Pa. residents get a second chance

People make mistakes, and when they do, they should pay for them. But for far too long in Pennsylvania, we have compounded some individual mistakes with policies that impose unnecessary penalties on the state at large. We have denied people a second chance to turn their lives around, and we all pay a price for that.

Last month, Pennsylvania took a significant step toward a much smarter, fairer, and financially sensible system of criminal punishment when Gov. Tom Wolf signed Act 5 into law. When it takes effect in November, it will help us combat recidivism, cut our pardons backlog, and turn many former offenders from a burden on society into contributing members.

This was a bipartisan effort. The bill was sponsored by a Republican, Sen. Stuart Greenleaf of Montgomery County, and had backing from both sides of the aisle. In fact, I’m quite proud that one of my last official acts as a state Senator January 2015, just before I resigned to take office as lieutenant governor, was to co-sponsor the legislation then known as Senate Bill 166. A similar bill had been introduced in the previous session by a Democrat, Tim Solobay of Washington County, and I was pleased that Sen. Greenleaf picked up the baton.

The new law allows people convicted of certain misdemeanor crimes to ask a court to have their records sealed, provided they meet specific conditions. The offenses to which it applies are most second- and thirddegree misdemeanors (with some exceptions) and ungraded of- fenses punishable by no more than two years in prison.

Individuals can seek to have their records sealed if they have remained free of arrest and conviction for 10 years following the completion of their sentence, if they have fewer than four misdemeanor convictions, if they have never been convicted of a felony, first degree misdemeanor, or second-degree simple assault, and if they have paid fines and costs associated with their conviction.

The fee for the process is $132, although the court can waive it if the petitioner truly cannot afford it.

Once the records are sealed, they would not be available to employers or the public, and they would not have to be disclosed on employment applications and the like. The records would be open only to law enforcement and for state licensing purposes.

Reforming the system for lowlevel offenders who have been law-abiding citizens for an extended period of time has several important advantages, not just for the individual but for the state.

As chairman of the Board of Pardons for the past year, I know that one of the primary reasons people seek a pardon is job opportunity. They committed a crime, often in their youth and frequently out of foolishness and impetuousness. They served their sentence and have remained crime-free, often for decades. Now they want to better themselves and provide a better life for their family, but their criminal record stands in the way.

It is bad for them and bad for the state when we effectively keep such people out of the workforce, or prevent their advancement.

They can seek a pardon, but that presents two related problems. First, because of the huge backlog that has built up over many years — with new applications coming in every week — it now takes about three and a half years for a case to be heard. That means a long wait for the individual, and a heavier caseload, and therefore greater cost, for the state Board of Pardons.

The board is working on a series of changes that will reduce the backlog over time, but Act 5 will be an enormous additional help. We estimate that it will affect about 15 percent of applicants who now must go through the lengthy pardons process. These low-level offenders who have stayed out of trouble for an extended period of time will be able to clear their record in a timely manner once eligible, thus removing barriers to employment much more quickly. In turn, that greatly lessens the temptation to return to criminal activity, meaning fewer crime victims and less money spent on our taxpayer-supported court and prison systems.

There are many circumstances where fairness and public safety demand that we be tough on crime. But there are also circumstances when it is in society’s best interest to allow people to move on with their lives unimpeded by a criminal record from long ago. Act 5 will help Pennsylvania achieve the right balance.