York, there have been some attempts at creating opportunities for those
with criminal records. For example, the New York City Fair Act, that states
that employers must delay questions about one’s criminal record until after a
job offer is made. The Community Service Society explained that “in the end
employers, colleges, licensing agencies and landlords all make adverse
decisions against people with backgrounds based on stereotypes, media hype, and
simple prejudice”.
CEO of Community Service Society,
David Jones, stressed that the fight for expungement, is “our duty.” He claimed
that “1 and 3 men” in New York have a criminal record, and as a consequence, many
of their rights are denied for much of their lives. This mark, which follows
them for their lifetime, inhibits their ability to work, stay out of jail and
prison, and participate as fathers, sons, and community members. Afie Turner, Employment Specialist at STRIVE, shared her story about the struggles she faces having a criminal record for a crime that she committed over 30 years ago. She commented that she is a different woman than the 17-year old who committed the crime. She now is completing a degree in college and is employed. But despite this change in character, she is still barred from some opportunities because of her past record. For instance, realizing that she is unable to have children of her own, she faces the difficult reality that her criminal record prevents her from adopting a child and starting a family. She says that she feels like a dog on a leash, that constantly gets “snatched back” by New York State for her past, and stresses the need for a second chance for people just like her.
Similarly, Barry Campbell, Special Assistant to the President of Fortune Society, claims a criminal records “destroys a person’s livelihood”, and says that laws that prevent the sealing of a criminal record, overlook the “humanity [and] the human consequences of the persons” they affect. “Marches are not enough, you have to go up to elected officials” and stand up against these injustices, Campbell claims.
The powerful discussion raised my awareness about expungement laws in New York. The denial of the opportunity to expunge certain records holds a large number of individuals back from the rights of citizenship. Now is the time for change, and as suggested by the workshop, it is up to us to be the advocates for it.
By
Tylor-Maria Johnson Harlem Community Justice Center Summer Intern/Princeton University
Student
