Clean the slate for nonviolent offenders
For the past 20 years, my office has prosecuted hundreds of thousands of criminal cases, and we have always operated under the philosophy that, when appropriate, the criminal justice system should be not only punitive but also rehabilitative.
Thousands of first-time, nonviolent offenders have seen their records expunged through the process of Accelerated Rehabilitative Disposition, while others have been able to benefit from participating in one of the many specialty courts that my office has assisted in creating, courts that offer treatment and programs to defendants in lieu of incarceration, hopefully easing their integration back into a purposeful life.
Despite these efforts, there are still individuals who find that the minor crimes they committed years ago still have significant impact on where they can live, where they can work and where theycan go to school.
Last year, the state Legislature passed a law that offers the chance to seal old, minor criminal records for people who stay out of trouble. While that was a good start to help people rebuild their lives and reputations, there is a next step that should be taken.
The law now requires Pennsylvanians who stay out of trouble for 10 years to go through a time-consuming and cumbersome process to seal their records, a process that includes a court hearing and the payment of a filing fee.
The General Assembly can ease that burden by passing the Clean Slate Act. The act would make the sealing of these records automatic after 10 years for nonviolent offenders who stay out of trouble. The courts and police agencies would work together to accurately and automatically seal these criminal records within two months of an offender’s eligibility. Those who qualify would simply be notified by mail that their records have been sealed. They would not have to go through a hearing, pay a fee or hire a lawyer.
Criminal background checks are necessary and serve an important function. Employers, landlords and schools should know if there is something in a candidate’s past that makes that person a danger or liability. The Clean Slate Act would not inhibit background checks. What it would do is allow nonviolent offenders who remain crime-free for a decade to apply for housing, jobs and schools, knowing that a long-ago minor crime will not stand in the way of their applications being considered.
I urge our legislators to swiftly pass the Clean Slate Act.